This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. Contributors: Benedikt Forschner * Catherine Steel * Christine Lehne-Gstreinthaler * Jan Willem Tellegen * Jennifer Hilder * Jill Harries * Matthijs Wibier * Michael C. Alexander * Olga Tellegen-Couperus * Philip Thomas * Saskia T. Roselaar * Yasmina Benferhat.

There are no legal institutions other than pignus and hypotheca (i.e. mortgage) where the formative effect of legal practice can be so clearly observed. Security and Credit in Roman Law outlines the legal history of these institutions in terms of an iterative relationship between transactional lawyers drafting legal transactions and Roman jurisprudence deploying its analytical skills in order to accommodate new transactional practices into the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal charges: even these weaknesses did not undermine the effectiveness of secured transactions.

This is an interdisciplinary, edited collection on social science methodologies for approaching Roman legal sources. Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an interdisciplinary manner whereby Roman law is not merely seen as a set of abstract concepts devoid of any background, but as a body of law which operated in a specific social, economic and cultural context. This "context-based" approach to the study of Roman law is an exciting new field which legal historians must address. Since the mid-1960s, a new academic movement has advocated a "law and society" approach to the study of Roman law instead of the prevailing dogmatic methodology employed in many Faculties of law. This book aims to further the current debate on the interface between legal history and ancient history. It brings together a distinguished group of scholars who will provide different perspectives on this debate. It addresses particular themes within this debate such as law and legal practice, law and gender as well as law and economics.

A fundamental re-assessment of Cicero's place in Roman law This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. ContributorsBenedikt Forschner Catherine Steel Christine Lehne-Gstreinthaler Jan Willem Tellegen Jennifer Hilder Jill Harries Matthijs Wibier Michael C. Alexander Olga Tellegen-Couperus Philip Thomas Saskia T. Roselaar Yasmina Benferhat

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: *the sources of medieval law and how to access them *the development from cases to rules *medieval lawyers' strategies for citing each other and their significance *growth of a conceptual approach to the study of law. With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature.

Roman law has had a huge impact on European legal and political thought. Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. He assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies.

Saint Antoninus of Florence was a Dominican friar and archbishop of Florence from 1446 to 1459. He composed one of the most comprehensive manuals of moral theology, the Summa, which has long been counted among the more copious, influential, and rewarding medieval sources. St Antoninus of Florence on Trade, Merchants, and Workers gives an orientation to the life and teaching of Saint Antoninus, focusing on his writings on economic ethics. It includes a critical edition of his original Latin text with an English translation. The book provides an extensive introduction to his thought, situating it in its intellectual and social context, and elucidates the development of medieval economic and moral doctrines in law and theology. The book examines historians’ arguments about Italian business culture in the wake of the medieval "Commercial Revolution" and whether this culture can be considered capitalistic. It concludes that while Saint Antoninus is surprisingly modern in the economic concepts he deploys, his moral teaching on proper means and ends in the marketplace stood against certain nascent capitalistic tendencies in fifteenth-century Florence. Through examination of the manuscripts, this book opens a window into a premodern author’s writing process that will be of interest to scholars of medieval manuscripts and literary production.

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial. Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity.

Bringing together a team of international experts from different subject areas - including law, history, archaeology and anthropology - this book re-evaluates the traditional narratives surrounding the origins of Roman law before the enactment of the Twelve Tables. Much is now known about the archaic period, relevant evidence from later periods continues to emerge and new methodologies bring the promise of interpretive inroads. This book explores whether, in light of recent developments in these fields, the earliest history of Roman law should be reconsidered. Drawing on the critical axioms of contemporary sociological and anthropological theory, the contributors yield new insights and offer new perspectives on Rome's early legal history. In doing so, they seek to revise our understanding of Roman legal history as well as to enrich our appreciation of its culture as a whole.

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. When antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3-84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyzes the context, making, and impact of Sigonio's reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from imperial reform and colonial independence in the nascent United States of America to Enlightenment accounts of property distribution. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance to today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: * Self-test questions on the key topics of Roman law give students the opportunity to test learning. These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook. * Revision sheets and sample essay questions aid exam preparation. * An interactive timeline supplements the list of dates featured in the introduction to the textbook. It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch). The timeline provides a chronological overview of the development of Roman private law in its political and historical context. * Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law). * There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.

Gerald Strauss offers a comprehensive study of a phenomenon of great interest to scholars of early modern Europe: the widespread opposition to Roman law and lawyers in sixteenth-century Germany. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.

This is a thought-provoking study of marriage and the law in late Antiquity, dealing particularly with the legislation on marriage enacted by the Roman Emperor Constantine (AD 307-337). As the first Emperor to accept Christianity, Constantine is often credited with having introduced Christian ideals and practices into Roman law, but in this book the author argues that the extent of Christian influence on Constantine's marriage legislation was limited. Rather, in many cases, it merely granted legal recognition to practices that had long been followed by many people in the Roman Empire. Whilst Constantine did not always endorse such practices, and in some cases even tried to repress them, a careful examination of his laws against the dual background of classical Roman law and early Christian attitudes towards marriage reveals much about contemporary behaviour and belief in late antiquity. This book is intended for scholars and students of late antiquity and the Roman Empire especially historians interested in the position of women and early Christianity.

This is a scholarly survey of the Law of Obligations from classical to modern times. It is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity and traces their development over hundreds of years through the legal systems of Europe. It is not merely a work of Roman legal scholarship. It is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations. It will be used by scholars of private law throughout the world for many years to come.

This second edition of Tony Honore's controversial book analyzes some 2,609 legal rulings (rescripts) given by Roman Emperors between 193 and 305 AD, and argues that, though issued in the name of emperors, they were really both in style and substance the work of professional lawyers. From their style Honore is able to detect when one lawyer-draftsman gave way to another, and to identify some of the lawyers and allot most of the rescripts to the true author. On this basis he argues that in the third century there was a convention that the rights of citizens would be governed by objective legal standards. The Roman Empire was not in fact a pure autocracy. Extensively updated and edited, this edition includes on a high-density diskette a reconstruction (Palingenesia) of the 2,609 rescripts. This new and original work of reference will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.

This collection of essays, contributed by friends and colleagues of Barry Nicholas, is a Festschrift to mark the occasion of his 70th birthday, and it is also an important contribution to the study of a specific area of Roman Law. Barry Nicholas is one of the leading comparatists and Roman lawyers of his day. For many years All Souls Reader in Roman Law, and then Professor of Comparative Law in the University of Oxford, he retires this year after more than 10 years as Principal of Brasenose College.

Combining historical, sociological, and legal expertise, Bruce Frier discloses the reasons for the emergence of law as a professional discipline in the later Roman Republic. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Few topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law. Taken collectively, the volume establishes whether it is possible to identify a 'British' method of researching and writing about Roman law.

Jolowicz's classic work traces the development of Roman Law historically from the earliest times until the age of Justinian. Private Law is treated at some length for the republican period, but for imperial times the emphasis is on constitutional law and the sources of law, together with the procedure and structure of the judicial system. There are also chapters on social conditions and on the general characteristics of classical and post-classical law.

A study and revision guide for Scots law students of Roman law'Roman Law Essentials' provides a clear overview of the structure of Roman government and society. It first introduces the sources and development of Roman Law. Then, it examines the three keystones of Roman Law: The Law of Persons, The Law of Things and the Law of Actions. The final section appraises the reception of Roman Law into medieval Canon Law and the 'Ius Commune', from which many of the world's leading legal systems developed. The guide gives special attention to the evolution of Scots Law from Roman Law. Key FeaturesCase studies have been updated for the second editionCompares Roman law with other early legal systems to show why Roman law was special and how it was folded into other medieval legal structures in Europe and BritainSummary sections of Essential Facts and Essential Cases to help students remember the key elements of the subject

Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure"--that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.

This casebook presents representative texts from Roman legal sources that introduce the basic problems arising in Roman families, including marriage and divorce, the pattern of authority within households, the transmission of property between generations, and the supervision of orphans.

Rome acquired her great empire under republican institutions. These institutions were held to be remarkably stable because they were a mixture of monarchy, oligarchy, and democracy, created by natural evolution not by a lawgiver. The Republic was also a classic example of a largely unwritten constitution, like that of Britain, and so it has bearing on modern political theory.

This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.