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.

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.

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

The present volume presents a selection of studies by Ranon Katzoff on Jews in the ancient Roman world. Common to them is that they deal with Jews in liminal situations - confronted with non-Jewish, mainly Roman, laws, places, government, and modes of thought. In these studies - in which texts in Greek and Latin and rabbinic texts (all in translation) elucidate each other - Jews are shown to be rather loyal to their Jewish traditions, a controversial conclusion. The first two sections concern law. Section one searches the remains of popular Jewish culture for evidence on the degree to which rabbinic law really prevailed, through the study of Judaean Desert documents, mainly those of Babatha. Section two sifts through rabbinic law for traces of Roman law. Section three comprises studies of Jews in, to, and from the city of Rome, and section four a miscellany of studies on Jews confronted with non-Jewish life.

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.

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 paperback editions preserve the original texts of these important books while presenting them in durable paperback 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.

The second volume in a collection of the most influential essays on legal history from the career of John W Cairns. Enlightenment, Legal Education and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law. Both volumes collect together and reprint a selection of some of the many articles and essays published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. First volumes to collect in one place the legal thinking of John W Cairns; Volumes 11 and 12 of the respected Edinburgh Studies in Law series and key essays on Scots law, Roman law and the Enlightenment.

"Treason" is a word with many connotations, a word applied to a host of varied offenses throughout the history of humanity. These essays by Floyd Seyward Lear analyze the development of the political theory of treason from its beginning in Roman Law to its transformation in the Germanic custom of the early Middle Ages.

The author has presented treason as a political idea, possessing historical continuity, though varying from age to age as it follows the evolution of political authority itself. These studies trace the shifting emphasis in crimes against the state from acts directed against a central absolutist authority to acts involving the personal relationship of a pledged troth and individual fealty. This is a shift from the concept of majesty in Roman law to the concept of fidelity in Germanic law with the corollary shift from allegiance as an act of deference to allegiance as a token of mutual fidelity.

These ideas are examined chronologically across an interval extending from archaic Roman law to incipiently feudal forms, from which modern theories of treason, allegiance, and sovereignty derive. Contemporary concepts in these political areas can hardly be understood apart from their historical origins. Broadly considered, this work is intended as a contribution to intellectual history.

Further, this collection represents the synthesis of material widely scattered in the primary sources and relevant secondary works. The two concluding bibliographical essays are intended as a general survey of the literature relevant to these studies in Roman and Germanic public law. Descriptive and interpretive works which deal with treason and its allied aspects of political and legal theory are not numerous in the English language.

Pliny the Younger (c. 60-112 C.E.)-senator and consul in the Rome of emperors Domitian and Trajan, eyewitness to the eruption of Vesuvius in 79, and early 'persecutor' of Christians on the Black Sea-remains Rome's best documented private individual between Cicero and Augustine. No Roman writer, not even Vergil, ties his identity to the regions of Italy more successfully than Pliny. His individuality can be captured by focusing on the range of locales in which he lived: from his hometown of Comum (Como) at the foot of the Italian Alps, down through the villa and farms he owned in Umbria, to the senate and courtrooms of Rome and the magnificent residence he owned on the coast near the capital. Organized geographically, Man of High Empire is the first full-scale biography devoted solely to the Younger Pliny. Reserved, punctilious, occasionally patronizing, and perhaps inclined to overvalue his achievements, Pliny has seemed to some the ancient equivalent of Mr. Collins, the unctuous vicar of Jane Austen's Pride and Prejudice. Roy K. Gibson reveals a man more complex than this unfair comparison suggests. An innovating landowner in Umbria and a deeply generous benefactor in Comum, Pliny is also a consul who plays with words in Rome and dispenses summary justice in the provinces. A solicitous, if rather traditional, husband in northern Italy, Pliny is also a literary modernist in Rome, and-more surprisingly-a secret pessimist about Trajan, the 'best' of emperors. Pliny's life is a window on to the Empire at its zenith. The book concludes with an archaeological tour guide of the sites associated with Pliny.

From the mid-1960s through the mid-1990s, Canada was in a state of ongoing political crisis. Within this thirty-year period, David R. Cameron was an active participant and observer of Canada's crisis of national unity. As a political scientist and former senior public servant, Cameron remains one of the most astute and respected analysts of Canadian federalism. This volume assembles some of Cameron's best works on federalism, nationalism, and the constitution, including journal articles, book chapters, speeches, newspaper op-eds, and unpublished opinion pieces spanning nearly fifty years of engagement. In addition, The Daily Plebiscite includes a conversation between Cameron and Robert C. Vipond on the "long decade" of the 1980s in Canadian constitutional politics, a brief history of the mega-constitutional era, and concluding reflections on the broader lessons that other divided societies might take from the Canadian experience. Providing rich fare for anyone interested in questions of federalism, nationalism, and constitutionalism, The Daily Plebiscite offers an informed, insider's perspective on the national unity question and considers the challenges faced by a federal, multinational, and multicultural country like Canada.

Most of the women and men who practiced magic in Tudor England were not hanged or burned as witches, despite being active members of their communities. These everyday magicians responded to common human problems such as the vagaries of money, love, property, and influence, and they were essential to the smooth functioning of English society. This illuminating book tells their stories through the legal texts in which they are named and the magic books that record their practices. In legal terms, their magic fell into the category of sin or petty crime, the sort that appeared in the lower courts and most often in church courts. Despite their relatively lowly status, scripts for the sorts of magic they practiced were recorded in contemporary manuscripts. Juxtaposing and contextualizing the legal and magic manuscript records creates an unusually rich field to explore the social aspects of magic practice. Expertly constructed for both classroom use and independent study, this book presents in modern English the legal documents and magic texts relevant to ordinary forms of magic practiced in Tudor England. These are accompanied by scholarly introductions with original perspectives on the subjects. Topics covered include: the London cunning man Robert Allen; magic to identify thieves; love magic; magic for hunting, fishing and gambling, and magic for healing and protection.

International law is a fundamentally modern phenomenon. Tracing its roots to nineteenth-century pronouncements on the 'law of nations,' the discipline took shape in the elaborate treaty structures of the post-First World War era and in the institutions and tribunals established after the Second World War. International law as scholars know and study it today is a product of modernism. In The Aesthetics of International Law, Ed Morgan engages in a literary parsing of international legal texts. In order to demonstrate how these types of legal narratives are imbued with modernist aesthetics, Morgan juxtaposes international legal documents and modern (as well as some immediately pre- and post-modern) literary texts. He demonstrates how the same intellectual currents that flow through the works of authors ranging from Edgar Allan Poe to James Joyce to Vladimir Nabokov are also present in legal doctrines ranging from the law of war to international commercial disputes to human rights. By providing a comparative, interdisciplinary account of this modern phenomenon, Morgan's work highlights the ways judges, lawyers, and state representatives artfully exploit the narratives of international law. It demonstrates that just as modernist literature developed complex narrative techniques as a way of dealing with the human condition, modern international law has developed parallel argumentative techniques as a way of dealing with international political conditions.

In 1803 in the colonial South American city of La Plata, Doña Martina Vilvado y Balverde presented herself to church and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a “woman in disguise.� Forced to submit to a medical inspection that revealed a woman’s body, Don Antonio confessed to having been María Yta, but continued to assert his maleness and claimed to have a functional “member� that appeared, he said, when necessary. Passing to América is at once a historical biography and an in-depth examination of the sex/gender complex in an era before “gender� had been divorced from “sex.� The book presents readers with the original court docket, including Don Antonio’s extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybañez of her “son María,� both in English translation and the original Spanish. Thomas A. Abercrombie’s analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/María and contemporaries can teach us about the complexities of the relationship between sex and gender today. Passing to América brings to light a previously obscure case of gender transgression and puts Don Antonio’s life into its social and historical context in order to explore the meaning of “trans� identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history. This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)—a collaboration of the Association of American Universities, the Association of University Presses and the Association of Research Libraries—and the generous support of New York University. Learn more at the TOME website: openmonographs.org.

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

In less than fifty-three years, Rome subjected most of the known world to its rule. Written by a team of specialist scholars, this book traces the rise of Rome from its origins as a cluster of villages to the foundation of the Empire and its consolidation in the first two centuries CE.

Huguccio was an important lawyer of the medieval church, bishop of Ferrara, and one of the greatest representatives of twelfth-century scholasticism. In this book-length study of this influential figure, Wolfgang P. Muller provides a critical account of the biographical information on the man and his writings. He discusses the various aspects of Huguccio's career and thought as well as the manuscript tradition of some of his works. The author's scholarship rests on direct consultation and painstaking analysis of enormous quantities of manuscript material. This book provides the point of departure for anyone wishing to study Huguccio first-hand. It will be worthy reading for students of medieval canon law and an essential addition to all libraries supportingresearch in medieval studies.

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 paperback editions preserve the original texts of these important books while presenting them in durable paperback 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 provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and an orderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Burgerliches Gesetzbuch), the German Civil Code (Burgerliches Gesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamic character and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website, www.oup.com/us/romanpropertylaw."

This book sketches the history of Roman Private Law from the Twelve Tables to modern times, and sets out the elements of the system. It does not attempt to summarize the whole law, but explains and evaluates its most characteristic and influential features.

The essays in this volume were presented in honour of David Daube, a scholar of Roman and biblical law, on the hundredth anniversary of his birth. DAVID CAREY MILLER relates the events leading up to the centenary celebration. HECTOR L. MACQUEEN describes the decades-long friendship between Daube and T. B. Smith, professor in Aberdeen and Edinburgh. ROBERT A. SEGAL analyses Daube's defence of causation in biblical law as 'sophisticated' rather than 'primitive'. CALUM CARMICHAEL discusses the ritual of the red heifer in Numbers 19 and its relation to Jacob's 'red, red dish'. BERNARD JACKSON discusses the parable of the prodigal son, the legal ambiguities that attend the arrival of the returning son, and the significance of these ambiguities, especially to the relationship between historic Israel and the new church. WILLIAM M. GORDON recalls his time as an undergraduate attending Daube's classes in Roman law. ERNEST METZGER discusses Daube's lectures on the Roman law of sale, preserved in typescript. ALAN WATSON recalls his time as Daube's doctoral student, and later as his colleague. JONATHAN M. DAUBE gives a lively and personal account of his father.

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In "Packing the Court," he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.