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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Litigation in Roman Law (Hardcover)
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Litigation in Roman Law (Hardcover)
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Modern accounts of how the classical Romans sued each other tend to
show the opponents willingly working together under the guidance of
a magistrate, until their case was ready for trial. The parties
found a convenient time to make their first appearance, at which
time they decided on the details of their case, selected a judge,
and received permission to go to trial. If any delay were
necessary, the magistrate helped the parties in their arrangements
to return. This picture is unrealistic: it presumes a high degree
of cooperation between the parties, the personal stewardship of a
magistrate, and the ready availability of a judge. This accepted
picture emerged over time from a tiny amount of evidence. Justinian
had no interest in preserving evidence on classical procedure, and
subsequent generations of jurists often did not regard rules of
procedure as worthy of interest. Recent years, however, have
brought a flood of new evidence on classical Roman legal procedure.
Metzger examines this evidence, painting a picture of litigation
that is far less polite and far less orderly. He examines how the
rules of procedure coped with the typical pretrial delays that the
Roman system, and indeed any legal system, faces.
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