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Roman Law and the Origins of the Civil Law Tradition (Hardcover, 2015 ed.)
Loot Price: R2,845
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Roman Law and the Origins of the Civil Law Tradition (Hardcover, 2015 ed.)
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This unique publication offers a complete history of Roman law,
from its early beginnings through to its resurgence in Europe where
it was widely applied until the eighteenth century. Besides a
detailed overview of the sources of Roman law, the book also
includes sections on private and criminal law and procedure, with
special attention given to those aspects of Roman law that have
particular importance to today's lawyer. The last three chapters of
the book offer an overview of the history of Roman law from the
early Middle Ages to modern times and illustrate the way in which
Roman law furnished the basis of contemporary civil law systems. In
this part, special attention is given to the factors that warranted
the revival and subsequent reception of Roman law as the 'common
law' of Continental Europe. Combining the perspectives of legal
history with those of social and political history, the book can be
profitably read by students and scholars, as well as by general
readers with an interest in ancient and early European legal
history. The civil law tradition is the oldest legal tradition in
the world today, embracing many legal systems currently in force in
Continental Europe, Latin America and other parts of the world.
Despite the considerable differences in the substantive laws of
civil law countries, a fundamental unity exists between them. The
most obvious element of unity is the fact that the civil law
systems are all derived from the same sources and their legal
institutions are classified in accordance with a commonly accepted
scheme existing prior to their own development, which they adopted
and adapted at some stage in their history. Roman law is both in
point of time and range of influence the first catalyst in the
evolution of the civil law tradition.
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