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Author: Philipp Lotmar
Publisher:
ISBN:
Category : Actions and defenses (Roman law)
Languages : de
Pages : 164
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Book Description
Author: Philipp Lotmar
Publisher:
ISBN:
Category : Actions and defenses (Roman law)
Languages : de
Pages : 164
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Book Description
Author: Philipp Lotmar
Publisher:
ISBN:
Category :
Languages : de
Pages : 145
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Book Description
Author: Gian Luigi Falchi
Publisher:
ISBN:
Category :
Languages : it
Pages : 29
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Book Description
Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 9780820311791
Category : Law
Languages : en
Pages : 212
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Book Description
In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
Author: John Boardman
Publisher: Cambridge University Press
ISBN: 9780521256032
Category : History
Languages : en
Pages : 960
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Book Description
This volume of 'The Cambridge Ancient History' embraces the wide range of approaches and scholarships which have in recent decades transformed our view of late antiquity.
Author: James Muirhead
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 480
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Book Description
Author: Bruno Hugo Stricker
Publisher:
ISBN:
Category : Judicial process
Languages : nl
Pages : 92
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Book Description
Author: Sonia Martin Santisteban
Publisher: Cambridge University Press
ISBN: 1107121922
Category : Law
Languages : en
Pages : 535
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Book Description
Comparative analysis of vindicatio, possessory remedies and trespass across sixteen European jurisdictions based on twelve straightforward factual cases.
Author: Michael Hewson Crawford
Publisher:
ISBN:
Category : Inscriptions, Greek
Languages : en
Pages : 396
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Book Description
Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 9780820313870
Category : Law
Languages : en
Pages : 152
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Book Description
Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems. After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.
