Author: Kaius Tuori
Publisher: Verlag Vittorio Klostermann
ISBN: 9783465040347
Category : Law
Languages : en
Pages : 0

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Book Description
1st limited edition 2006 published by the author is out of print.

Author: Aldo Schiavone
Publisher: Routledge
ISBN: 1000469778
Category : History
Languages : en
Pages : 318

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Book Description
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.

Author: Benjamin Straumann
Publisher: Cambridge University Press
ISBN: 1107092906
Category : History
Languages : en
Pages : 287

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Book Description
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.

Author: Benjamin Spagnolo
Publisher: Bloomsbury Publishing
ISBN: 1509938974
Category : Law
Languages : en
Pages : 224

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Book Description
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

Author: Bart Wauters
Publisher: Edward Elgar Publishing
ISBN: 1786430762
Category : History
Languages : en
Pages : 293

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Book Description
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Author: Paul J. du Plessis
Publisher: Edinburgh University Press
ISBN: 1474408842
Category : Law
Languages : en
Pages : 256

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Book Description
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.

Author: Paul J du Plessis
Publisher: Oxford University Press
ISBN: 0191044431
Category : History
Languages : en
Pages : 650

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Book Description
The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

Author: Anonymous
Publisher: Good Press
ISBN:
Category : Law
Languages : en
Pages : 48

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Book Description
This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.

Author: Kaius Tuori
Publisher: Bloomsbury Publishing
ISBN: 1350058742
Category : History
Languages : en
Pages : 305

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Book Description
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.

Author: Kaius Tuori
Publisher: Routledge
ISBN: 1317815998
Category : History
Languages : en
Pages : 233

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Book Description
Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.