Textbook on Roman Law

ISBN-10: 0199276072
ISBN-13: 9780199276073
Edition: 3rd 2005 (Revised)
List price: $71.50
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Description: Within the space of a thousand years, Roman society transformed itself from an insignificant tribe on the Italian mainland struggling for territorial supremacy, to one of the most accomplished civilisations of the ancient world, whose Empire  More...

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Book details

List price: $71.50
Edition: 3rd
Copyright year: 2005
Publisher: Oxford University Press, Incorporated
Publication date: 4/21/2005
Binding: Paperback
Pages: 440
Size: 6.50" wide x 9.50" long x 1.00" tall
Weight: 1.628
Language: English

Within the space of a thousand years, Roman society transformed itself from an insignificant tribe on the Italian mainland struggling for territorial supremacy, to one of the most accomplished civilisations of the ancient world, whose Empire extended over the greater part of Western Europe, the Mediterranean and northern Africa. This transformation was not a chance event. It was a direct result of the Roman genius for government and the law. Through a relentless campaign of "empire building", Roman armies conquered and subjugated vast territories. Unlike other conquerors of the ancient world, however, the Romans were keenly aware that their dominance of these regions could only be maintained through a process of "Romanization" that included the installation of an effective bureaucracy utilising a flexible system of law. Although the Roman Empire was destined to disintegrate over time, its legal system left an indelible imprint on Western Europe. Roman law, as rediscovered by the Italian Glossators in the eleventh century, provided the conceptual foundation of many modern legal systems, and continues to provide an invaluable introduction to paradigms of legal thought and the study of legal concepts. Above all, Roman law is richly rewarding to study for its own sake, as a remarkable feat of organized good sense and structured orderliness. The book provides students with a lucid and readable exposition of Roman civil law and procedure. To make the subject more accessible, the author sets the law in the context of the history of Rome and keeps the use of Latin phrases to a minimum. A major feature of the book is the use of texts (in translation) from the most important sources of Roman law. The texts serve to illustrate the law and to make it more vivid for the reader. This third edition has been fully updated to reflect recent developments in Romanist scholarship. References to key articles and books have been incorporated into the text and further reading sections included at the end of each chapter. The final chapter on Roman law and the European ius commune has been substantially expanded. Online Resource Centre Glossary of Latin terms appearing in the text. Annotated web links to search engines and websites devoted to Roman law. Comprehensive time line incorporating Roman legal and social history. Short biographies of key figures in Roman legal history. Original Latin versions of citations reproduced in the book Multiple choice questions covering each chapter.

Paul J. du Plessis is Senior Lecturer in Civil Law and Legal History at the University of Edinburgh. He is a legal historian whose research interests include Roman law, medieval interpretations of Roman law, Roman-Dutch law, the historical development of the civilian tradition in mixed jurisdictions, the relationship between law and history as well as between law and society in a historical context. Secondary research interests include the development of European Private Law, Comparative Law and International Private Law.He is a member of various organisations dedicated to the study of legal history, sometime webmaster of the Centre for Legal History at Edinburgh University and convener of the Edinburgh Roman Law Group.

Preface to the Third Edition
Preface to the First Edition
Acknowledgements
Dates
Abbreviations
Guide to the companion web site
Introduction: Rome-a historical sketch
Monarchy
Republic
Empire
Further reading
The Roman Legal System
The sources of Roman law
Sources of law in the archaic period
Sources of law in the Republic
Sources of law in the Empire
The post-classical era
Justinian's codification
Further reading
Roman litigation
The perils of litigation
Early procedure: the legis actiones
The formulary system
The cognitio procedure
Further reading
The Law of Persons
Status, slavery and citizenship
Legal personality
Status
Freedom and the law of slavery
Citizens and non-citizens
Further reading
The Roman family
The paterfamilias and his household
Marriage and divorce
Adoption
Guardianship
Further reading
The Law of Property and Inheritance
Interests in property
The classification of property
Ownership
Possession
Servitudes
Contractual proprietary interests
Further reading
Acquiring ownership
Ius gentium methods of acquiring ownership
Ius civile methods of acquiring ownership
Gifts
Further reading
Inheritance
Introduction
Better to make a will?
Intestacy
Making a will
Heirs
Legacies
Testamentary freedom
Failure
Codicils and trusts
Further reading
The Law of Obligations
Contracts
Obligations in general
General features of Roman contracts
Consensual contracts
Verbal contracts
Contracts re
Contracts litteris
Innominate contracts
Pacts
Quasi-contract
Further reading
Delicts
Introduction
Wrongful damage to property
Theft and robbery
Insulting behaviour
Praetorian delicts
Animals
Quasi-delict
Further reading
Roman Law and the Modern World
Roman Law and the European ius commune
The legacy of Justinian's codification in the Dark Ages
The second life of Roman law
Roman law in England
Further reading
Bibliography

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