By George Mousourakis
This e-book equips either legal professional and historian with an entire heritage of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it used to be greatly utilized till the eighteenth century.
Combining a legislation specialist’s proficient point of view of criminal historical past with a socio-political and cultural concentration, it examines the resources of legislations, the ways that those legislation have been utilized and enforced, and the methods the legislations was once prompted and advanced, with an exploration of civil and felony systems and precise consciousness paid to criminal technological know-how. the ultimate bankruptcy covers the historical past of Roman legislation in overdue antiquity and appraises the flow in the direction of the codification of legislations that culminated within the ultimate assertion of Roman legislations: the Corpus Iuris Civilis of Emperor Justinian. through the ebook, George Mousourakis highlights the connection among Roman legislations and Roman lifestyles by way of following the traces of the foremost historic developments.
Including bibliographic references and arranged accessibly through old period, this ebook is a wonderful advent to the background of Roman legislations for college students of either legislations and historic heritage.
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Extra resources for A Legal History of Rome
Gaius describes it as generalis (of general application),9 since it applied to any case where no other action was provided by law. 10 The name of this legis actio derives from the fact that originally both litigant parties had to confirm the justification of their claim in the particular dispute under oath and before witnesses. 12 In a legis actio sacramento in rem the property in dispute (or a token of the object if it was immoveable) was presented before the magistrate and each party asserted ownership over it by performing certain symbolic gestures and pronouncing prescribed formal words.
This perspective emphasizes the irrational aspect of archaic decision-making. The traditional law of archaic Rome was termed ius Quiritium because Roman citizens were addressed by the name Quirites in the comitia. In later eras this law was referred to as ius civile or civil law: the legal order of the Roman citizenry (cives Romani). 10 Like most archaic peoples, the Romans observed 21 T H E M O N A R C H Y A N D E A R LY R E P U B L I C the personality of the laws principle, whereby each person lived by the law of their community.
But the Romans did not respond to the need for legal change by replacing the Law of the Twelve Tables with fresh legislation. As noted, the Romans were conservative and extremely careful in their approach to legal matters. They were attached with great tenacity to the Law of the Twelve Tables, which they considered as the foundation of their legal system. Although legislation introduced 27 T H E M O N A R C H Y A N D E A R LY R E P U B L I C some new rules, interpretation was the chief means of changing the law (especially in the field of private law).