Inter Cives Necnon Peregrinos
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| Author | : Jan Hallebeek |
| Publisher | : V&R Unipress |
| Total Pages | : 856 |
| Release | : 2014-07-16 |
| Genre | : Science |
| ISBN | : 384700302X |
The contributions to this volume are concerned with the Roman law of antiquity in its broadest sense, covering both private and public law from the Roman Republic to the Byzantine era, including legal papyrology. They also examine the reception of Roman law in Western Europe and its colonies (specifically the Dutch East Indies) from the Middle Ages to the promulgation of the German Bürgerliche Gesetzbuch in 1900. They reflect the wide interests of Professor Boudewijn Sirks, whom the volume honours on the occasion of his retirement and whose work and career have transcended frontiers and nations.
| Author | : Paul J. du Plessis |
| Publisher | : Oxford University Press |
| Total Pages | : 753 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0198728689 |
Sumario: Front Matter - Part I Introduction - Part II Reading Roman Law - Part III The Constitutional Structure of the Roman State- Part IV Legal Professionals and Legal Culture - Part V Settling Disputes - Part VI Persons before the Law - Part VII Legal Relations - End Matter.
| Author | : Benjamin Spagnolo |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 251 |
| Release | : 2020-11-12 |
| Genre | : Law |
| ISBN | : 1509938966 |
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 | : Orazio Condorelli |
| Publisher | : Routledge |
| Total Pages | : 472 |
| Release | : 2020-07-02 |
| Genre | : History |
| ISBN | : 1000079198 |
Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.
| Author | : Carmen Angela Cvetković |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 374 |
| Release | : 2019-02-19 |
| Genre | : Religion |
| ISBN | : 3110553392 |
Recent studies on the development of early Christianity emphasize the fragmentation of the late ancient world while paying less attention to a distinctive feature of the Christianity of this time which is its inter-connectivity. Both local and trans-regional networks of interaction contributed to the expansion of Christianity in this age of fragmentation. This volume investigates a specific aspect of this inter-connectivity in the area of the Mediterranean by focusing on the formation and operation of episcopal networks. The rise of the bishop as a major figure of authority resulted in an increase in long-distance communication among church elites coming from different geographical areas and belonging to distinct ecclesiastical and theological traditions. Locally, the bishops in their roles as teachers, defenders of faith, patrons etc. were expected to interact with individuals of diverse social background who formed their congregations and with secular authorities. Consequently, this volume explores the nature and quality of various types of episcopal relationships in Late Antiquity attempting to understand how they were established, cultivated and put to use across cultural, linguistic, social and geographical boundaries.
| Author | : Sophie Turenne |
| Publisher | : Cambridge University Press |
| Total Pages | : 307 |
| Release | : 2023-05-11 |
| Genre | : Law |
| ISBN | : 1009246348 |
In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.
| Author | : Hendrik L. E. Verhagen |
| Publisher | : Oxford University Press |
| Total Pages | : 447 |
| Release | : 2022-09-15 |
| Genre | : |
| ISBN | : 0199695830 |
There are no legal institutions other than pignus and hypotheca (i.e. mortgage) where the formative effect of legal practice can be so clearly observed. Security and Credit in Roman Law outlines the legal history of these institutions in terms of an iterative relationship between transactional lawyers drafting legal transactions and Roman jurisprudence deploying its analytical skills in order to accommodate new transactional practices into the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal charges: even these weaknesses did not undermine the effectiveness of secured transactions.
| Author | : Martin Schermaier |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 318 |
| Release | : 2023-03-06 |
| Genre | : History |
| ISBN | : 3110987198 |
Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social differences, and if so, in what shape? Were exceptions created only in individual cases, or did the legal system generate privileges for particular groups of slaves? Did it reinforce and even promote social differentiation? All papers probe neuralgic points that are apt to challenge the homogeneous image of Roman slave law. They show that this law was a good deal more colourful than historical research has so far assumed. The authors' primary concern is to make this legal diversity accessible to historical scholarship.
| Author | : Paul J. du Plessis |
| Publisher | : Edinburgh University Press |
| Total Pages | : 283 |
| Release | : 2018-05-15 |
| Genre | : Law |
| ISBN | : 1474434479 |
Explores hieroglyphs as a metaphor for the relationship between new media and writing in British modernism.
| Author | : Anthony Kaldellis |
| Publisher | : Harvard University Press |
| Total Pages | : 393 |
| Release | : 2019-04-01 |
| Genre | : History |
| ISBN | : 0674239695 |
A leading historian argues that in the empire we know as Byzantium, the Greek-speaking population was actually Roman, and scholars have deliberately mislabeled their ethnicity for the past two centuries for political reasons. Was there ever such a thing as Byzantium? Certainly no emperor ever called himself “Byzantine.” And while the identities of minorities in the eastern empire are clear—contemporaries speak of Slavs, Bulgarians, Armenians, Jews, and Muslims—that of the ruling majority remains obscured behind a name made up by later generations. Historical evidence tells us unequivocally that Byzantium’s ethnic majority, no less than the ruler of Constantinople, would have identified as Roman. It was an identity so strong in the eastern empire that even the conquering Ottomans would eventually adopt it. But Western scholarship has a long tradition of denying the Romanness of Byzantium. In Romanland, Anthony Kaldellis investigates why and argues that it is time for the Romanness of these so-called Byzantines to be taken seriously. In the Middle Ages, he explains, people of the eastern empire were labeled “Greeks,” and by the nineteenth century they were shorn of their distorted Greekness and became “Byzantine.” Only when we understand that the Greek-speaking population of Byzantium was actually Roman will we fully appreciate the nature of Roman ethnic identity. We will also better understand the processes of assimilation that led to the absorption of foreign and minority groups into the dominant ethnic group, the Romans who presided over the vast multiethnic empire of the east.
