Law Language And Empire In The Roman Tradition
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Author | : Clifford Ando |
Publisher | : University of Pennsylvania Press |
Total Pages | : 182 |
Release | : 2011-09-14 |
Genre | : History |
ISBN | : 0812204883 |
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Author | : Bart Wauters |
Publisher | : Edward Elgar Publishing |
Total Pages | : 293 |
Release | : 2017-04-28 |
Genre | : History |
ISBN | : 1786430762 |
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 | : Andrew M. Riggsby |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2010-06-14 |
Genre | : History |
ISBN | : 052168711X |
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Author | : Anonymous |
Publisher | : Good Press |
Total Pages | : 48 |
Release | : 2019-12-05 |
Genre | : Law |
ISBN | : |
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 | : Zachary Chitwood |
Publisher | : Cambridge University Press |
Total Pages | : 249 |
Release | : 2017-02-27 |
Genre | : History |
ISBN | : 1107182565 |
An accessible and innovative introductory study of Byzantine law in its wider societal context under the Macedonian dynasty.
Author | : George Mousourakis |
Publisher | : Springer |
Total Pages | : 339 |
Release | : 2014-12-02 |
Genre | : Law |
ISBN | : 3319122681 |
This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Author | : Elizabeth A. Meyer |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2004-02-12 |
Genre | : History |
ISBN | : 1139449117 |
Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.
Author | : Clifford Ando |
Publisher | : Edinburgh University Press |
Total Pages | : 272 |
Release | : 2012-06-20 |
Genre | : History |
ISBN | : 0748629203 |
The Roman empire during the period framed by the accession of Septimus Severus in 193 and the rise of Diocletian in 284 has conventionally been regarded as one of 'crisis'. Between 235 and 284, at least eighteen men held the throne of the empire, for an average of less than three years, a reckoning which does not take into account all the relatives and lieutenants with whom those men shared power. Compared to the century between the accession of Nerva and the death of Commodus, this appears to be a period of near unintelligibility. The middle of the century also witnessed catastrophic, if temporary, ruptures in the territorial integrity of the empire. At slightly different times, large portions of the eastern and western halves of the empire passed under the control of powers and principalities who assumed the mantle of Roman government and exercised meaningful and legitimate juridical, political and military power over millions. The success and longevity of those political formations reflected local responses to the collapse of Roman governmental power in the face of extraordinary pressure on its borders. Even those regions that remained Roman were subjected to depredation and pillage by invading armies. The Roman peace, which had become in the last instance the justification for empire, had been shattered. In this pioneering history Clifford Ando describes and integrates the contrasting histories of different parts of the empire and assesses the impacts of administrative, political and religious change.
Author | : Gwynn Kessler |
Publisher | : John Wiley & Sons |
Total Pages | : 564 |
Release | : 2020-03-26 |
Genre | : History |
ISBN | : 1119113652 |
An innovative approach to the study of ten centuries of Jewish culture and history A Companion to Late Ancient Jews and Judaism explores the Jewish people, their communities, and various manifestations of their religious and cultural expressions from the third century BCE to the seventh century CE. Presenting a collection of 30 original essays written by noted scholars in the field, this companion provides an expansive examination of ancient Jewish life, identity, gender, sacred and domestic spaces, literature, language, and theological questions throughout late ancient Jewish history and historiography. Editors Gwynn Kessler and Naomi Koltun-Fromm situate the volume within Late Antiquity, enabling readers to rethink traditional chronological, geographic, and political boundaries. The Companion incorporates a broad methodology, drawing from social history, material history and culture, and literary studies to consider the diverse forms and facets of Jews and Judaism within multiple contexts of place, culture, and history. Divided into five parts, thematically-organized essays discuss topics including the spaces where Jews lived, worked, and worshiped, Jewish languages and literatures, ethnicities and identities, and questions about gender and the body central to Jewish culture and Judaism. Offering original scholarship and fresh insights on late ancient Jewish history and culture, this unique volume: Offers a one-volume exploration of “second temple,” “Greco-Roman,” and “rabbinic” periods and sources Explores Jewish life across most of the geographic places where Jews or Judaeans were known to have lived Features original maps of areas cited in every essay, including maps of Jewish settlement throughout Late Antiquity Includes an outline of major historical events, further readings, and full references A Companion to Late Ancient Jews and Judaism: 3rd Century BCE - 7th Century CE is a valuable resource for students, instructors, and scholars of Jewish studies, religion, literature, and ethnic identity, as well as general readers with interest in Jewish history, world religions, Classics, and Late Antiquity.
Author | : Jens Meierhenrich |
Publisher | : Cambridge University Press |
Total Pages | : 715 |
Release | : 2021-08-12 |
Genre | : History |
ISBN | : 1316512134 |
Introduces students, scholars, and practitioners to the theory and history of the rule of law.