Roman Law And Economics Exchange Ownership And Disputes
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| Author | : Giuseppe Dari-Mattiacci |
| Publisher | : Oxford University Press |
| Total Pages | : 458 |
| Release | : 2020-05-26 |
| Genre | : Law |
| ISBN | : 0191090999 |
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
| Author | : Giuseppe Dari-Mattiacci |
| Publisher | : |
| Total Pages | : 368 |
| Release | : 2020 |
| Genre | : Business & Economics |
| ISBN | : 0198787200 |
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
| Author | : Giuseppe Dari-Mattiacci |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2020-05-26 |
| Genre | : Law |
| ISBN | : 0191091006 |
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
| Author | : Giuseppe Dari-Mattiacci |
| Publisher | : Oxford University Press |
| Total Pages | : 368 |
| Release | : 2020-05-26 |
| Genre | : History |
| ISBN | : 0191090972 |
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 295 |
| Release | : 2022-09-26 |
| Genre | : History |
| ISBN | : 9004525130 |
Were legal systems in the Roman empire conducive to economic growth and development? Were legal rules and procedure changed in response to economic needs? This book offers detailed studies to provide some answers to these basic questions.
| 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 | : Marta García Morcillo |
| Publisher | : Taylor & Francis |
| Total Pages | : 303 |
| Release | : 2023-03-22 |
| Genre | : Business & Economics |
| ISBN | : 1000845540 |
As it is today, the property market was a key and dynamic economic sector in Ancient Rome. Its study demands a deep understanding of Roman society, of the normative frameworks and the notions of wealth, value, identity and status that shaped individual and collective mentalities. This book takes a multisided insight into real estate as the subject of short- and long-term economic investments, of speculative businesses ventures, of power abuses and inequalities, of social aspirations, but also of essential housing needs. The volume discusses thoroughly relevant and new literary, legal, epigraphic, papyrological and archaeological evidence, and incorporates comparative historical perspectives and methodologies, including economic theory and current, critical sociological debates about the functioning of modern real estate markets and issues linked to its commodification and regulation. In pursuing this line of enquiry, the contributions that make up the book investigate the impact of ideas such as profit, risk, security and trust in transfers, management and use of residential houses, commercial buildings and productive estates in urban and rural contexts. The work further evaluates the legal responses to and the public enforcement strategies concerning such activities, the high mobility of fortunes and unstable property-rights that resulted from one-off but also structural, political, financial, economic and institutional crises that marked the history of the Roman Republic and Principate. This book aims to demonstrate the relevance of the study of pre-modern real estate markets today, and will be of significant interest to readers of economic history as well as Roman law, Roman archaeology, the history of urbanism and social history.
| Author | : Sinclair W. Bell |
| Publisher | : Cambridge University Press |
| Total Pages | : 307 |
| Release | : 2024-05-31 |
| Genre | : History |
| ISBN | : 1009438557 |
How were freed people represented in the Roman world? This volume presents new research about the integration of freed persons into Roman society. It addresses the challenge of studying Roman freed persons on the basis of highly fragmentary sources whose contents have been fundamentally shaped by the forces of domination. Even though freed persons were defined through a common legal status and shared the experience of enslavement and manumission, many different interactions could derive from these commonalities in different periods and localities across the empire. Drawing on literary, epigraphic, and archaeological evidence, this book provides cases studies that test the various ways in which juridical categories and normative discourses shaped the social and cultural landscape in which freed people lived. By approaching the literary and epigraphic representations of freed persons in new ways, it nuances the impact of power asymmetries and social strategies on the cultural practices and lived experiences of freed persons.
| Author | : Edward E. Cohen |
| Publisher | : Oxford University Press |
| Total Pages | : 281 |
| Release | : 2023 |
| Genre | : Business & Economics |
| ISBN | : 0197687342 |
Roman Inequality explores how in Rome in the first and second centuries CE a number of male and female slaves, and some free women, prospered in business amidst a population of generally impoverished free inhabitants and of impecunious enslaved residents. Edward E. Cohen focuses on two anomalies to which only minimal academic attention has been previously directed: (1) the paradox of a Roman economy dependent on enslaved entrepreneurs who functioned, and often achieved considerable personal affluence, within a legal system that supposedly deprived unfree persons of all legal capacity and human rights; (2) the incongruity of the importance and accomplishments of Roman businesswomen, both free and slave, successfully operating under legal rules that in many aspects discriminated against women, but in commercial matters were in principle gender-blind and in practice generated egalitarian juridical conditions that often trumped gender-discriminatory customs. This book also examines the casuistry through which Roman jurists created "legal fictions" facilitating a commercial reality utterly incompatible with the fundamental precepts--inherently discriminatory against women and slaves---that Roman legal experts ("jurisprudents") continued explicitly to insist upon. Moreover, slaves' acquisition of wealth was actually aided by a surprising preferential orientation of the legal system: Roman law--to modern Western eyes counter-intuitively--in reality privileged servile enterprise, to the detriment of free enterprise. Beyond its anticipated audience of economic historians and students and scholars of classical antiquity, especially of Roman history and law, Roman Inequality will appeal to all persons working on or interested in gender and liberation issues.
| Author | : Ben Zion Rosenfeld |
| Publisher | : BRILL |
| Total Pages | : 268 |
| Release | : 2023-12-05 |
| Genre | : Religion |
| ISBN | : 9004681965 |
Credit is the oxygen of every society. In many cases we wonder why the rabbis prohibit certain business credit transactions considering them usury. The writer uses literary and epigraphic sources to decipher the rabbinic approach. This book shows how rabbinic legislation innovatively expand the Torah prohibition of usury in loans to all fields of credit. It is a pioneering inquiry regarding rabbinic literature compiled under Roman and Sasanid rule, helping to fill the void in research concerning credit. It also distinguishes various kinds of credit differentiating credit of money for money, or products, exposing the ramifications of the rabbinic legislation.
