Including the Twelve Tables, the Institutes of Gaius, the Rules of Ulpian & the Opinions of Paulus
Author: Samuel P. Scott,Roy A. Sites
Description: The Laws of the Twelve Tables; The Institutes of Gaius; Fragments of the Rules of Ulpian; and The Opinions of Paulus Synopsis: This edition of ROMAN CIVIL LAW, derived from S.P. Scott's monumental 17 volume work, THE CIVIL LAW (Central Trust Co., 1932) is a compilation of Roman laws spanning eight centuries beginning with the earliest organized body of laws known to the Romans, THE TWELVE TABLES (449 B.C.), and concluding with the surviving works of three of the five most important jurists of the second and third centuries A.D., GAIUS, ULPIAN and PAULUS. The Laws of the Twelve Tables formed the centerpiece of the constitution of the Roman Republic and the core of the mos maiorum. The Twelve Tables were literally drawn up on twelve ivory or brass tablets which were posted in the Forum Romanum so that all Romans could read and know them. They did not survive antiquity. What we have of them today are brief excerpts and quotations in other authors. Gaius (floruit AD 130-180) was a celebrated Roman jurist during the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His INSTITUTES are a complete exposition of the elements of ancient Roman law and for this reason are most valuable to the historian of early institutions. Domitius Ulpianus (died 228), a Roman jurist of Tyrian ancestry wrote in the period between AD 211 and 222. FRAGMENTS of his works survive. As an author he is characterized by doctrinal exposition of a high order, judiciousness of criticism, and lucidity of arrangement, style and language. Julius Paulus (second century AD), also known as Paulus or Paul, was an influential Roman jurist whose OPINIONS feature prominently in Justinian's DIGEST. The Emperor Valentinian II (371-392), a Western Roman Emperor between the years 375-392, names Paulus in the Law of Citations, along with Gaius, Papinian, Ulpian and Modestinus, as one of only five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became the most important reference point for all subsequent legal decisions and profoundly affected the course of European and American law from antiquity to the present. This edition includes S.P. Scott's complete introduction to his 17 volume work, THE CIVIL LAW, all of his critical notes and a lengthy index. THIS IS NOT A HASTILY ASSEMBLED SCAN OR "FACSIMILE EDITION" OF THIS WORK. EVERY LETTER AND WORD OF THE ORIGINAL HAS BEEN RESET AND CAREFULLY PROOFED FOR ACCURACY.
Author: Alexandre SaydÃ©
Publisher: Bloomsbury Publishing
How can the concept of abuse of European Union law ? which can be defined as undesirable choice of law artificially made by a private citizen ? generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Author: James Davis
Publisher: Bloomsbury Publishing
In Matthew 5:38-42, Jesus overrides the Old Testament teaching of 'an eye for eye and a tooth for a tooth' - the Lex Talionis law - and commands his disciples to turn the other cheek. James Davis asks how Jesus' teaching in this instance relates to the Old Testament talionic commands, how it relates to New Testament era Judaism and what Jesus required from his disciples and the church. Based on the Old Testament texts such as Leviticus 24, Exodus 22 and Deuteronomy 19, a strong case can be made that the Lex Talionis law was understood to have a literal application there are several texts that text of Leviticus 24 provides the strongest case that a literal and judicial application. However, by the second century AD and later, Jewish rabbinic leadership was essentially unified that the OT did not require a literal talion, but that financial penalties could be substituted in court matters. Yet there is evidence from Philo, Rabbi Eliezer and Josephus that in the first century AD the application of literal talion in judicial matters was a major and viable Jewish viewpoint at the time of Jesus. Jesus instruction represents a different perspective from the OT lex talionis texts and also, possibly, from the Judaism of his time. Jesus commands the general principle of not retaliation against the evil person and intended this teaching to be concretely applied, as borne out in his own life. JSNTS
With Selected Annotations
Author: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
Author: Naphtali Lewis,Meyer Reinhold
Publisher: Columbia University Press
These volumes consist of selected primary documents from Ancient Rome, covering a range of over 1,000 years of Roman culture, from the foundation of the city to its sacking by the Goths.The selections cover a broad spectrum of Roman civilization, including literature, philosophy, religion, education, politics, military affairs, and economics.
Author: Gaius,J. Graham Trapnell
Publisher: Wentworth Press
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: George Mousourakis
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: Bart Wauters,Marco de Benito
Publisher: Edward Elgar Publishing
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.
An Historical Introduction
Author: Hans Julius Wolff
Publisher: University of Oklahoma Press
Category: Political Science
One of the great and lasting influences on the course of Western culture, Roman law occupies a unique place in the history of the civilized world. Originally the law of a small rural community, then of a powerful city-state, it became the law of an empire which embraced almost all of the known civilized world. The influence of Roman law extends into modern times and is reflected in the great codifications of private law that have come into existence in Europe, America, and Asia. Even now, Roman law in modified form is the law of the land in Scotland, and the civil code of Louisiana is directly based on Roman law. Forming an important part in the historical and intellectual background of understanding and a basis for further development of the principles of international jurisprudence. In this book an international authority on Roman legal history sets forth in clear, understandable English the institutions of Roman law and traces their development through the Byzantine Empire into medieval and modern Europe. It is an indispensable study for every American lawyer and for anyone interesting in legal and political history.
Author: Justinian I
Publisher: Lulu Press, Inc
The Corpus Juris Civilis or the Body of Civil Law was Complied from 529 to 534 by order of Justinian I; thus, it is sometimes referred to as the Code of Justinian. It however contains the body Roman law previous to the reign of Justinian. This compilation, translated by S.P. Scott into English, and formatted into Three volumes, contains: The Twelve Tables, The Institutes of Gaius, The Rules of Ulpian, The Opinions of Paulus, The Enactments of Justinian, and The Constitutions of Leo
Ancient and Modern
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
McIlwain, Charles Howard. Constitutionalism: Ancient and Modern. Ithaca: Cornell University Press, 1940. ix, 162 pp. Reprint available June 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75. * Upon publication The Law Quarterly Review praised this book, noting that "great learning is manifest in these pages" (cited in Marke). McIlwain [1871-1968] examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras. He concludes with a discussion of the forces of despotism that were threatening constitutionally based individual freedom in the 1930s. One of the twentieth century's most distinguished scholars of Anglo-American constitutional history, McIlwain was Eaton Professor of the Science of Government in Harvard University and the author of The High Court of Parliament and Its Supremacy (1910) and The American Revolution: A Constitutional Interpretation (1924). Both of these are available as Lawbook Exchange reprints.
Publisher: Bristol Classical Press
Gaius was a Roman jurist of the 2nd century AD. His Institutes is an important legal textbook covering all the elements of Roman law. This volume contains a useful Introduction, English translation and the Latin text of Seckel and Kuebler. Its aim is to make the Institutes, one of the seminal works of Roman law, accessible to students with little or no Latin.
Theft, Rapine, Damage and Insult
Publisher: Penguin UK
Codified by Justinian I and published under his aegis in A.D. 533, this celebrated work of legal history forms a fascinating picture of ordinary life in Rome.
Author: Alan Watson
Publisher: University of Pennsylvania Press
When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 [Books 1-15] Volume 3 [Books 30-40] Volume 4 [Books 41-50]