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Including the Twelve Tables, the Institutes of Gaius, the Rules of Ulpian, the Opinions of Paulus, the Enactments of Justinian, and the Constitutions of Leo
Author: Samuel Parsons Scott
Publisher: The Lawbook Exchange, Ltd.
Scott, S.P. The Civil Law Including the Twelve Tables, The Institutes of Gaius, The Rules of Ulpian, the Opinions of Paulus, The Enactments of Justinian, and the Constitutions of Leo: Translated from the Original Latin, Edited, and Compared With All Accessible Systems of Jurisprudence Ancient and Modern. In Seventeen Volumes. In Seven Books. Cincinnati: The Central Trust Company, 1932. Seven volumes. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-065549. ISBN 1-58477-130-5. Cloth. $895. * Comprehensive translation of numerous sources of Roman law, from the original Latin. Notable for its inclusion of the only complete English translation of the entire Corpus Iuris Civilis. An invaluable source of primary materials for the student of Canon law, Roman law or jurisprudence. Volume One contains: Twelve Tables Institutes of Gaius Rules of Ulpian Opinions of Paulus Enactments of Justinian Volume Two contains: Enactments of Justinian Digest or Pandects Books III-XVII Volume Three contains: Enactments of Justinian Digest or Pandects Books XVIII-XXIX Volume Four contains: Enactments of Justinian Digest or Pandects Books XXIX-XXXIX Volume Five contains: Enactments of Justinian Digest or Pandects Books XXXIX-L Volume Six contains: Enactments of Justinian The Code Books I-IX Volume Seven contains: Enactments of Justinian The Code Books IX-XII The Novels Constitutions of Leo General Index
Including the Twelve Tables, the Institutes of Gaius, the Rules of Ulpian & the Opinions of Paulus
Author: Samuel P. Scott
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.
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
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.
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.
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.
The Code of Hammurabi is one of the earliest and most complete written legal codes of law. This is volume 2 in the series of 150 volumes entitled " The Trail to Liberty. " It was written in 1754 B.C. by The Babylonian King Hammurabi. King Hammurabi's Code was carved onto a massive, finger-shaped black stone stele (pillar) that was looted by invaders and finally rediscovered in 1901. The code is inscribed in the Akkadian language, using cuneiform script carved into the stele. It is considered one of the first documents that codified or formed a foundation of what would become known as civil and criminal law, especially in the West. The following is a partial list (20 of 150) of books in this series on the development of constitutional law. The Code of Hammurabi was a Mesopotamian legal code that laid a foundation for later Hebraic and European law. 1. Laws of the town Eshnunna (ca. 1800 BC), the laws of King Lipit-Ishtar of Isin (ca. 1930 BC), and Old Babylonian copies (ca. 1900-1700 BC) of the Ur-Nammu law code 2. Code of Hammurabi ( 1760 BCE) - Early Mesopotamian legal code laid basis for later Hebraic and European law. 3. Ancient Greek and Latin Library - Selected works on ancient history, customs and laws. 4. The Civil Law, tr. & ed. Samuel Parsons Scott (1932) - Includes the classics of ancient Roman law: the Law of the Twelve Tables (450 BCE), the Institutes of Gaius (180), the Rules of Ulpian (222), the Opinions of Paulus (224), the Corpus Juris Civilis of Justinian (533), which codified Roman Law, and the Constitutions of Leo. 5. "Constitution" of Medina (Dustur al-Madinah), Mohammed (622) - Not so much a constitution as a treaty which united Muslims, Jews, Christians and pagans, in the city-state of Medina, that exhibits some principles of constitutional design. 6. Policraticus, John of Salisbury (1159), various translations - Argued that citizens have the right to depose and kill tyrannical rulers. 7. Constitutions of Clarendon (1164) - Established rights of laymen and the church in England. 8. Assize of Clarendon (1166) - Defined rights and duties of courts and people in criminal cases. 9. Assize of Arms (1181) - Defined rights and duties of people and militias. 10. Magna Carta (1215) - Established the principle that no one, not even the king or a lawmaker, is above the law. 11. Britton, (written 1290, printed 1530) - Abridged, updated, more readable, and more widely used codification based on Bracton, originally in the French of the English court, reflecting changes in the law, including changes in juries. 12. Confirmatio Cartarum (1297) - United Magna Carta to the common law by declaring that the Magna Carta could be pled in court. 13. The Declaration of Arbroath (1320) - Scotland's declaration of independence from England. 14. The Prince, Niccolò Machiavelli (1513) - Practical advice on governance and statecraft, with thoughts on the kinds of problems any government must be able to solve to endure. 15. Utopia, Thomas More (1516) - Satirical analysis of shortcomings of his society and a vision of what could be. 16. Discourses on Livy, Niccolò Machiavelli (1517 tr. Henry Neville 1675) - Argues for the ideal form of government being a republic based on popular consent, defended by militia. 17. Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) - Includes De Indis and De iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided the basis for the law of nations doctrine. 18. Discourse on Voluntary Servitude, Étienne De La Boétie (1548, tr.) - People are ultimately responsible for their servitude, and non-violent resistance can win their freedom. 19. De Republica Anglorum, Thomas Smith (1565, 1583) - describes the constitution of England under Elizabeth I, that indicates tendencies toward republican ideals. 20. Vindiciae Contra Tyrannos (Defense of Liberty Against Tyrants), "Junius Brutus" (Orig. Fr. 1581, Eng. tr. 1622, 1689).
"This work has two aims : to represent and exhibit the better Literature of History in the English language, and to give it an organized body--a system--adapted to the greatest convenience in any use, whether for reference, or for reading, for teacher, student, or casual inquirer."--v. 1, Preface.