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"Business Managers in Ancient Rome deals with the law of indirect agency in the classical period and explores the technical aspects and historical development of a set of praetorian remedies (actiones adiecticiae qualitatis), their role in the economy and their incidence on the society." "By bringing together various kinds of evidence (legal, literary, epigraphical, archaeological, numismatic, comparative, and accessorily, papyrological), this study attempts to sketch the social and economic history of an important chapter of the Roman law of obligations."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
In the first century BC lending and borrowing by the senators was the talk of Rome and even provoked political crises. During this same period, the state tax-farmers were handling enormous sums and exploiting the provinces of the Empire. Until now no book has presented a synthetic view of Roman banking and financial life as a whole, from the time of the appearance of the first bankers' shops in the Forum between 318 and 310 BC down to the end of the Principate in AD 284. Professor Andreau writes of the business deals of the elite and the professional bankers and also of the interventions of the state. To what extent did the spirit of profit and enterprise predominate over the traditional values of the city of Rome? And what economic role did these financiers play? How should we compare that role to that of their counterparts in later periods.
The economic analysis of Roman law has enormous potential to illuminate the origins of Roman legal institutions in response to changes in the economic activities that they regulated. These two volumes combine approaches from legal history and economic history with methods borrowed from economics to offer a new interdisciplinary approach.
A crucial step in economic development is the depersonalization of business, which enables an enterprise to operate as a separate entity from its owners and managers. Until the emergence of a de iure depersonalization of business in the 19th century, business activities were eminently personal, with managing partners bearing unlimited liability. Roman law even restricted agency. Yet, the Roman legal system developed a form of de facto depersonalized business entity, where depersonalization was achieved by making the fulcrum of the business a non-person: the slave. Although radically different from a legal perspective, this format exhibited all the distinctive features of modern corporations, thereby providing for a functional equivalent of the modern corporate form. The development of the de iure format was hindered by strong cultural, technological and institutional constraints. In contrast, slave-run businesses exhibited features that were largely compatible with these constraints and emerged along the path of least resistance to legal change. The end of slavery and the fall of the Roman Empire closed off this alternative path of legal evolution; consequently, the modern corporate form could only appear once these constraints had been overcome.
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.
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