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This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.
This book provides a comprehensive analysis of the international law and customs of ancient Greece and Rome, offering an invaluable resource for scholars and students of classical history. Featuring detailed and authoritative analysis of the legal and political structures of both societies, it offers a fascinating insight into the origins of modern international law and the evolution of legal and political thought. 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 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. 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.
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.