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The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire? This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
Roman litigation has long been a difficult subject for study, hampered by a lack of information concerning the practical operation of the civil courts. Using newly discovered evidence, Metzger presents an interpretation of how civil trials in Classical Rome were commenced and brought to judgement.
The first reliable annotated English translation, with original texts, of one of the central sources of the Western legal tradition.
The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
Using a division between substantive and formal law as the key element for understanding the applicable law in papyri, this study offers a new understanding of the distinct parts Roman and local law played in the legal reality of second-century Arabia.
The discovery of the Babatha archive provided scholars with unique opportunities for reconstructing the life of Jews in second-century Arabia. Although legal issues and especially the question of the relationship between Roman and local law have received attention in a number of publications, this study presents the first complete overview of the legal situation as presented in the Babatha as well as the Salome Komaise archive, using references to law in the documents' texts as the key element for understanding what law is applicable to these documents. By distinguishing between two levels in the papyri, of substantive and of formal law, a new understanding is reached of the part both Roman and local law played in legal reality.
The late Middle Ages saw the emergence of professional jurists as a new functionary elite. The study approaches this phenomenon by focusing on a singular individual: Dietrich von Bocksdorf, Professor of Canon Law in Leipzig, learned counselor to the elector of Saxony, bishop of Naumburg. The book thereby breaks new ground. It offers not only a biography, but explores large and previously unused and largely unknown collections of more than 500 papers from the legal practice, written by the Leipzig Ordinarius. Based on this unique material the book examines for the first time spheres of influence, circles of clients and occupational fields of an individual late medieval german jurist. Legal opinions (“consilia”) and pleadings, but as well working tools for the emerging learned practice of “Common Saxon Law” made by Dietrich von Bocksdorf, provide deep insights into the beginnings of the epochal change from the traditional-archaic jurisdiction of the Middle Ages to the scholarly and written practice of law in the early modern world.