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The most famous and influential collection of legal materials in world history, now available for the first time in a two-volume English-language paperback edition.
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 2 [Books 16-29]Volume 3 [Books 30-40]Volume 4 [Books 41-50]
Originally published in 1903, this two-volume work contains an English translation of the first fifteen books of the Digest of Justinian, which formed one part of Roman civil law. Monro uses the Latin text edited by Theodor Mommsen, and translates Latin legal terms by using explanatory substitute words, not by giving the nearest approximation of the idea in English law. Volume Two contains the translation of Books Seven to Fifteen. This book will be of value to anyone with an interest in late Roman law or the history of law in Europe.
In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.
The Roman household (familia) was in many respects dramatically different from the modern family. From the early Roman Empire (30 B.C. to about A.D. 250) there survive many legal sources that describe Roman households, often in the most intimate detail. The subject matter of these ancient sources includes marriage and divorce, the property aspects of marriage, the pattern of authority within households, the transmission of property between generations, and the supervision of Roman orphans. This casebook presents 235 representative texts drawn largely from Roman legal sources, especially Justinian's Digest. These cases and the discussion questions that follow provide a good introduction to the basic legal problems associated with the ordinary families of Roman citizens. The arrangement of materials conveys to students an understanding of the basic rules of Roman family law while also providing them with the means to question these rules and explore the broader legal principles that underlie them. Included cases invite the reader to wrestle with actual Roman legal problems, as well as to think about Roman solutions in relation to modern law. In the process, the reader should gain confidence in handling fundamental forms of legal thinking, which have persisted virtually unchanged from Roman times until the present. This volume also contains a glossary of technical terms, biographies of the jurists, basic bibliographies of useful secondary literature, and a detailed introduction to the scholarly topics associated with Roman family law. A course based on this casebook should be of interest to anyone who wishes to understand better Roman social history, either as part of a larger Classical Civilization curriculum or as a preparation for law school.
Reprint of the original, first published in 1874.
Roman Inequality explores how in Rome in the first and second centuries CE a number of male and female slaves, and some free women, prospered in business amidst a population of generally impoverished free inhabitants and of impecunious enslaved residents. Edward E. Cohen focuses on two anomalies to which only minimal academic attention has been previously directed: (1) the paradox of a Roman economy dependent on enslaved entrepreneurs who functioned, and often achieved considerable personal affluence, within a legal system that supposedly deprived unfree persons of all legal capacity and human rights; (2) the incongruity of the importance and accomplishments of Roman businesswomen, both free and slave, successfully operating under legal rules that in many aspects discriminated against women, but in commercial matters were in principle gender-blind and in practice generated egalitarian juridical conditions that often trumped gender-discriminatory customs. This book also examines the casuistry through which Roman jurists created "legal fictions" facilitating a commercial reality utterly incompatible with the fundamental precepts--inherently discriminatory against women and slaves---that Roman legal experts ("jurisprudents") continued explicitly to insist upon. Moreover, slaves' acquisition of wealth was actually aided by a surprising preferential orientation of the legal system: Roman law--to modern Western eyes counter-intuitively--in reality privileged servile enterprise, to the detriment of free enterprise. Beyond its anticipated audience of economic historians and students and scholars of classical antiquity, especially of Roman history and law, Roman Inequality will appeal to all persons working on or interested in gender and liberation issues.