Paul J du Plessis - Böcker

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.

Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations.The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time.The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include:* Self-test questions on the key topics of Roman law give students the opportunity to test learning. These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook.* Revision sheets and sample essay questions aid exam preparation.* An interactive timeline supplements the list of dates featured in the introduction to the textbook. It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch). The timeline provides a chronological overview of the development of Roman private law in its political and historical context.* Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law).* There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.

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.

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960’s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and growth of a conceptual approach to the study of law.

Since the mid-1960s, a new academic movement has advocated a context-based, law and society approach to the study of Roman law instead of the prevailing dogmatic methodology. Scholars who work on the subject are increasingly being asked to see Roman law as a body of law which operated in a specific social, economic and cultural context. This interdisciplinary collection focuses on three larger themes which have emerged from these studies: Roman legal thought, the interaction between legal theory and legal practice and the relationship between law and economics.

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960’s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.

The traditional grand narratives of European legal history have begun to be questioned, to the extent that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume interrogates the orthodox views regarding legal humanism and its legacy. Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, these 14 essays bring together the foremost international experts in related fields of legal and intellectual history to debate the central issues.

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and growth of a conceptual approach to the study of law.

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic – a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. Contributors: Benedikt Forschner • Catherine Steel • Christine Lehne-Gstreinthaler • Jan Willem Tellegen • Jennifer Hilder • Jill Harries • Matthijs Wibier • Michael C. Alexander • Olga Tellegen-Couperus • Philip Thomas • Saskia T. Roselaar • Yasmina Benferhat.

A fundamental re-assessment of Cicero's place in Roman law This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. ContributorsBenedikt Forschner Catherine Steel Christine Lehne-Gstreinthaler Jan Willem Tellegen Jennifer Hilder Jill Harries Matthijs Wibier Michael C. Alexander Olga Tellegen-Couperus Philip Thomas Saskia T. Roselaar Yasmina Benferhat

A new assessment of the importance of the lex Aquilia (wrongful damage to property) on Roman law in BritainFew topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.Taken collectively, the volume establishes whether it is possible to identify a 'British' method of researching and writing about Roman law.Key FeaturesLooks at the unique relationship between the lex Aquilia and British legal scholarship and legal historyExplores the importance of the teaching of the lex Aquilia at various old British universitiesAppraises W.W. Buckland's legacy: his prolific scholarly output and his impact on his students, most notably David Daube, and their significan contributions to the study of Roman law and the lex Aquilia in the UK

Bringing together a team of international experts from different subject areas – including law, history, archaeology and anthropology – this book re-evaluates the traditional narratives surrounding the origins of Roman law before the enactment of the Twelve Tables. Much is now known about the archaic period, relevant evidence from later periods continues to emerge and new methodologies bring the promise of interpretive inroads. This book explores whether, in light of recent developments in these fields, the earliest history of Roman law should be reconsidered. Drawing on the critical axioms of contemporary sociological and anthropological theory, the contributors yield new insights and offer new perspectives on Rome’s early legal history. In doing so, they seek to revise our understanding of Roman legal history as well as to enrich our appreciation of its culture as a whole.

Bringing together a team of international experts from different subject areas including law, history, archaeology and anthropology this book re-evaluates the traditional narratives surrounding the origins of Roman law before the enactment of the Twelve Tables. Much is now known about the archaic period, relevant evidence from later periods continues to emerge and new methodologies bring the promise of interpretive inroads. This book explores whether, in light of recent developments in these fields, the earliest history of Roman law should be reconsidered. Drawing upon the critical axioms of contemporary sociological and anthropological theory, the contributors yield new insights and offer new perspectives on Rome's early legal history. In doing so, they seek to revise our understanding of Roman legal history as well as to enrich our appreciation of its culture as a whole.