By George Mousourakis
This publication equips either legal professional and historian with a whole heritage of Roman legislation, from its beginnings c.1000 BC via to its re-discovery in Europe the place it used to be extensively utilized until eventually the eighteenth century.
Combining a legislations specialist’s educated standpoint of criminal historical past with a socio-political and cultural concentration, it examines the assets of legislations, the ways that those legislation have been utilized and enforced, and the methods the legislation used to be encouraged and stepped forward, with an exploration of civil and legal systems and targeted recognition paid to felony technology. the ultimate bankruptcy covers the heritage of Roman legislations in overdue antiquity and appraises the circulation in the direction of the codification of legislation that culminated within the ultimate assertion of Roman legislation: the Corpus Iuris Civilis of Emperor Justinian. during the booklet, George Mousourakis highlights the connection among Roman legislation and Roman lifestyles by way of following the strains of the foremost historic developments.
Including bibliographic references and arranged accessibly via old period, this booklet is a superb creation to the background of Roman legislation for college kids of either legislations and historic heritage.
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Extra info for A Legal History of Rome
12 From an early period, communities affiliated with Rome were granted limited rights under the Roman ius civile. 14 Initially, foreigners living in Rome had no rights under Roman law. The Roman ius civile emanated from several sources: custom, legislation, administration of justice and constructive interpretation of existing rules by the jurists. Customary law and the laws of the kings The formation of the Roman city-state probably derived from a gradual process whereby several neighbouring clans (gentes) coalesced to form a larger political entity under a common head, the king (rex).
As noted, the Romans were conservative and extremely careful in their approach to legal matters. They were attached with great tenacity to the Law of the Twelve Tables, which they considered as the foundation of their legal system. Although legislation introduced 27 T H E M O N A R C H Y A N D E A R LY R E P U B L I C some new rules, interpretation was the chief means of changing the law (especially in the field of private law). Through skilful interpretation of the provisions of the Twelve Tables and later statutes, the Roman jurists filled the gaps in the law and also succeeded in infusing the old rigid rules with new substance, thus adapting them to changed conditions.
31 In the second phase (apud iudicem) a private judge (iudex), appointed by both the pontiff or magistrate and the relevant parties, considered the evidence and decided the case within the frame set by the pontiff or magistrate. In the in iure phase of the proceedings the plaintiff had to couch his claim in set words, and the defendant also replied in set words – this formed the actual legis actio. If a party used the wrong legis actio or departed from the set form, his claim was rejected. 32 They could expand or restrict the scope of a legis actio by construing it broadly or narrowly as required by the relevant case.