By Olga Tellegen-Couperus
Crucial production of the Romans was once their legislations. during this e-book, Dr Tellegen-Couperus discusses the way the Roman jurists created and constructed legislation and how during which Roman legislations has come right down to us. designated cognizance is given to questions comparable to `who have been the jurists and their legislations colleges' and to the shut connection among jurists and the politics in their time.
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Extra resources for A short history of Roman law
To achieve this goal, state-owned land would have to be given to the poor. By this time most of the state-owned land had fallen into the hands of the large landowners who for the most part regarded it as their own property. Tiberius Gracchus proposed to re-introduce the norms that had been laid down in an earlier law (which had fallen into disuse) concerning the size of the state-owned piece of land that a citizen could occupy and the number of animals he could graze on that land. If citizens had more than the permitted amount of land, the extra would have to be divided into small sections and allocated to other persons who had no land.
The purpose of codification was not, as one might think, to achieve complete equality in law for patricians and plebeians; the first step in that direction was the lifting of the ban on marriage between the two orders in 445 BC. It was not until 367 BC that plebeians could be elected as consuls. The original text of the XII Tables has not been preserved. 3 They were probably destroyed when Rome was set on fire by the Celts in 387 BC. Our knowledge of the contents is based on various juridical and literary sources, the oldest of which date from the late republic.
12–29) that at the time of the XII Tables there were four different models for legis actiones and that later a fifth one was added; three legis actiones could be used to open a lawsuit and two could be used to enforce the execution of a verdict. Within these models various claims could be formulated, but only using prescribed phraseology. From the example that Gaius gives in his Institutes we see how strict this formalism was. According to Gaius a man had once instituted a legis actio against another man who had chopped down his vines.