In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
The study of Roman society and social relations blossomed in the 1970s. By now, we possess a very large literature on the individuals and groups that constituted the Roman community, and the various ways in which members of that community interacted. There simply is, however, no overview that takes into account the multifarious progress that has been made in the past thirty-odd years. The purpose of this handbook is twofold. On the one hand, it synthesizes what has heretofore been accomplished in this field. On the other hand, it attempts to configure the examination of Roman social relations in some new ways, and thereby indicates directions in which the discipline might now proceed. The book opens with a substantial general introduction that portrays the current state of the field, indicates some avenues for further study, and provides the background necessary for the following chapters. It lays out what is now known about the historical development of Roman society and the essential structures of that community. In a second introductory article, Clifford Ando explains the chronological parameters of the handbook. The main body of the book is divided into the following six sections: 1) Mechanisms of Socialization (primary education, rhetorical education, family, law), 2) Mechanisms of Communication and Interaction, 3) Communal Contexts for Social Interaction, 4) Modes of Interpersonal Relations (friendship, patronage, hospitality, dining, funerals, benefactions, honor), 5) Societies Within the Roman Community (collegia, cults, Judaism, Christianity, the army), and 6) Marginalized Persons (slaves, women, children, prostitutes, actors and gladiators, bandits). The result is a unique, up-to-date, and comprehensive survey of ancient Roman society.
This new book by an eminent legal scholar and author can be described in a number of ways: a work of reference; an essay in the study of style; a contribution to the prosopography of the late Roman quaestorship; and a reflection on the fall of the western (and on the survival of the eastern) Roman empire. Using an innovative method of analysis--already successfully employed in his acclaimed Emperors and Lawyers (OUP 1994)--the author examines the laws of a crucial phase of the later Roman empire (379-455 AD), a period during which the west collapsed while the east persisted. He allots the laws to their likely drafters and shows why the eastern Theodosian Code (429-438 AD), intended to restore the legal and administrative unity of the Roman empire, came too late to save the west. The book includes a Palingenesia--as stored on an accompanying floppy disk--allowing scholars to read the primary texts chronologically and judge the soundness of the arguments advanced.
This sourcebook fully exploits the rich legal material of the imperial period, explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.