The History of Law in Europe

The History of Law in Europe

Author: Bart Wauters

Publisher: Edward Elgar Publishing

Published: 2017-04-28

Total Pages: 293

ISBN-13: 1786430762

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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.


Roman Law

Roman Law

Author: A. Arthur Schiller

Publisher: Walter de Gruyter

Published: 2011-05-02

Total Pages: 645

ISBN-13: 311080719X

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Legal engagement

Legal engagement

Author: Collectif

Publisher: Publications de l’École française de Rome

Published: 2021-07-30

Total Pages: 546

ISBN-13: 2728314659

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The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.


A Companion to Western Legal Traditions

A Companion to Western Legal Traditions

Author:

Publisher: BRILL

Published: 2023-12-28

Total Pages: 556

ISBN-13: 9004687254

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This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.


A Short History of Roman Law

A Short History of Roman Law

Author: Olga Tellegen-Couperus

Publisher: Routledge

Published: 2002-11

Total Pages: 187

ISBN-13: 1134908016

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Roman law is one of the key legal systems from which modern European law is derived. In this book Dr Tellegen-Couperus discusses the way in which Roman jurists created and developed law, and the way in which Roman law has come down to us.


Treason in Roman and Germanic Law

Treason in Roman and Germanic Law

Author: Floyd Seyward Lear

Publisher: University of Texas Press

Published: 2013-09-24

Total Pages: 320

ISBN-13: 029275910X

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"Treason" is a word with many connotations, a word applied to a host of varied offenses throughout the history of humanity. These essays by Floyd Seyward Lear analyze the development of the political theory of treason from its beginning in Roman Law to its transformation in the Germanic custom of the early Middle Ages. The author has presented treason as a political idea, possessing historical continuity, though varying from age to age as it follows the evolution of political authority itself. These studies trace the shifting emphasis in crimes against the state from acts directed against a central absolutist authority to acts involving the personal relationship of a pledged troth and individual fealty. This is a shift from the concept of majesty in Roman law to the concept of fidelity in Germanic law with the corollary shift from allegiance as an act of deference to allegiance as a token of mutual fidelity. These ideas are examined chronologically across an interval extending from archaic Roman law to incipiently feudal forms, from which modern theories of treason, allegiance, and sovereignty derive. Contemporary concepts in these political areas can hardly be understood apart from their historical origins. Broadly considered, this work is intended as a contribution to intellectual history. Further, this collection represents the synthesis of material widely scattered in the primary sources and relevant secondary works. The two concluding bibliographical essays are intended as a general survey of the literature relevant to these studies in Roman and Germanic public law. Descriptive and interpretive works which deal with treason and its allied aspects of political and legal theory are not numerous in the English language.


Laws of the Alamans and Bavarians

Laws of the Alamans and Bavarians

Author: Theodore John Rivers

Publisher: University of Pennsylvania Press

Published: 2016-11-11

Total Pages: 220

ISBN-13: 1512805955

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The survival of Germanic law codes affords us invaluable insight into pre­feudal society. The inviolability of custom and the spontaneity of punishment so characteristic of primitive law served to perpetuate a rigid class structure in which the principal crimes were settled by a monetary recompense based on the victim 's social status. The codes reflect the principles of this culture. For example, the murderer of a freeman was required to pay one hundred and sixty solidi to the victim's family, but a slave's life required a payment of only twenty solidi to his owner. In the Introduction to the first English translation of these early medieval codes of law, the Lex Alamannorum and the Lex Baiuvariorum. Rivers provides a history of the Alamans and Bavarians from their migration into the provinces of the Roman Empire and their settlement in southern Germany to their final assimilation into the Carolingian Empire. He discusses the influence of economic conditions, the Church, and the judicial traditions of the Franks and other tribes upon them. His sensible rendering of texts that are nearly twelve centuries old remains as close as possible to the Latin, allowing the laws to speak for themselves. In addition to an introduction Rivers' translation is accompanied by extensive notes that supply historical and editorial information: a glossary of Germanic and Latin terms; a bibliography to the scholarship on the laws and to the literature on Germanic kingdoms in general, and an ample index.


Law and Revolution, the Formation of the Western Legal Tradition

Law and Revolution, the Formation of the Western Legal Tradition

Author: Harold J. Berman

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 674

ISBN-13: 9780674020856

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The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.