Law and Power in the Making of the Roman Commonwealth


Book Description

"With a broad chronological sweep, this book provides an historical account of Roman law and legal institutions which explains how they were created and modified in relation to political developments and changes in power relations. It underlines the constant tension between two central aspects of Roman politics: the aristocratic nature of the system of government, and the drive for increased popular participation in decision-making and the exercise of power. The traditional balance of power underwent a radical transformation under Augustus, with new processes of integration and social mobility brought into play. Professor Capogrossi Colognesi brings into sharp relief the deeply political nature of the role of Roman juridical science as an expression of aristocratic politics and discusses the imperial jurists' fundamental contribution to the production of an outline theory of sovereignity and legality which would constitute, together with Justinian's gathering of Roman legal knowledge, the most substantial legacy of Rome"--




Law and Power in the Making of the Roman Commonwealth


Book Description

With a broad chronological sweep, this book provides an historical account of Roman law and legal institutions which explains how they were created and modified in relation to political developments and changes in power relations. It underlines the constant tension between two central aspects of Roman politics: the aristocratic nature of the system of government, and the drive for increased popular participation in decision-making and the exercise of power. The traditional balance of power underwent a radical transformation under Augustus, with new processes of integration and social mobility brought into play. Professor Capogrossi Colognesi brings into sharp relief the deeply political nature of the role of Roman juridical science as an expression of aristocratic politics and discusses the imperial jurists' fundamental contribution to the production of an outline theory of sovereignty and legality which would constitute, together with Justinian's gathering of Roman legal knowledge, the most substantial legacy of Rome.




Borkowski's Textbook on Roman Law


Book Description

Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.




Roman Law and Economics


Book Description

Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.




Roman Law in Context


Book Description

This extensively updated second edition considers how Roman law worked in practice, viewed in its social and economic context.




The Making of Modern Property


Book Description

In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.




Philosophical Foundations of International Criminal Law


Book Description

This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.




Law and Love in Ovid


Book Description

In classical scholarship, the presence of legal language in love poetry is commonly interpreted as absurd and incongruous. Ovid's legalisms have been described as frivolous, humorous, and ornamental. Law and Love in Ovid challenges this wide-spread, but ill-informed view. Legal discourse in Latin love poetry is not incidental, but fundamental. Inspired by recent work in the interdisciplinary field of law and literature, Ioannis Ziogas argues that the Roman elegiac poets point to love as the site of law's emergence. The Latin elegiac poets may say 'make love, not law', but in order to make love, they have to make law. Drawing on Agamben, Foucault, and Butler, Law and Love in Ovid explores the juridico-discursive nature of Ovid's love poetry, constructions of sovereignty, imperialism, authority, biopolitics, and the ways in which poetic diction has the force of law. The book is methodologically ambitious, combining legal theory with historically informed closed readings of numerous primary sources. Ziogas aims to restore Ovid to his rightful position in the history of legal humanism. The Roman poet draws on a long tradition that goes back to Hesiod and Solon, in which poetic justice is pitted against corrupt rulers. Ovid's amatory jurisprudence is examined vis-à-vis Paul's letter to the Romans. The juridical nature of Ovid's poetry lies at the heart of his reception in the Middle Ages, from Boccaccio's Decameron to Forcadel's Cupido iurisperitus. The current trend to simultaneously study and marginalize legal discourse in Ovid is a modern construction that Law and Love in Ovid aims to demolish.




Infamy


Book Description

Rome is an empire with a bad reputation. From its brutal games to its depraved emperors, its violent mobs to its ruthless wars, its name resounds down the centuries like a scream in an alley. But was it as bad as all that? Join the historian Jerry Toner on a detective's hunt to discover the extent of Rome's crimes. From the sexual peccadillos of Tiberius and Nero to the chances of getting burgled if you left your apartment unguarded (pretty high, especially if the walls were thin enough to knock through) he leaves no stone unturned in his quest to bring the Eternal City to book. Meet a gallery of villains, high and low. Discover the problems that most exercised its long-suffering citizens. Explore the temptations of excess and find out what desperation can make a pleb do. What do we see when we look at Rome? A hideous vision of ancient corruption - or a reflection of our own troubled age?




The Oxford Handbook of European Legal History


Book Description

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.