Law And Power In The Making Of The Roman Commonwealth

A wide-ranging 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 demonstrates the paramount importance of laws in securing political equilibrium, stability, the integration of conquered peoples and a long-lasting empire.

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.

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.

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.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

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.

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.

`However one defines Man, the same definition applies to us all. This is sufficient proof that there is no essential difference within mankind.' (Laws l.29-30) Cicero's The Republic is an impassioned plea for responsible governement written just before the civil war that ended the Roman Republic in a dialogue following Plato. Drawing on Greek political theory, the work embodies the mature reflections of a Roman ex-consul on the nature of political organization, on justice in society, and on the qualities needed in a statesman. Its sequel, The Laws, expounds the influential doctrine of Natural Law, which applies to all mankind, and sets out an ideal code for a reformed Roman Republic, already half in the realm of utopia. This is the first complete English translation of both works for over sixty years and features a lucid Introduction, a Table of Dates, notes on the Roman constitution, and an Index of Names.

The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire? This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.

Cultures of Voting in Pre-modern Europe examines the norms and practices of collective decision-making across pre-modern European history, east and west, and their influence in shaping both intra- and inter-communal relationships. Bringing together the work of twenty specialist contributors, this volume offers a unique range of case studies from Ancient Greece to the eighteenth century, and explores voting in a range of different contexts with analysis that encompasses constitutional and ecclesiastical history, social and cultural history, the history of material culture and of political thought. Together the case-studies illustrate the influence of ancient models and ideas of voting on medieval and early modern collectivities and document the cultural and conceptual exchange between different spheres in which voting took place. Above all, they foreground voting as a crucial element of Europe’s common political heritage and raise questions about the contribution of pre-modern cultures of voting to modern political and institutional developments. Offering a wide chronological and geographical scope, Cultures of Voting in Pre-modern Europe is aimed at scholars and students of the history of voting and is a fascinating contribution to the key debates that surround voting today.