Overview

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.

Full Product Details

Author:   John W. Cairns ,  Paul J. du Plessis
Publisher:   Edinburgh University Press
Imprint:   Edinburgh University Press
Dimensions:   Width: 15.60cm , Height: 2.40cm , Length: 23.40cm
Weight:   0.526kg
ISBN:  

9780748627936

ISBN 10:   0748627936
Pages:   208
Publication Date:   25 May 2007
Audience:   Adult education ,  Professional and scholarly ,  Further / Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

CONTENTS; Preface; List of Contributors; List of Abbreviations; DEBATES AND CONTEXTS; Introduction: Themes and Literature; J . Cairns and P J du Plessis; 1 Law and Society; A Watson; LAW AND EMPIRE; 2 Legal Pluralism and the Roman Empires; K Tuori; 3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert; E A Meyer; LAW CODES AND CODIFICATION; 4 Roman Law Codes and the Roman Legal Tradition; J Harries; 5 Diocletian and the Efficacy of Public Law; R Rees; DEATH, ECONOMICS AND SUCCESSION; 6 The Dutiful Legatee: Pliny, Letters V.1; A D E Lewis; 7 The Hereditability of Locatio Conductio; P J du Plessis; COMMERCE AND LAW; 8 Dealing with the Abyss: the Nature and Purpose of the Rhodian Sea-Law on Jettison (Lex Rhodia de Iactu, D 14.2) and the Making of Justinian's Digest; J-J Aubert; 9 Suing the Paterfamilias: Theory and Practice; D Johnston; PROCEDURE;; 10 Lawsuits in Context; E Metzger; 11 The Role of Delators; O F Robinson; Index.

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Author Information

John Cairns is Professor of Legal History at the University of Edinburgh. His main area of interest is the relationship between the legal profession, legal practice and legal theory in the eighteenth century, with a special emphasis on legal education. He is currently researching slavery and the law in eighteenth-century Scotland and completing a book on the general history of Scots law. Paul du Plessis is lecturer at the University of Edinburgh. His research interests include the historical development of the civilian tradition in mixed jurisdictions, the relationship between law and history as well as between law and society in a historical context. He has published on the law of letting and hiring in Roman law and the European ius commune.

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