Roman Law and the Origins of the Civil Law Tradition

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history.

The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Strikes a good balance between Roman legal history and substantive Roman law, as well as between private law and criminal law Offers a comprehensive survey of Roman legal history from early antiquity to early modern times Includes a chapter on Byzantine Roman law a topic not usually covered in standard introductory texts of this kind Exposition is clear, well-structured and easy to read. The references in the text are accurate and helpful. At the end of the book there is an extensive bibliography for further reading on the topics discussed Achieves a perfect balance between sound scholarship and readability and can be read with profit by both advanced readers and novices Relates the evolution of law to parallel developments in social and political history, offering useful insights on relevant social, political and economic events

Contenu

1. The Historical and Constitutional Context of Roman Law: A Brief Overview.- 2. The Sources of Roman Law.- 3. The Private Law.- 4. Criminal Law and Criminal Justice.- 5. The Codification of Roman Law.- 6. Roman Law and Byzantine Imperial Legislation.- 7. The Survival and Resurgence of Roman Law in Western Europe.- 8. Codification and the Rise of Modern Civil Law.