基本説明
New in paperback. Hardcover was published in 1994. A general editorial introduction complements a series of more detailed essays exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
Full Description
In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman Law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era. The revival of its study in the medieval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the World colonized from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonization and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought.
Contents
List of contributors; Foreword Peter Stein; List of abbreviations; 1. The Roman law tradition David Ibbetson and Andrew Lewis; 2. Labeo and the fraudulent slave Alan Rodger; 3. Doing and causing to be done Peter Birks; 4. The danger of definition: contrectatio and appropriation David Ibbetson; 5. Going to the fair - Jacques de Révigny on possession William M. Gordon; 6. Bembo giureconsulto? Michael H. Crawford; 7. Gentilis and the interpretatio duplex J. L. Barton; 8. Ius gentium in the practice of the Court of Admiralty around 1600 Alain Wijffels; 9. Stair's title 'Of Liberty and Servitude' John D. Ford; 10. The actio communi dividundo in Roman and Scots law Geoffrey MacCormack; 11. Sale and transfer of title in Roman and Scots Law David Johnston; 11. 'What Marcellus says is against you': Roman law and Common law Andrew Lewis; 12. Audi et alteram partem: a limit to judicial activity Daan Asser; Index of sources; Index of names and subjects.
