The Roman Law Tradition

Author: A. D. E. Lewis; D. J. Ibbetson  

Publisher: Cambridge University Press‎

Publication year: 1994

E-ISBN: 9780511834059

P-ISBN(Paperback): 9780521441995

Subject: D904.1 law of slavery in the country

Keyword: 法制史

Language: ENG

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The Roman Law Tradition

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.

Chapter

2 Labeo and the fraudulent slave

Existing interpretations

Value and loss

The context

Information about accomplices

Information about the slave's frauds

3 Doing and causing to be done

Burning and causing to be burned

The restricted range of active harm-verbs

Conclusion

4 The danger of definition: contrectatio and appropriation

Taking and interfering

The primacy of the mental element

The physical element

5 Going to the fair - Jacques de Revigny on possession

Qui ad nundinas etc.

6 Bembo giureconsulto?

7 Gentilis and the interpretatio duplex

8 Ius gentium in the practice of the Court of Admiralty

Appendix: BL Lansdowne 129, fols. 80r-82vl

9 Stair's title 'Of Liberty and Servitude'

I

II

III

IV

10 The actio communi dividundo in Roman and Scots law

The Roman background

The institutional writers

The cases

Concluding remarks

11 Sale and transfer of title in Roman and Scots law

The Roman law background

Implied terms

Express terms

The rule on payment of the price in Scots law

The lex commissoria in Scots law

Some consequences

12 'What Marcellus says is against you': Roman law and Common law

I Introduction

II

III

IV

V Conclusion

13 Audi et alter am partem: a limit to judicial activity

Index of sources

Index of names and subjects

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