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The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.
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 fact...
Excerpt from Roman Law Pleading: An Outline of Its Historical Growth and General Principles The discovery of the Institutes of Gaius by Niebuhr at Verona, in the year 1816, has made it possible for us to obtain definite knowledge of early Roman procedure, which for centuries prior to that date had been enveloped in ob scurity. Efforts have failed to restore the manuscript there found to its original per fection; but fortunately those portions of the text which have been obliterated by time and the more recent inscriptions found upon the same parchment, are the portions the subject matter of which is either better known to the modern legal antiquarians or considered by them as of least import...
Examining a wealth of new evidence, Metzger paints a picture of litigation under Roman law that is far less polite and orderly than that commonly held till now. He also examines how the rules of procedure coped with the typical pretrial delays that the Roman system, and indeed any legal system, faces.
Of value to the student of Roman law, criminal and military procedure and the history of European courts. Originally published: Oxford: The Clarendon Press, 1901. xiii, 599 pp. A systematic and historical treatment of the civil and criminal procedure of Cicero's time. At the same time the author examines the legal difficulties and contradictions found in Cicero's writings on procedure. With a subject index and an index to passages found in Cicero's works. Contents include: Civil Procedure, The Courts of the Monarchy and Early Republic, The Courts of the Ciceronian Period and Criminal Procedure. "The book considers the Roman theory of civil procedure, the magistrate and the judex, bringing ou...
Borkowski's Textbook on Roman Law provides a clear and concise overview of Roman private law and civil procedure, supported by numerous extracts in translation from the Digest and Institutes. The book has been written with undergraduate students in mind and covers all key areas commonly taught on Roman law courses at undergraduate level.
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.