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The Roman Law of Inheritance
Traces the evolution of the Roman legal system through a study of the law of inheritance.
America’s Great Age of Rhetoric, 1770-1860
This book analyzes the advocacy, conceptualization, and institutionalization of rhetoric from 1770 to 1860. Among the forces promoting advocacy was the need for oratory calling for independence, the belief that using rhetoric was the way to succeed in biblical interpretation and preaching, and the desire for rhetoric as entertainment. Conceptually, leaders followed classical and German rhetoricians in viewing rhetoric as an art of ethical choice. Institutionally, a rhetorician such as Ebenezer Porter called for the development of organizations at all levels, a “sociology of rhetoric.” Orville Dewey highlighted the passion for rhetoric, calling his times “the age of eloquence.”
Mind and Rights
A uniquely comprehensive analysis of human rights combining historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences.
Law and Economic Performance in the Roman World
This book offers critical analyses of the dynamic relation between legal regulations, institutions and economic performance in the Roman world. It studies how law and legal thought affected economic development, and vice versa. Inspired by New Institutional Economics scholars the past decades used ancient law to explain economic growth. There was, however, no natural selection process directing legal changes towards macro-economic efficiency. Ancient rulers and jurists modified institutions to serve or safeguard particular interests—political, social, or economic. Nevertheless both economic performance and legal scholarship peaked at unprecedented levels. These were momentous historical developments. How were they related?
The Position of Roman Slaves
Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social diff...
Inter cives necnon peregrinos
The contributions to this volume are concerned with the Roman law of antiquity in its broadest sense, covering both private and public law from the Roman Republic to the Byzantine era, including legal papyrology. They also examine the reception of Roman law in Western Europe and its colonies (specifically the Dutch East Indies) from the Middle Ages to the promulgation of the German Bürgerliche Gesetzbuch in 1900. They reflect the wide interests of Professor Boudewijn Sirks, whom the volume honours on the occasion of his retirement and whose work and career have transcended frontiers and nations.
A Casebook on the Roman Law of Contracts
Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich enviro...
The Cambridge Comparative History of Ancient Law
The Cambridge Comparative History of Ancient Law is the first of its kind in the field of comparative ancient legal history. Written collaboratively by a dedicated team of international experts, each chapter offers a new framing and understanding of key legal concepts, practices and historical contexts across five major legal traditions of the ancient world. Stretching chronologically across more than three and a half millennia, from the earliest, very fragmentary, proto-cuneiform tablets (3200–3000 BCE) to the Tang Code of 652 CE, the volume challenges earlier comparative histories of ancient law / societies, at the same time as opening up new areas for future scholarship across a wealth of surviving ancient Near Eastern, Indian, Chinese, Greek and Roman primary source evidence. Topics covered include 'law as text', legal science, inter-polity relations, law and the state, law and religion, legal procedure, personal status and the family, crime, property and contract.
The Draft UNCITRAL Digest and Beyond
“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the...
Contracts for the International Sale of Goods
Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact cs@brillusa.com or sales@brill.com.
