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Author : Theodore P. Ion
Publisher : Unknown
Page : 70 pages
File Size : 45,7 Mb
Release : 1908
Category : Islamic law
ISBN : NYPL:33433081895413
Author : Theodore P. Ion
Publisher : Theclassics.Us
Page : 24 pages
File Size : 46,5 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230322299
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... in. AFTER having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination--which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults--will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization. JURISPRUDENCE Jurisprudence, according to the Roman conception, is the knowledge of divine and human things; it is the science of the just and the unjust. 185 This definition has been severely criticised by various writers as not giving the exact idea of jurisprudence, and a distinguished English jurist went so far as to charge the Roman jurisconsults who adhered to that definition with "contemptible imbecility."186 It has been very often well observed that we should not view the thoughts of ancient sages with our modern standard of conception, but that, on the contrary, in passing judgment upon ideas, and even prejudices which have been the growth of centuries, we should entirely divest ourselves of actual conditions and environments. On the other hand, we should not lose sight of the fact that in ancient Rome, as well as in its sister country. Greece, religion and law were so much interwoven with each other that theology and jurisprudence were inseparable. Their laws, therefore, consisted not only of legal maxims, but also of rules prescribing the religious rites and ceremonies. In fact no person could have been a good priest or...
Author : George Mousourakis
Publisher : Springer
Page : 339 pages
File Size : 55,8 Mb
Release : 2014-12-02
Category : Law
ISBN : 9783319122687
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.
Author : Aldo Schiavone,Fara Nasti
Publisher : Routledge
Page : 318 pages
File Size : 51,5 Mb
Release : 2021-10-11
Category : History
ISBN : 9781000469776
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
Author : John George Phillimore
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 48,6 Mb
Release : 2001
Category : Political Science
ISBN : 9781584771777
The legal maxims of Roman law. Originally published: London: John W. Parker and Son, 1856. xxiv, 408 pp.In this study of important principles and maxims of Roman law, Phillimore provides commentary on selected maxims of Papinian, Ulpian, Paulus, Scaevola, Marcianus and Gaius; sets forth rules for the interpretation of law, contracts, and wills and discusses arguments used in the Pandects (Justinian's Digest). With a table of cases. br> JOHN GEORGE PHILLIMORE [1808-1865] (son of Joseph Phillimore, editor of admiralty reports) was an English jurist called to the Bar in 1832 who later became a Reader in Constitutional Law and Legal History to the Inns of Court.
Author : Sheldon Amos
Publisher : Unknown
Page : 500 pages
File Size : 42,8 Mb
Release : 1883
Category : Civil law
ISBN : STANFORD:36105043620918
Author : Patrick Mac Chombaich De Colquhoun
Publisher : Unknown
Page : 724 pages
File Size : 47,9 Mb
Release : 1849
Category : Roman law
ISBN : HARVARD:32044049975303
Author : Fernand Bernard
Publisher : The Lawbook Exchange, Ltd.
Page : 342 pages
File Size : 48,5 Mb
Release : 2010-02
Category : History
ISBN : 9781616190224
Bernard, Fernand. The First Year of Roman Law. Translated by Charles P. Sherman. New York: Oxford University Press, 1906. xiii, 326 pp. Reprinted 2010 by The Lawbook Exchange, Ltd. ISBN-13: 9781616190224. ISBN-10: 1616190221. Paperback. New. $21.95. * This is a useful introduction to Roman law with a level of detail that falls midway between an outline and a textbook. Carefully organized, it is also an excellent reference guide. "To begin with, it is quite comprehensive, for there is not a single principle of Roman law, sufficiently important to be included in first-year study, which the author has omitted.... [L]egal principles and definitions are very concisely stated, and a lecturer on the subject will be glad to find an important rule given in such brief, almost epigrammatic form, that it can be readily committed to memory. (...) Another good feature is the practice of frequently citing the original Latin phrases and sentences.... Lastly, the translator has provided a good index, which is a valuable addition to the original work. We are sure that many teachers of Roman law will welcome this book as a manual to be placed in the hands of their students.": Columbia Law Review 7 (1907) 377-378.
Author : William Carey Morey
Publisher : Unknown
Page : 460 pages
File Size : 45,6 Mb
Release : 1884
Category : Roman law
ISBN : HARVARD:32044097772149
Author : Sir Patrick MacChombaich de Colquhoun
Publisher : Unknown
Page : 572 pages
File Size : 46,8 Mb
Release : 1851
Category : Electronic
ISBN : PRNC:32101072863556
Author : Paul Vinogradoff
Publisher : The Lawbook Exchange, Ltd.
Page : 174 pages
File Size : 45,9 Mb
Release : 1909
Category : Civil law
ISBN : 9781584771098
Traces the history of the decay of Roman law and its revival in France, England and Germany in a series of lectures given at the University of London by the noted scholar Sir Paul Vinogradoff. 136 pp.
Author : A. D. E. Lewis,D. J. Ibbetson
Publisher : Cambridge University Press
Page : 252 pages
File Size : 48,6 Mb
Release : 1994-04-07
Category : Law
ISBN : 9780521441995
The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
Author : George Mousourakis
Publisher : Routledge
Page : 477 pages
File Size : 42,8 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351888417
Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.
Author : Charles Phineas Sherman
Publisher : Unknown
Page : 462 pages
File Size : 42,5 Mb
Release : 1994
Category : Civil law
ISBN : UOM:35112203229648
Author : Edwin Charles Clark
Publisher : Unknown
Page : 388 pages
File Size : 42,6 Mb
Release : 1914
Category : Jurisprudence
ISBN : STANFORD:36105062370239