By George Mousourakis
This publication equips either attorney and historian with an entire background of Roman legislation, from its beginnings c.1000 BC via to its re-discovery in Europe the place it was once generally utilized till the eighteenth century.
Combining a legislation specialist’s expert standpoint of criminal historical past with a socio-political and cultural concentration, it examines the resources of legislations, the ways that those legislation have been utilized and enforced, and the methods the legislation was once motivated and stepped forward, with an exploration of civil and felony tactics and detailed cognizance paid to felony technology. the ultimate bankruptcy covers the heritage of Roman legislations in past due antiquity and appraises the stream in the direction of the codification of legislation that culminated within the ultimate assertion of Roman legislations: the Corpus Iuris Civilis of Emperor Justinian. through the booklet, George Mousourakis highlights the connection among Roman legislation and Roman existence via following the traces of the key historic developments.
Including bibliographic references and arranged accessibly by way of ancient period, this e-book is a wonderful advent to the historical past of Roman legislation for college students of either legislation and historical historical past.
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Additional info for A Legal History of Rome
Behaviour that violated the rules of divine law was referred to as nefas, and regarded as disruptive to the harmonious relationship between the community and its gods. The Romans believed that such behaviour could invoke the wrath of the gods and entail misfortune for the entire community. The violation of a rule pertaining to fas rendered the offender impious and the ensuing punishment was expiatory in character: its purpose was to heal the condition of collective impurity and thus to restore the state of harmony (amicitia) between the community and the gods.
One might perhaps say that the earliest phase of Roman history is marked by a fundamental dualism: the gentes on the one hand and the civitas on the other. However, Rome evolved politically as a unitary state when the gentile organization declined and the sense of unity among the population intensified. The initially diverse customs of the different gentes underwent a process of assimilation that engendered a common body of norms, designated mores maiorum (the ways of our ancestors), for 22 S O U R C E S O F L AW governing the whole community.
Most of the preserved provisions canvass matters of private law, such as family relations, succession and wills, property, contracts and torts. Special attention is given to matters of procedure in court actions and enforcement, as in this area the unskilled parties to a dispute, usually plebeians, could be misled by those conversant with the law. 25 The provisions of the Twelve Tables are couched in the form of terse commands and prohibitions, exhibiting a rhythmical cadence that must have facilitated memory retention.
A Legal History of Rome by George Mousourakis