front cover of Obligations in Roman Law
Obligations in Roman Law
Past, Present, and Future
Edited by Thomas A. J. McGinn
University of Michigan Press, 2013

Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law.

Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world.

Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

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front cover of Speculum Iuris
Speculum Iuris
Roman Law as a Reflection of Social and Economic Life in Antiquity
Jean-Jacques Aubert and Boudewijn Sirks, Editors
University of Michigan Press, 2002
Roman public and private law regulated many aspects of life in Antiquity. The legal sources, statutes, juristic opinions, textbooks, documents and reports preserve a wealth of information that illuminates Roman society and economy. However, the use of this kind of evidence can be extremely difficult. With this volume, classicists, historians, and legal scholars propose various ways to integrate the legal evidence with other sources for ancient social and economic history.
Speculum Iuris examines the complex relationship between law and social practice from the particular angle of Roman legislation and jurisprudence as conditioned by or reacting to a specific social, economic, and political context. Using various strategies, the editors and contributors mine a huge body of texts to study attitudes and behaviors of the Roman upper class, whose social concerns are reflected in the development of legal rules.
A close reading of juristic opinions and Republican or imperial legislation allows the contributors to find rationales behind rules and decisions in order to explain practices and mentalities of the elite within a larger social context. This book demonstrates clearly that Roman law was not divorced from the realities of daily life, even if some jurists may have been working with purely hypothetical cases.
Speculum Iuris provides a multidisciplinary approach to the question of the interplay of legal and social forces in the Roman world. As such, it will be a helpful study for general classicists and ancient historians, as well as for legal historians, social historians, economic historians, sociologists, and cultural anthropologists.
Jean-Jacques Aubert is Professor of Latin Language and Literature, University of Neuchâtel, Switzerland. Boudewijn Sirks is Professor of the History of Ancient Law, the History of European Private Law, and German Civil Law, Institute for the History of Law, Germany.
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