BiblioVault - Books about Roman law

Ancient Law, Ancient Society

Dennis P. Kehoe and Thomas A. J. McGinn, editors

University of Michigan Press, 2017

The essays composing Ancient Law, Ancient Society examine the law in classical antiquity both as a product of the society in which it developed and as one of the most important forces shaping that society. Contributors to this volume consider the law via innovative methodological approaches and theoretical perspectives—in particular, those drawn from the new institutional economics and the intersection of law and economics.

Essays cover topics such as using collective sanctions to enforce legal norms; the Greek elite’s marriage strategies for amassing financial resources essential for a public career; defenses against murder charges under Athenian criminal law, particularly in cases where the victim put his own life in peril; the interplay between Roman law and provincial institutions in regulating water rights; the Severan-age Greek author Aelian’s notions of justice and their influence on late-classical Roman jurisprudence; Roman jurists’ approach to the contract of mandate in balancing the changing needs of society against respect for upper-class concepts of duty and reciprocity; whether the Roman legal authorities developed the law exclusively to serve the Roman elite’s interests or to meet the needs of the Roman Empire’s broader population as well; and an analysis of the Senatus Consultum Claudianum in the Code of Justinian demonstrating how the late Roman government adapted classical law to address marriage between free women and men classified as coloni bound to their land.

In addition to volume editors Dennis P. Kehoe and Thomas A. J. McGinn, contributors include Adriaan Lanni, Michael Leese, David Phillips, Cynthia Bannon, Lauren Caldwell, Charles Pazdernik, and Clifford Ando.

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A Commentary on Cicero, De Legibus

Andrew R. Dyck

University of Michigan Press, 2004

Just as Plato drafted a vision of an ideal state in his Republic and followed that up with detailed provisions in his Laws, so Cicero -- after writing a Republic -- wanted to provide legislation for his ideal state and wrote de Legibus (the Laws) as a sequel. But while Cicero's Republic was set shortly before the death of its speaker, Scipio Africanus, in 129 b.c., his de Legibus was set in his own lifetime, thus enabling him to comment on current political events and trends. Written in the final years of the Roman Republic, de Legibus is as a work that gives Cicero's own diagnosis of the ills that had befallen the Roman state and what might be done to cure them. It is thus a document crucial to our understanding of one of the most turbulent periods of Roman history.
Surprisingly, de Legibus has been one of Cicero's most neglected works. Andrew R. Dyck's commentary is the first to appear on the complete work in well over one hundred years. Dyck provides a detailed interpretation and sets the essay into the context of the politics and philosophical thought of its time. While previous commentaries focused primarily on grammar and textual criticism, this one also seeks to relate Cicero's text to the political, philosophical, and religious trends of his day. The author identifies the influences on Cicero's thinking and analyzes the relation of this theoretical treatise to his other works. This commentary is based on a new text, worked out in consultations between the author and Jonathan Powell of Royal Holloway, London.
Andrew Dyck is Professor of Classics, University of California at Los Angeles.

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The Discovery of the Fact

Clifford Ando and William P. Sullivan, Editors

University of Michigan Press, 2020

The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?

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The Invention of Law in the West

Aldo Schiavone

Harvard University Press, 2010

Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity.

The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidation—an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around it—formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.

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The Justice of Constantine

Law, Communication, and Control

John Noël Dillon

University of Michigan Press, 2012

As the first Christian emperor of Rome, Constantine the Great has long interested those studying the establishment of Christianity. But Constantine is also notable for his ability to control a sprawling empire and effect major changes. The Justice of Constantine examines Constantine's judicial and administrative legislation and his efforts to maintain control over the imperial bureaucracy, to guarantee the working of Roman justice, and to keep the will of his subjects throughout the Roman Empire.

John Dillon first analyzes the record of Constantine's legislation and its relationship to prior legislation. His initial chapters also serve as an introduction to Roman law and administration in later antiquity. Dillon then considers Constantine's public edicts and internal communications about access to law, trials and procedure, corruption, and punishment for administrative abuses. How imperial officials relied on correspondence with Constantine to resolve legal questions is also considered. A study of Constantine's expedited appellate system, to ensure provincial justice, concludes the book.

Constantine's constitutions reveal much about the Theodosian Code and the laws included in it. Constantine consistently seeks direct sources of reliable information in order to enforce his will. In official correspondence, meanwhile, Constantine strives to maintain control over his officials through punishment; trusted agents; and the cultivation of accountability, rivalry, and suspicion among them.

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Law and Transaction Costs in the Ancient Economy

Dennis P. Kehoe, David M. Ratzan, and Uri Yiftach, editors

University of Michigan Press, 2015

Transaction costs (TC) are the “friction” in an economic system, and their analysis is vital to understanding institutional design and economic performance. Law and Transaction Costs in the Ancient Economy is the first volume to collect specific studies from a transaction cost perspective. The volume offers models of this new way of looking at ancient evidence, and suggests ways in which traditional subject areas might inform problems in contemporary economics and legal studies.

After the editors’ methodological introduction, the contributors investigate the roles and effects of transaction costs in fourth-century Athens, Ptolemaic Egypt, the Roman Empire, and late antiquity, on the basis of legal texts, papyri, and inscriptions. Collected here are some of the leading voices on TC analysis in ancient history, as well as established scholars, including several who do not usually publish in English: Alain Bresson, Giuseppe Dari-Mattiacci, Rudolf Haensch, Dennis Kehoe, François Lerouxel, J. G. Manning, Brian Muhs, Josiah Ober, David M. Ratzan, Gerhard Thür, and Uri Yiftach.

This volume will speak to those who identify with traditional subject areas, like epigraphy or Greek law, and will also demonstrate the value of experimenting with this new way of looking at ancient evidence.

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Society And Legal Change 2Nd Ed

Alan Watson, foreword by Paul Finkelman

Temple University Press, 2001

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society."

Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union.

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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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