Download or read book A Casebook on the Roman Law of Contracts written by Bruce W. Frier and published by Oxford University Press. This book was released on 2021-05-26 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.
Download or read book Contract of Mandate in Roman Law written by Alan Watson and published by . This book was released on 1961 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spirit of Roman Law written by Alan Watson and published by University of Georgia Press. This book was released on 2008 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Download or read book Roman Law Comparative Law written by Alan Watson and published by University of Georgia Press. This book was released on 1991 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
Download or read book Critical Studies in Ancient Law Comparative Law and Legal History written by Alan Watson and published by Hart Publishing. This book was released on 2001 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
Download or read book Contract of Mandate in Roman Law written by Alan Watson and published by Scientia Verlag Und Antiquariat. This book was released on 1984 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Society and Legal Change written by Alan Watson and published by Temple University Press. This book was released on 2001 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noted scholar tackles dysfunctional law.
Download or read book Roman Law written by Rafael Domingo and published by Routledge. This book was released on 2018-04-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman Law: An Introduction offers a clear and accessible introduction to Roman law for students of any legal tradition. In the thousand years between the Law of the Twelve Tables and Justinian’s massive Codification, the Romans developed the most sophisticated and comprehensive secular legal system of Antiquity, which remains at the heart of the civil law tradition of Europe, Latin America, and some countries of Asia and Africa. Roman lawyers created new legal concepts, ideas, rules, and mechanisms that most Western legal systems still apply. The study of Roman law thus facilitates understanding among people of different cultures by inspiring a kind of legal common sense and breadth of knowledge. Based on over twenty-five years’ experience teaching Roman law, this volume offers a comprehensive examination of the subject, as well as a historical introduction which contextualizes the Roman legal system for students who have no familiarity with Latin or knowledge of Roman history. More than a compilation of legal facts, the book captures the defining characteristics and principal achievements of Roman legal culture through a millennium of development.
Download or read book Going the Distance written by Ron Harris and published by Princeton University Press. This book was released on 2020-02-11 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Long-distance oceanic and overland trade along the Eurasian landmass in the 1400s was largely dominated by Chinese, Indian, and Arabic traders and predominantly conducted over short trajectories by sole traders or organized around small-scale enterprises. Yet, within two centuries of Europeans' arrival in the Indian Ocean in 1498, long-distance trade throughout Eurasia was mainly taken over by them. By 1700, they had formed new, large-scale, and impersonal organizations, primarily a joint-stock business corporation between English East India Company (EIC) and Dutch East India Company (VOC). This allowed them to transform trade from an enterprise dominated by many small traders moving goods over short segments to a vertically integrated firm that was able to control goods from their origin to the end consumers. This rise of the business corporation proved essential for the economic rise of Europe. Why did the corporation arise indigenously only in Europe, and given its effective organization of long-distance trade, why wasn't it mimicked by other Eurasian civilizations for 300 years? Harris closely examines the role played by forms of organization in the transformation of Eurasian trade between 1400 and 1700, comparing the organizational forms that were used in four major civilizations: Chinese, Indian, Middle Eastern, and Western European. Through this comparative perspective, he argues that the organizational design of the EIC and VOC, the first long-lasting joint-stock corporations, enabled large-scale multilateral impersonal cooperation for the first time in human history. He also argues that this new organizational form enabled the English and Dutch to deploy more capital, more ships, more voyages, and more agents than other organizational forms"--
Download or read book Crisis and Constitutionalism written by Benjamin Straumann and published by Oxford University Press. This book was released on 2016-03-02 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitution--the concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. Straumann then discusses the reception of Roman constitutional thought up to the late eighteenth century and the American Founding, which gave rise to a new, constitutional republicanism. This tradition was characterized by a keen interest in the Roman Republic's decline and fall, and an insistence on the limits of virtue. The crisis of the Republic was interpreted as a constitutional crisis, and the only remedy to escape the Republic's fate--military despotism--was thought to lie, not in republican virtue, but in Roman constitutionalism. By tracing Roman constitutional thought from antiquity to the modern era, this unique study makes a substantial contribution to our understanding of Roman political thought and its reception.
Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Download or read book Studies in Roman Private Law written by Alan Watson and published by A&C Black. This book was released on 1991-01-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hambledon & London. Hardcover. Book Condition: New. Brand New Mint Hardcover With Dustjacket.
Download or read book Philosophical Foundations of Fiduciary Law written by Andrew S. Gold and published by OUP Oxford. This book was released on 2014-08-15 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.
Download or read book Boethius s In Ciceronis Topica written by Boethius and published by Cornell University Press. This book was released on 2018-09-05 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ciceronis Topica and De topicis differentiis are Boethius's two treatises on Topics (loci). Together these two works present Boethius's theory of the art of discovering arguments, a theory that was highly influential in the history of medieval logic. Eleonore Stump here presents the first English language translation of In Ciceronis Topica, Boethius's extended commentary on Cicero's Topica. To supplement her translation, Professor Stump has provided an introduction that supplies essential information about In Ciceronis Topica, Boethius's life, and the tradition of dialectic; her detailed notes explore the many philosophical problems in Boethius's text. A significant contribution to the history of Western intellectual life in its own right, Boethius's ''In Ciceronis Topica" makes an excellent companion to Professor Stump's earlier work, Boethius's "De topicis differentiis" (also available from Cornell).
Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Download or read book Office of Ambassador written by Donald E. Queller and published by Princeton University Press. This book was released on 2017-03-14 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The evolution of the office of the ambassador from the primitive messenger (nuncius) through the Roman law procurator to the nearly modern resident ambassador is traced in this study of the ambassador of representative institutions to the relations among states in the Middle Ages. The book makes use of official diplomatic documents, many unpublished, and most of them drawn from archives in Venice, England, and Flanders, reflecting the diplomatic activities of a great Italian city-state, a national monarchy, and a powerful feudal county. Chronicles have been used as supplementary sources, especially when the chronicler was an experienced diplomat, such as Villehardouin or Commines. Originally published in 1967. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
