Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...

Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Download or read book Borkowski s Textbook on Roman Law written by Paul J. du Plessis and published by . This book was released on 2015 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borkowski's Textbook on Roman Law is the leading textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides an accessible and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The author sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the fifth edition, Paul du Plessis has included references to a wide range of scholarly texts, to ground his judicious account of Roman law firmly in contemporary scholarship. He has also added examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion throughout of extracts in translation from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Online Resource Centre The book is accompanied by an extensive Online Resource Centre, containing the following resources: -Self-test multiple choice questions -Interactive timeline -Biographies of key figures -Glossary of Latin terms -Annotated web links -Original Latin versions of the extracts from the Digest and the Institutes of Justinian -Examples of textual analysis of Roman law texts -Guide to the literature and sources of Roman law

Download or read book Borkowski s Textbook on Roman Law written by Paul du Plessis and published by Oxford University Press, USA. This book was released on 2010-05-13 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borkowski's Textbook on Roman Law provides a clear and concise overview of Roman private law and civil procedure, supported by numerous extracts in translation from the Digest and Institutes. The book has been written with undergraduate students in mind and covers all key areas commonly taught on Roman law courses at undergraduate level.

Download or read book Principle and Pragmatism in Roman Law written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

Download or read book The Oxford Handbook of Roman Law and Society written by Paul J du Plessis and published by Oxford University Press. This book was released on 2016-10-20 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

Download or read book Ownership and Exploitation of Land and Natural Resources in the Roman World written by Paul Erdkamp and published by OUP Oxford. This book was released on 2015-07-30 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explanation of the success and failure of the Roman economy is one of the most important problems in economic history. As an economic system capable of sustaining high production and consumption levels, it was unparalleled until the early modern period. This volume focuses on how the institutional structure of the Roman Empire affected economic performance both positively and negatively. An international range of contributors offers a variety of approaches that together enhance our understanding of how different ownership rights and various modes of organization and exploitation facilitated or prevented the use of land and natural resources in the production process. Relying on a large array of resources - literary, legal, epigraphic, papyrological, numismatic, and archaeological - chapters address key questions regarding the foundations of the Roman Empire's economic system. Questions of growth, concentration and legal status of property (private, public, or imperial), the role of the state, content and limitations of rights of ownership, water rights and management, exploitation of indigenous populations, and many more receive new and original analyses that make this book a significant step forward to understanding what made the economic achievements of the Roman empire possible.

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 A Legal History of Rome written by George Mousourakis and published by Routledge. This book was released on 2007-08-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c.1000 BC through to its re-discovery in Europe where it was widely applied until the eighteenth century. Combining a law specialist’s informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments. Including bibliographic references and organized accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.

Download or read book The Cambridge Companion to Roman Law written by David Johnston and published by Cambridge University Press. This book was released on 2015-02-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.

Download or read book The Historical and Institutional Context of Roman Law written by George Mousourakis and published by Routledge. This book was released on 2017-03-02 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Roman Law Oxford Bibliographies Online Research Guide written by Paul du Plessis and published by Oxford University Press. This book was released on 2010-05 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ebook is a selective guide designed to help scholars and students of the ancient world find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In classics, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is just one of many articles from Oxford Bibliographies Online: Classics, a continuously updated and growing online resource designed to provide authoritative guidance through the scholarship and other materials relevant to the study of classics. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Download or read book Studying Roman Law written by Paul du Plessis and published by Bloomsbury Publishing. This book was released on 2013-09-30 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studying Roman Law is an introductory guide aimed at sixth-formers, students and those with a general interest wishing to obtain a basic overview of Roman private law during the first three centuries of the Common Era. It is not meant to be a replacement for more comprehensive and technical manuals on Roman law, but should rather be seen as introductory reading. Written in non-specialist language, it contains a basic overview of the sources of Roman private law and a guide to their use together with a survey of the main areas of the law using primary sources in translation. It also explains the different contexts in which these rules arose and operated as well as the mechanisms by which they were enforced against the backdrop of one of the most sophisticated and influential legal systems of the ancient world.

Download or read book Fundamentals of Roman Private Law written by George Mousourakis and published by Springer Science & Business Media. This book was released on 2012-07-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.

Download or read book The Twelve Tables written by Anonymous and published by Good Press. This book was released on 2019-12-05 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.

Download or read book Ancient Greece and Rome written by Keith Hopwood and published by Manchester University Press. This book was released on 1995 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sir Thomas Fairfax, not Oliver Cromwell, was creator and commander of Parliament's New Model Army from 1645 to1650. Although Fairfax emerged as England's most successful commander of the 1640s, this book challenges the orthodoxy that he was purely a military figure, showing how he was not apolitical or disinterested in politics. The book combines narrative and thematic approaches to explore the wider issues of popular allegiance, puritan religion, concepts of honour, image, reputation, memory, gender, literature, and Fairfax's relationship with Cromwell. 'Black Tom' delivers a groundbreaking examination of the transformative experience of the English revolution from the viewpoint of one of its leading, yet most neglected, participants. It is the first modern academic study of Fairfax, making it essential reading for university students as well as historians of the seventeenth century. Its accessible style will appeal to a wider audience of those interested in the civil wars and interregnum more generally.

Download or read book A Cultural History of Law in Antiquity written by Julen Etxabe and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we talk about “the law” in a period so remote from our own and covering such a huge span of time and space? From the Code of Hammurabi (ca. 1750 BCE) to Justinian's Corpus Iuris Civilis (529-534 CE), A Cultural History of Law in Antiquity draws upon legal texts and non-textual forms (such as vase-painting, sculpture, and architecture) to uncover the diverse and rich legal traditions of societies ranging from the Ancient Near Eastern cities of Assyria and Babylon in Mesopotamia to the Ancient Israelites, and from Ancient Greece to Rome of the Archaic and Classical Periods. With a wealth of textual and visual sources, A Cultural History of Law in Antiquity presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.