The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates inLaw, Language, and Empire in the ...Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield.
Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools-most prominently analogy and fiction-used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought.
In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
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 Constantineexamines 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.
Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an ...interdisciplinary manner whereby Roman law is not merely seen as a set of abstract concepts devoid of any background, but as a body of law which operated in a specific social, economic and cultural context. This "context-based" approach to the study of Roman law is an exciting new field which legal historians must address. Since the mid-1960s, a new academic movement has advocated a "law and society" approach to the study of Roman law instead of the prevailing dogmatic methodology employed in many Faculties of law.
Sliby v římském právu Skřejpek, Michal
Revue církevního práva,
2022, Letnik:
XXVIII, Številka:
86
Journal Article
Recenzirano
Odprti dostop
The article is focused on the issue of unilateral vows in ancient Rome, their nature and binding force. Attention is paid to public religious vows, whether made for the good of the Roman state or ...later the emperor (vota publica). In this context, their special forms are also mentioned, such as evocatio, consecratio and especially devotio. Private religious vows (vota privata) are not omitted. The second type of promises was pollicitatio – private promises in favour of the municipality, the aim of which was initially exclusively to obtain a local office, later they were made in reaction to consequences of the natural disaster. From the legal point of view, such unilateral promises are among the contracts arising as if from the contract (quasi- -contracts) and were enforceable only within the imperial process (cognitio extra ordinem).
The aim of this study was to analyse the importance of the order and characterization of the days (Fasti) for the legislation and jurisdiction in ancient Roman civil law (ius civile). After having ...summarized the order of the months and weeks in the Roman lunisolar calendar, both the categories dies fasti / dies nefasti (according to Varro: „dies fasti, per quos praetoribus omnia verba sine piaculo licet fari”) and those of dies comitiales and dies nefasti publici were to be defined. Finally (as the adjective fastus can be derived from the same root as fatum, i.e. the verb fari), it seemed to be worth throwing some light on the sacral roots of the legis actio sacramento.
Bringing together specialists in ancient history, archaeology and Roman law, this book provides new perspectives on long-distance trade in the Roman world. Recent archaeological work has shown that ...maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas. This book explores aspects of this development and its relationship with changes in the legal and institutional apparatus that supported maritime commerce. It analyses the socio-legal framework within which maritime trade was conducted, and in doing so presents a new understanding of the role played by legal and social institutions in the economy of the Roman world.
The Impact of Justice on the Roman Empire discusses ways in which notions, practice and the ideology of justice impacted on the functioning of the Roman Empire. The papers assembled in this volume ...follow from the thirteenth workshop of the international network Impact of Empire. They focus on what was considered just in various groups of Roman subjects, how these views were legitimated, shifted over time, and how they affected policy making and political, administrative, and judicial practices. Linking all of the papers are three common themes: the emperor and justice, justice in a dispersed empire and differentiation of justice.
Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this ...resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.
The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By ...examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy.
The present article focuses on the results of the authors’ research conducted on primary sources of Roman law, with the aim to examine and evaluate the legal framework of the gambling phenomenon. ...This article discusses the historical and legal aspects of gambling regulation, relevant regulatory mechanisms, the attitude towards gambling organisers and supporters, penal policies against those who force others to play, certain exceptions from general principles governing the gambling regime, the status of individuals with particular legal standing—such as persons under paternal authority, slaves and clients engaged in a client–patron relationship, as well as the mechanisms for public oversight of the gambling regime. The authors have conducted the research and analysis of the information contained in the so-called Justinian’s codifications, also known as ‘Corpus Iuris Civilis’, specifically the ‘Codex Iustinianus’ (Code of Justinian, 534 AD) and ‘Digesta seu Pandectae’ (Digest or Pandects, 533 AD). The research employs the inductive, deductive and comparative methods.
