Roman Civil Law

Author: Samuel P. Scott
Publisher: CreateSpace
ISBN: 9781500237547
Format: PDF, ePub
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Description: The Laws of the Twelve Tables; The Institutes of Gaius; Fragments of the Rules of Ulpian; and The Opinions of Paulus Synopsis: This edition of ROMAN CIVIL LAW, derived from S.P. Scott's monumental 17 volume work, THE CIVIL LAW (Central Trust Co., 1932) is a compilation of Roman laws spanning eight centuries beginning with the earliest organized body of laws known to the Romans, THE TWELVE TABLES (449 B.C.), and concluding with the surviving works of three of the five most important jurists of the second and third centuries A.D., GAIUS, ULPIAN and PAULUS. The Laws of the Twelve Tables formed the centerpiece of the constitution of the Roman Republic and the core of the mos maiorum. The Twelve Tables were literally drawn up on twelve ivory or brass tablets which were posted in the Forum Romanum so that all Romans could read and know them. They did not survive antiquity. What we have of them today are brief excerpts and quotations in other authors. Gaius (floruit AD 130-180) was a celebrated Roman jurist during the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His INSTITUTES are a complete exposition of the elements of ancient Roman law and for this reason are most valuable to the historian of early institutions. Domitius Ulpianus (died 228), a Roman jurist of Tyrian ancestry wrote in the period between AD 211 and 222. FRAGMENTS of his works survive. As an author he is characterized by doctrinal exposition of a high order, judiciousness of criticism, and lucidity of arrangement, style and language. Julius Paulus (second century AD), also known as Paulus or Paul, was an influential Roman jurist whose OPINIONS feature prominently in Justinian's DIGEST. The Emperor Valentinian II (371-392), a Western Roman Emperor between the years 375-392, names Paulus in the Law of Citations, along with Gaius, Papinian, Ulpian and Modestinus, as one of only five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became the most important reference point for all subsequent legal decisions and profoundly affected the course of European and American law from antiquity to the present. This edition includes S.P. Scott's complete introduction to his 17 volume work, THE CIVIL LAW, all of his critical notes and a lengthy index. THIS IS NOT A HASTILY ASSEMBLED SCAN OR "FACSIMILE EDITION" OF THIS WORK. EVERY LETTER AND WORD OF THE ORIGINAL HAS BEEN RESET AND CAREFULLY PROOFED FOR ACCURACY.

Lex Talionis in Early Judaism and the Exhortation of Jesus in Matthew 5 38 42

Author: James Davis
Publisher: Bloomsbury Publishing
ISBN: 0567362116
Format: PDF, ePub, Mobi
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In Matthew 5:38-42, Jesus overrides the Old Testament teaching of 'an eye for eye and a tooth for a tooth' - the Lex Talionis law - and commands his disciples to turn the other cheek. James Davis asks how Jesus' teaching in this instance relates to the Old Testament talionic commands, how it relates to New Testament era Judaism and what Jesus required from his disciples and the church. Based on the Old Testament texts such as Leviticus 24, Exodus 22 and Deuteronomy 19, a strong case can be made that the Lex Talionis law was understood to have a literal application there are several texts that text of Leviticus 24 provides the strongest case that a literal and judicial application. However, by the second century AD and later, Jewish rabbinic leadership was essentially unified that the OT did not require a literal talion, but that financial penalties could be substituted in court matters. Yet there is evidence from Philo, Rabbi Eliezer and Josephus that in the first century AD the application of literal talion in judicial matters was a major and viable Jewish viewpoint at the time of Jesus. Jesus instruction represents a different perspective from the OT lex talionis texts and also, possibly, from the Judaism of his time. Jesus commands the general principle of not retaliation against the evil person and intended this teaching to be concretely applied, as borne out in his own life. JSNTS

Abuse of EU Law and Regulation of the Internal Market

Author: Alexandre Saydé
Publisher: Bloomsbury Publishing
ISBN: 1782254048
Format: PDF, Docs
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How can the concept of abuse of European Union law ? which can be defined as undesirable choice of law artificially made by a private citizen ? generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Beyond Dogmatics Law and Society in the Roman World

Author: John W. Cairns
Publisher: Edinburgh University Press
ISBN: 0748631771
Format: PDF, ePub
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This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roma

Gift and Gain

Author: Neil Coffee
Publisher: Oxford University Press
ISBN: 0190496444
Format: PDF, ePub, Docs
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The economy of ancient Rome, with its long-range trade, widespread moneylending, and companies of government contractors, was surprisingly modern. Yet Romans also exchanged goods and services within a traditional system of gifts and favors, which sustained the supportive relationships necessary for survival in the absence of extensive state and social institutions. In Gift and Gain: How Money Transformed Ancient Rome, Neil Coffee shows how a vibrant commercial culture progressively displaced systems of gift giving over the course of Rome's classical era. The change was propelled by the Roman elite, through their engagement in a variety of profit-making enterprises. Members of the same elite, however, remained habituated to traditional gift relationships, relying on them to exercise influence and build their social worlds. They resisted the transformation, through legislation, political movements, and philosophical argument. The result was a recurring clash across the contexts of Roman social and economic life. Neil Coffee's comprehensive volume traces the conflict between gift and gain from Rome's prehistory down through the conflicts of the late Republic and into the early Empire, showing its effects in areas as diverse as politics, law, philosophy, personal and civic patronage, marriage, and the Latin language. These investigations show Rome shifting, unevenly but steadily, away from its pre-historic reliance on mutual aid and toward the sort of commercial and contractual relations typical of the modern world.

The Civil Law

Author: Justinian I
Publisher: Lulu Press, Inc
ISBN: 1329002555
Format: PDF, Kindle
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The Corpus Juris Civilis or the Body of Civil Law was Complied from 529 to 534 by order of Justinian I; thus, it is sometimes referred to as the Code of Justinian. It however contains the body Roman law previous to the reign of Justinian. This compilation, translated by S.P. Scott into English, and formatted into Three volumes, contains: The Twelve Tables, The Institutes of Gaius, The Rules of Ulpian, The Opinions of Paulus, The Enactments of Justinian, and The Constitutions of Leo

INSTITUTES EXTRACTS

Author: Gaius
Publisher: Wentworth Press
ISBN: 9781373890610
Format: PDF, ePub, Docs
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