By George Mousourakis
This ebook equips either attorney and historian with an entire heritage of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it was once generally utilized until eventually the eighteenth century.
Combining a legislation specialist’s proficient viewpoint of criminal historical past with a socio-political and cultural concentration, it examines the assets of legislation, the ways that those legislation have been utilized and enforced, and the methods the legislations used to be stimulated and stepped forward, with an exploration of civil and legal methods and designated cognizance paid to felony technological know-how. the ultimate bankruptcy covers the historical past of Roman legislation in overdue antiquity and appraises the stream in the direction of the codification of legislation that culminated within the ultimate assertion of Roman legislations: the Corpus Iuris Civilis of Emperor Justinian. during the ebook, George Mousourakis highlights the connection among Roman legislations and Roman lifestyles through following the traces of the main old developments.
Including bibliographic references and arranged accessibly via ancient period, this publication is a wonderful creation to the heritage of Roman legislations for college students of either legislation and historic background.
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Extra resources for A Legal History of Rome
17 Upon the commission’s return, the senate decided to suspend the constitution and entrust the government to an annually appointed board of ten magistrates (all of them patricians). 18 The new centuriate assembly appointed the commission in 451 BC and its members were invested with supreme political power (imperium). In 450 BC the decemvirs produced a series of laws inscribed on ten tablets (tabulae). 19 In 449 BC two further tablets of laws supplemented the existing ten and, after it was ratified by the assembly, the work was published under the name lex duodecim tabularum.
As economic conditions changed, this rigid system could not be absolutely sustained in practice. The problem was resolved by the constructive interpretation of a certain clause of the Twelve Tables that was apparently designed to protect a son against a father who misused his power. A father could consign a son to another person for money on the understanding that the son obtained manumission upon completion of work for that person. Following the manumission, the son returned automatically into the potestas of his father and the sale process could be repeated.
According to Roman tradition, the pontifical monopoly of legal knowledge ceased after the publication by Gnaeus Flavius, secretary (scriba) to Appius Claudius (a prominent patrician who was appointed censor in 312 BC), of a collection of formulas and ritual words that were recited in court when litigation took place (ius civile Flavianum). 35 Although any alert citizen must have known a great deal of the information embodied in the ius Flavianum, it was now rendered official and the jurisdictional magistrates could no longer refuse what all the people would know to be the law.