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Law, Language, and Empire in the Roman Tradition
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.
eBook
Fighting hydra-like luxury : sumptuary regulation in the Roman Republic
\"From the Old Testament to Elizabethan England, luxury has been morally condemned. In Rome, sumptuary laws (laws controlling consumption) seemed the only weapon to defeat 'hydra-like luxury', the terrible monster that was weakening even the strongest citizens. The first Roman sumptuary law, the Lex Appia, declared that no woman could possess more than a half ounce of gold, wear a dress of different colours, or ride in a carriage in any city unless for a public ceremony. Laws listed how many different colours could be worn by members of different social classes: peasants could wear one colour, soldiers in the army could wear two, army officers could wear three, and members of the royal family could wear seven. A law passed by Emperor Aurelian stated that men couldn't wear shoes that were red, yellow, green, or white, and that only the emperor and his sons could wear red or purple shoes. A variety of other laws limited how much people could spend on parties and how many people they could invite. Here Emanuela Zanda explores the purposes behind the enactment of such legislation in Rome during the Republic. She engages with the historical-literary polemic against luxury and focuses on government intervention in matters of extravagance by taking into consideration not only sumptuary laws but also other measures that dealt with self-indulgence. She addresses and answers a number of questions about what exactly the ruling class was trying to achieve, about its real motivations, and about the significance of the ideological discourse surrounding the enactment of these laws\"--Provided by publisher.
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Legitimacy and Law in the Roman World
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.
eBook
Public and Private in Ancient Mediterranean Law and Religion
The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.
eBook
The Justice of Constantine
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.
eBook
Manuel de Droit Romain
Ce Manuel se propose d'initier des etudiants en droit aux notions rememorees de la jeunesse de notre droit : le Droit romain, en particulier les normes dont il a irrigue le droit prive depuis plus de vingt-cinq siecles. Avec un seul parti-pris de methode : envisager la decouverte comme une promenade de prospection archeologique travers le fecond champ gallo-romain du Code civil.
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