Roman Law in European History (ISBN10: 0521643791; ISBN13: 9780521643795)
ISBN10: 0521643791
ISBN13: 9780521643795
Edition/Copyright: 99

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ISBN10: 0521643724
ISBN13: 9780521643726

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Publisher: Cambridge University Press
Cover: Paperback
Year Published: 1999
Weight: 1.5lbs.
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Roman Law in European History

by Peter Stein

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''In Roman Law in European History, a master gives his readers both an introduction to the law of ancient Rome and an account of how that law lived on, well after the demise of the ancient society. For students and for scholarly beginners, this short book is an excellent way to learn the story and to understand its importance. ... Although it is a summary that is mindful of the uninitiated, this small book manages not to sacrifice the rigorous or the scholarly.''

--David V. Snyder, Cleveland-Marshall College of Law, Cleveland State University


Submitted by Publisher, March, 2001

Roman law has had a huge impact on European legal and political thought. Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. He assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies.

Part I. Introduction
Part II. Roman Law in Antiquity:

1. The law of the Twelve Tables
2. Legal development by interpretation
3. The praetor and the control of remedies
4. The ius gentium and the advent of jurists
5. The Empire and the law
6. The jurists in the classical period
7. The ordering of the law
8. The culmination of classical jurisprudence
9. The division of the empire
10. Post-classical law and procedure
11. The decline of legal science
12. The end of the Western empire
13. Justinian and the Corpus iuris

Part III. The Revival of Justinian's Law:

1. Roman law and Germanic law in the West
2. Church and empire
3. The rediscovery of the Digest
4. The civil law glossolators
5. Civil law and canon law
6. The attraction of the Bologna studium
7. The new learning outside Italy
8. Applied civil law: legal procedure
9. Applied civil law: legislative power
10. Civil law and custom
11. Civil law and local laws in the thirteenth century
12. The studium of Orleans

Part IV. Roman Law and the Nation State:

1. The commentators
2. The impact of humanism
3. Humanism and the civil law
4. The civil law becomes a science
5. The ordering of the customary law
6. The Bartolist reaction
7. The reception of Roman law
8. The reception in Germany
9. Court practice as a source of law
10. Civil law and natural law
11. Civil law and international law
12. Theory and practice in the Netherlands

Part V. Roman Law and Codification:

1. Roman law and national laws
2. The mature natural law
3. The codification movement
4. Early codifications in Germany and Austria
5. Pothier and the French Civil Code
6. The German historical school
7. Pandect-science and the German Civil Code
8. Nineteenth-century legal science outside Germany
9. Roman law in the twentieth century


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