The Roman Law Tradition

doi:10.1017/CBO9780511522345

In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman Law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era. The revival of its study in the medieval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the World colonized from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonization and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought.

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Contents

Frontmatter
pp i-vi
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Contents
pp vii-viii
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List of contributors
pp ix-x
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Foreword: Peter Stein, Regius Professor of Civil Law in the University of Cambridge, 1968–1993
pp xi-xi
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List of abbreviations
pp xii-xiv
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1 - The Roman law tradition
pp 1-14
- By David Ibbetson, Andrew Lewis
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2 - Labeo and the fraudulent slave
pp 15-31
- By Alan Rodger
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3 - Doing and causing to be done
pp 32-53
- By Peter Birks
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4 - The danger of definition: contrectatio and appropriation
pp 54-72
- By David Ibbetson
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5 - Going to the fair – Jacques de Révigny on possession
pp 73-97
- By William M. Gordon
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6 - Bembo giureconsulto?
pp 98-103
- By Michael H. Crawford
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7 - Gentilis and the interpretatio duplex
pp 104-118
- By J. L. Barton
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8 - Ius gentium in the practice of the Court of Admiralty around 1600
pp 119-134
- By Alain Wijffels
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9 - Stair's title ‘Of Liberty and Servitude’
pp 135-158
- By John D. Ford
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10 - The actio communi dividundo in Roman and Scots law
pp 159-181
- By Geoffrey MacCormack
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11 - Sale and transfer of title in Roman and Scots law
pp 182-198
- By David Johnston
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12 - ‘What Marcellus says is against you’: Roman law and Common law
pp 199-208
- By Andrew Lewis
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13 - Audi et alteram partem: a limit to judicial activity
pp 209-223
- By Daan Asser
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Index of sources
pp 224-228
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Index of names and subjects
pp 229-234
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The Roman Law Tradition

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Contents

Frontmatter
pp i-vi

Contents
pp vii-viii

List of contributors
pp ix-x

Foreword: Peter Stein, Regius Professor of Civil Law in the University of Cambridge, 1968–1993
pp xi-xi

List of abbreviations
pp xii-xiv

1 - The Roman law tradition
pp 1-14

2 - Labeo and the fraudulent slave
pp 15-31

3 - Doing and causing to be done
pp 32-53

4 - The danger of definition: contrectatio and appropriation
pp 54-72

5 - Going to the fair – Jacques de Révigny on possession
pp 73-97

6 - Bembo giureconsulto?
pp 98-103

7 - Gentilis and the interpretatio duplex
pp 104-118

8 - Ius gentium in the practice of the Court of Admiralty around 1600
pp 119-134

9 - Stair's title ‘Of Liberty and Servitude’
pp 135-158

10 - The actio communi dividundo in Roman and Scots law
pp 159-181

11 - Sale and transfer of title in Roman and Scots law
pp 182-198

12 - ‘What Marcellus says is against you’: Roman law and Common law
pp 199-208

13 - Audi et alteram partem: a limit to judicial activity
pp 209-223

Index of sources
pp 224-228

Index of names and subjects
pp 229-234

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The Roman Law Tradition

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