A Legal History of Rome by George Mousourakis

By George Mousourakis

This publication equips either legal professional and historian with a whole background of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it used to be generally utilized until eventually the eighteenth century. 

Combining a legislations specialist’s proficient point of view of felony background with a socio-political and cultural concentration, it examines the resources of legislation, the ways that those legislation have been utilized and enforced, and the methods the legislation used to be stimulated and advanced, with an exploration of civil and felony methods and certain awareness paid to criminal technological know-how. the ultimate bankruptcy covers the historical past of Roman legislations in past due antiquity and appraises the circulate 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 publication, George Mousourakis highlights the connection among Roman legislations and Roman lifestyles by way of following the traces of the main old developments.

Including bibliographic references and arranged accessibly via historic period, this e-book is a superb creation to the background of Roman legislation for college students of either legislation and historical background.

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From this viewpoint, the word iniuria signified any infringement of the law comprised of an act performed ‘contra ius’. Furthermore, the application of a lex was typically strict, as an act or dispute was tackled according to the letter of the law without reference to the circumstances of the individual case. On the other hand, the norms of ius were construed as flexible and thus adaptable to the circumstances of each particular case. 9 A characteristic feature of early Roman law was its extreme formalism, indeed ritualism, manifesting the religious origin and character of many legal rules and institutions.

As the family organization replaced the earlier gentile organization, the customary rules formerly applied by the civitas to regulate inter-gentile relations were mainly wielded to manage inter-family relations. The unwritten customary norms governing early Roman society emanated from traditional usages of the community and the cases generated from disputes presented to the clan patriarchs or the king for resolution. Many norms originated in the remote past, while others emerged later, during the formative years of the Roman state.

As noted, the Romans were conservative and extremely careful in their approach to legal matters. They were attached with great tenacity to the Law of the Twelve Tables, which they considered as the foundation of their legal system. Although legislation introduced 27 T H E M O N A R C H Y A N D E A R LY R E P U B L I C some new rules, interpretation was the chief means of changing the law (especially in the field of private law). Through skilful interpretation of the provisions of the Twelve Tables and later statutes, the Roman jurists filled the gaps in the law and also succeeded in infusing the old rigid rules with new substance, thus adapting them to changed conditions.

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