Critical Studies In Ancient Law, Comparative Law And Legal History

Other sellers (Hardcover)
  • All (4) from $163.94   
  • New (4) from $163.94   
Sending request ...

Editorial Reviews

A collection of contemporary research on Roman law, comparative law, and legal history. Chapters provide new insight on areas including translation and interpretation, and defendant in , oral establishment of dowry in Jewish and Roman law, basics of Roman and Jewish intestacy, bibliographical problems for the Scottish concept of institutional writing, legal adaptation in the Dutch East Indies, and legal change and Scots private law. Of interest to scholars and students of Roman law, ancient Jewish and Chinese law, legal history, and comparative law. Cairns specializes in the history of Scots law at the University of Edinburgh. Robinson specializes in Roman administrative and criminal law at Glasgow University. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (
Read More Show Less

Product Details

  • ISBN-13: 9781841131573
  • Publisher: Hart Publishing (UK)
  • Publication date: 1/19/2001
  • Pages: 448
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.00 (d)

Table of Contents

The Contributors
Roman Law
1 Was Acceptilatio an Informal Act in Classical Roman Law? 3
2 Solutio and Traditio 15
3 Actor and Defendant in Negatoria Servitutis 31
4 Some Reflections on History and Dogma as Jurists' Tools 37
5 D. (Scaevola 18 dig.) Revisited 45
6 Death, Taxes and Status in Pliny's Panegyricus 51
7 Translation and Interpretation 61
8 The Case of the Deliberate Wine Spill 73
9 De Iurisprudentia 79
10 Pigs, Boars and Livestock under the Lex Aquilia 83
11 "Galba Negabat" 93
12 Partes Iuris 103
13 "Unus Testis Nullus Testis" 109
14 Unpardonable Crimes: Fourth Century Attitudes 117
15 The Praetor Hoist with his Own Petard: the Palingenesia of Digest 2.1.10 127
16 Maiestas in the Late Republic: Some Observations 143
Other Ancient Laws
17 Oral Establishment of Dowry in Jewish and Roman Law: D'varim Haniknim Ba'amira and Dotis Dictio 157
18 Cause, Status and Fault in the Traditional Chinese Law of Homicide 173
19 The Septuagint as Nomos: How the Totah became a "Civic Law" for the Jews of Egypt 183
20 Basics of Roman and Jewish Intestacy 201
Transplants, Receptions and Comparisons
21 The Education and Qualification of Civil Lawyers in Historical Perspective: From Jurists and Orators to Advocates, Procurators and Notaries 213
22 The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish Concept of Institutional Writing 235
23 Restitution, Repetition, Recompense and Unjustified Enrichment in Scots Law 249
24 John Adams and the Whale 261
25 Leibniz's Elementa Iuris Civilis and the Private Law of his Time 267
26 Classifying Crimes 283
27 The Shifting Focus of Adoption 297
28 Girth: Society and the Law of Sanctuary in Scotland 333
29 Descendit and Inferos: And Belial Sued Jesus Christ for Trespass 353
30 Saving Souls through Adoption: Legal Adaptation in the Dutch East Indies 365
31 Legal Change and Scots Private Law 379
32 Quod raro fit, non observant legislatores: a Classical Maxim of Legislation 393
33 Kasper Manz, a German Jurist in the Seventeenth Century: A Man of Theory and Practice 399
34 A Note on Regulae Iuris in Roman Law and on Dworkin's Distinction between Rules and Principles 413
Index of (Roman and some other) texts discussed 419
Index of proper names and topics 421
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)