Roman Law in European History / Edition 1

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Overview

This is a short and succinct summary of the unique position of Roman law in European culture by a legal historian. Peter Stein's study assesses the impact of Roman law in the ancient world and its continued unifying influence throughout medieval and modern Europe.
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Editorial Reviews

From the Publisher
"Fact-filled as this book is, with its myriad names, dates and book titles, the author never allows the reader to lose sight of the trends, tensions, and debates that shped the use of Roman law down through the centuries, ending with the civil codes of the modern European nation states. This is a welcome treatment and guide to its subject." The Classical Bulletin

"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 lives on, well after the demise of the ancient society." David V. Snyder, H-Net Reviews

"...immensely useful and pleasurable reading.... The entire book will be welcome across many disciplines, but especially to historians and those interested in European culture and its reception of the classical tradition." Religious Studies Review

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Product Details

  • ISBN-13: 9780521643795
  • Publisher: Cambridge University Press
  • Publication date: 5/28/1999
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 148
  • Sales rank: 1,185,071
  • Product dimensions: 5.98 (w) x 8.98 (h) x 0.67 (d)

Table of Contents

List of abbreviations
Chronology
1 Introduction 1
2 Roman law in antiquity 3
1 The law of the Twelve Tables 3
2 Legal development by interpretation 7
3 The praetor and the control of remedies 8
4 The ius gentium and the advent of jurists 12
5 The empire and the law 14
6 The jurists in the classical period 16
7 The ordering of the law 18
8 The culmination of classical jurisprudence 20
9 The division of the empire 22
10 Post-classical law and procedure 24
11 The end of the western empire 29
12 Justinian and the Corpus iuris 32
3 The revival of Justinian's law 38
1 Roman law and Germanic law in the West 38
2 Church and empire 41
3 The rediscovery of the Digest 43
4 The civil law glossators 45
5 Civil law and canon law 49
6 The attraction of the Bologna studium 52
7 The new learning outside Italy 54
8 Applied civil law: legal procedure 57
9 Applied civil law: legislative power 59
10 Civil law and custom 61
11 Civil law and local laws in the thirteenth century 64
12 The School of Orleans 67
4 Roman law and the nation state 71
1 The Commentators 71
2 The impact of humanism 75
3 Humanism and the civil law 76
4 The civil law becomes a science 79
5 The ordering of the customary law 83
6 The Bartolist reaction 85
7 The Reception of Roman law 86
8 The Reception in Germany 88
9 Court practice as a source of law 92
10 Civil law and natural law 94
11 Civil law and international law 96
12 Theory and practice in the Netherlands 97
5 Roman law and codification 104
1 Roman law and national laws 104
2 The mature natural law 107
3 The codification movement 110
4 Early codifications in Germany and Austria 111
5 Pothier and the French Civil Code 114
6 The German historical school 115
7 Pandect-science and the German Civil Code 119
8 Nineteenth-century legal science outside Germany 123
9 Roman law in the twentieth century 128
Index 133
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