The Spirit of Roman Law

Overview


This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on ...
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Overview


This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law.

Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.

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Editorial Reviews

From the Publisher

"Watson's writing and thought are clear and striking. He makes obvious things always known but never seen in focus.”--International and Comparative Law Quarterly

"A masterful work by a modern master of Roman law and its tradition in the West."--Journal of Legal Education

"The book gives a fair sense of what it was to be a Roman jurist, and in particular of how the political and religious background of the juristic profession affected juristic argument.”--Classical Review

"A realistic picture of the juristic cog . . . is an indispensible prerequisite, to which this book is a valuable contribution."--American Journal of Legal History

Booknews
The first in a new series on the relationship between legal systems and religious and moral perspectives. Watson law, U. of Georgia discusses the implicit and explicit values surrounding the formation of Roman law from the period 451 BC to the end of the classical period, 235 AD. He analyzes problems that faced the Roman intelligentsia, and discusses the influence of the College of Pontiffs and the assimilation of Roman law in other parts of Europe. Annotation c. Book News, Inc., Portland, OR booknews.com
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Product Details

  • ISBN-13: 9780820330617
  • Publisher: University of Georgia Press
  • Publication date: 4/15/2008
  • Series: The Spirit of the Laws Series
  • Edition description: New Edition
  • Pages: 264
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.80 (d)

Meet the Author


Alan Watson, Distinguished Research Professor and Ernest P. Rogers Chair at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
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Table of Contents

Preface
Acknowledgments
Abbreviations
1 Introduction to Roman Law 1
2 The Spiritual History of the Law 33
3 Public Law and Private Law: Public and Religious Dimensions 42
4 Juristic Law and the Sources of Law 57
5 Legal Isolationism: I 64
6 State Law: Statute and Edict 74
7 Juristic Law: Reasoning and Conceptualization 82
8 Jurists and Reality 98
9 Legal Isolationism: II 111
10 Conservatism and Absence of System 117
11 Conservatism and Tradition 124
12 A Central Indefiniteness 146
13 Legal Isolationism: III 158
14 "Law Keeps Out" 172
15 Simplicity and Economy of Means 180
Appendix A: Cicero the Outsider 195
Appendix B: Gaius and His Institutes 201
Appendix C: A Conclusion: The Astonishing Success of Roman Law 205
Notes 209
Index 237
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Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted May 26, 2002

    The True Spirit of Roman Law

    Alan Watson is one of the grand masters of the study of Roman law, with almost two dozen books to his credit, including the editorship of the standard English translation of the Digest of Justinian's Code. Here he offers a delightful intellectual feast--a tour of the soul of Roman law and the heart of the Roman jurist.

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