Download PDF by George Mousourakis: A Legal History of Rome

By George Mousourakis

ISBN-10: 0203089340

ISBN-13: 9780203089347

ISBN-10: 0415408938

ISBN-13: 9780415408936

This ebook equips either attorney and historian with a whole heritage of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it used to be greatly utilized till the eighteenth century. 

Combining a legislation specialist’s trained point of view of criminal heritage with a socio-political and cultural concentration, it examines the assets of legislations, the ways that those legislation have been utilized and enforced, and the methods the legislations was once encouraged and stepped forward, with an exploration of civil and legal techniques and distinct recognition paid to felony technological know-how. the ultimate bankruptcy covers the heritage of Roman legislation in overdue antiquity and appraises the circulate in the direction of the codification of legislation that culminated within the ultimate assertion of Roman legislation: the Corpus Iuris Civilis of Emperor Justinian. through the ebook, George Mousourakis highlights the connection among Roman legislations and Roman existence by means of following the traces of the foremost ancient developments.

Including bibliographic references and arranged accessibly by way of historic period, this ebook is a wonderful creation to the historical past of Roman legislation for college kids of either legislation and historical heritage.

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The plaintiff could forcibly compel an absent defendant to appear before the magistrate. However, this action was averted if the defendant produced a guarantor (vindex) who would assure their appearance in court at a fixed later date. When both parties appeared before the magistrate, the plaintiff had to pronounce his claim in a set form of words attended by equally formal ritual acts prescribed by law for the relevant case. The defendant had to reply by also employing a mandated combination of words and gestures.

The aggrieved party lost his suit because he used the words ‘vines’ (vites) instead of ‘trees’ (arbores) as prescribed by the Law of the Twelve Tables (T. 8. 7 As previously elaborated, the pontiffs had knowledge of the formulas a magistrate would be likely to accept as efficacious. It was a customary practice to consult the pontiffs for some formula even before the legis actio became a well-defined and established system. 8 The first three were applied to resolve a dispute, while the last two were used to enforce the execution of a judgment.

At the same time, the pontiffs’ activities as interpreters of the law forged the groundwork for the subsequent development of Roman legal science. According to Roman tradition, the pontifical monopoly of legal knowledge ceased after the publication by Gnaeus Flavius, secretary (scriba) to Appius Claudius (a prominent patrician who was appointed censor in 312 BC), of a collection of formulas and ritual words that were recited in court when litigation took place (ius civile Flavianum). 35 Although any alert citizen must have known a great deal of the information embodied in the ius Flavianum, it was now rendered official and the jurisdictional magistrates could no longer refuse what all the people would know to be the law.

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A Legal History of Rome by George Mousourakis

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