The Oxford Handbook of Roman Law and Society

by du Plessis, Paul J; Ando, Clifford; Tuori, Kaius

• ISBN13: 9780198728689
• ISBN10: 0198728689
• Format: Hardcover
• Copyright: 2016-12-06
• Publisher: Oxford University Press

Summary

The Handbook is intended to survey the landscape of contemporary research and chart principal directions of future inquiry. Its aim is to bring to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. This unique contribution of the volume sets it apart from others in the field.

Furthermore, the volume brings the study of Roman law into closer alignment, and thus into dialogue, with historical, sociological, and anthropological research in law in other periods. The volume is therefore directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

Author Biography

Clifford Ando is a historian of government, law, and religion specializing in the ancient Mediterranean between the late Hellenistic and late Roman periods. He has particular interests in contemporary social and political theory, public law, practices of legal interpretation, and metaphor and cognition.

Paul du Plessis is a legal historian whose research interests include Roman law, medieval interpretations of Roman law, Roman-Dutch law, the historical development of the civilian tradition in mixed jurisdictions, the relationship between law and history as well as between law and society in a historical context. He is a member of various organizations dedicated to the study of legal history, sometime webmaster of the Center for Legal History at Edinburgh University and convener of the Edinburgh Roman Law Group. He is co-author of the Edinburgh Legal History Blog. He is the general editor, with Thomas McGinn, of the monograph series Oxford Studies in Roman Society and Law.

Dr. Kaius Tuori is currently an Academy of Finland Research Fellow. His research interests include legal history, Roman law, legal anthropology, classical archaeology, and their intellectual history. In addition to four books, his work has been published in Law, Culture and the Humanities, The Journal of Legal History, the Journal of Legal Pluralism, Revue internationale des droits de l'Antiquite and the Legal History Review. He holds a doctorate in Law and a M.A. in History from his studies at the universities of Helsinki, Finland, and La Sapienza in Rome, Italy.

Table of Contents

Part I: Introduction
1. A Word from the Editors, Paul J. du Plessis, Clifford Ando and Kaius Tuori
2. Framing "Law and Society" in the Roman World, Janne Polonen
Part II: Reading Roman Law
3. More than Codes: Roman Ways of Organising and Giving Access to Legal Information, Dario Mantovani
4. Epigraphy, Tommaso Begio
5. Juristic Papyrology and Roman Law, Jose Luis Alonso Rodriguez
6. Roman Law and Latin Literature, Michele Lowrie
Part III: The Constitutional Structure of the Roman State
7. SPQR: Institutions and Popular Participation in the Roman Republic, Francisco Pina Polo
8. The Emperor, the Law and Imperial Administration, Werner Eck
9. Provincial Administration, John Richardson
10. Local Administration, Saskia T. Roselaar
11. Collegia and Their Impact on the Constitutional Structure of the Roman State, Jonathan S. Perry
Part IV: Legal Professionals and Legal Culture
12. Legal Education and Training of Lawyers, Jill Harries
13. Lawyers in Administration, Michael Peachin
14. Legal Writing and Legal Reasoning, Ulrike Babusiaux
15. Greek Philosophy and Classical Roman Law, Jacob Giltaij
16. Rhetoric and Roman Law, Agnieszka Kacprzak
Part V: Settling Disputes
Civil Actions and Civil Procedure
17. Magistrates that Made and Applied the Law, Frederik Vervaet
18. Roman Courts and Private Arbitration, Leanne Bablitz
19. Republican Civil Procedure: Sanctioning Reluctant Defendants, Ernest Metzger
20. Imperial Cognitio Process, Thomas Rufner
21. Evidence and Argument: The Truth of Prestige and its Performance, Elizabeth A. Meyer
22. Legal Pluralism in Practice, Clifford Ando
Criminal Law and Social Order
23. Police Functions and Public Order, Christopher Fuhrmann
24. Public and Private Criminal Law, Andrew Riggsby
25. Crimes against the Individual: Violence and Sexual Crimes, Ari Z. Bryen
26. Crimes Against the State, Callie Williamson
Part VI Persons Before the Law
Status
27. Social Status, Legal Status, and Legal Privilege, Tristan S. Taylor
28. Legally Marginalised Groups-The Empire, Robert Knapp
29. Repression, Resistance and Rebellion, Benjamin Kelly
30. Slavery: Social Position and Legal Capacity, Richard Gamauf
31. Emancipation, Henrik Mouritsen
Gender
32. Defining Gender, Matthew J. Perry
33. Woman and Patriarchy in Roman Law, Eva Cantarella
34. Women as Legal Actors, Verena Halbwachs
Part VII Legal Relations
Persons and Family
35. Family, Suzanne Dixon
36. Husband and Wife, Jakub Urbanik
37. Child and Parent in Roman Law, Ville Vuolanto
38. Inheritance, Eva Jakab
Property
39. The Economic Structure of Roman Property Law, Richard A. Epstein
40. Ownership and Power in Roman Law, Luigi Capogrossi Colognesi
41. Possession, Christian Baldus
42. Possession and Provincial Practice, Andrea Jordens
Obligations
43. Obligatio in Roman Law and Society, David Ibbetson
44. Contracts, Commerce and Roman Society, Roberto Fiori
45. The Scope and Function of Civil Wrongs in Roman Society, Floriana Cursi
Economics
46. Price Setting and Other Attempts to Control the Economy, Egbert Koops
47. Law, Business Ventures and Trade, Jean-Jacques Aubert
48. Urban Landlords and Tenants, Paul J. du Plessis
49. Tenure of Land and Agricultural Regulation, Dennis P. Kehoe
50. Roman Law, Markets and Market Prices, Luuk de Ligt