Roman Law in European History

by Peter Stein

• ISBN13: 9780521643726
• ISBN10: 0521643724
• eBook ISBN(s): 9781107385375
• Additional ISBN(s): 9780511036743
• Format: Hardcover
• Copyright: 1999-05-13
• Publisher: Cambridge University Press

Summary

This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

Table of Contents

Part I. Introduction

Part II. Roman Law in Antiquity: 1. The law of the Twelve Tables

2. Legal development by interpretation

3. The praetor and the control of remedies

4. The ius gentium and the advent of jurists

5. The Empire and the law

6. The jurists in the classical period

7. The ordering of the law

8. The culmination of classical jurisprudence

9. The division of the empire

10. Post-classical law and procedure

11. The decline of legal science

12. The end of the Western empire

13. Justinian and the Corpus iuris

Part III. The Revival of Justinian's Law: 1. Roman law and Germanic law in the West

2. Church and empire

3. The rediscovery of the Digest

4. The civil law glossolators

5. Civil law and canon law

6. The attraction of the Bologna studium

7. The new learning outside Italy

8. Applied civil law: legal procedure

9. Applied civil law: legislative power

10. Civil law and custom

11. Civil law and local laws in the thirteenth century

12. The studium of Orleans

Part IV. Roman Law and the Nation State: 1. The commentators

2. The impact of humanism

3. Humanism and the civil law

4. The civil law becomes a science

5. The ordering of the customary law

6. The Bartolist reaction

7. The reception of Roman law

8. The reception in Germany

9. Court practice as a source of law

10. Civil law and natural law

11. Civil law and international law

12. Theory and practice in the Netherlands

Part V. Roman Law and Codification: 1. Roman law and national laws

2. The mature natural law

3. The codification movement

4. Early codifications in Germany and Austria

5. Pothier and the French Civil Code

6. The German historical school

7. Pandect-science and the German Civil Code

8. Nineteenth-century legal science outside Germany

9. Roman law in the twentieth century.