By George Mousourakis
This e-book equips either attorney and historian with a whole historical past of Roman legislation, from its beginnings c.1000 BC via to its re-discovery in Europe the place it was once commonly utilized till the eighteenth century.
Combining a legislation specialist’s educated point of view of felony historical past with a socio-political and cultural concentration, it examines the resources of legislation, the ways that those legislation have been utilized and enforced, and the methods the legislations was once motivated and advanced, with an exploration of civil and felony techniques and distinctive cognizance paid to felony technological know-how. the ultimate bankruptcy covers the historical past of Roman legislations in past due antiquity and appraises the flow in the direction of the codification of legislation that culminated within the ultimate assertion of Roman legislation: the Corpus Iuris Civilis of Emperor Justinian. in the course of the ebook, George Mousourakis highlights the connection among Roman legislation and Roman existence by way of following the strains of the key ancient developments.
Including bibliographic references and arranged accessibly through historic period, this ebook is a wonderful advent to the heritage of Roman legislation for college students of either legislations and historical historical past.
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Extra resources for A Legal History of Rome
According to the jurist Pomponius and other authors, a function of the people’s assembly (comitia curiata) during the Monarchy was to vote on the laws proposed by the king. It must be recalled that in the archaic period, legislation in the modern sense and as the Romans understood it in their politically mature eras, was practically unknown. The law was mainly construed as a sacred custom and thus not subject to change by direct legislative means. The role of the comitia curiata, like that of the assembly of a gens, was in all likelihood a passive one, limited to approving (or disapproving) proposals of an extraordinary nature submitted by the king.
However, Rome evolved politically as a unitary state when the gentile organization declined and the sense of unity among the population intensified. The initially diverse customs of the different gentes underwent a process of assimilation that engendered a common body of norms, designated mores maiorum (the ways of our ancestors), for 22 S O U R C E S O F L AW governing the whole community. As the family organization replaced the earlier gentile organization, the customary rules formerly applied by the civitas to regulate inter-gentile relations were mainly wielded to manage inter-family relations.
As elaborated in the previous chapter, the Roman popular assemblies existed in two forms: those including all citizens, who voted either according to wealth (comitia centuriata) or tribe (comitia tributa); and the assembly of the plebeians (concilium plebis), which excluded the patrician upper class from its membership. Originally, legislative measures proposed by a consul were regularly submitted before the comitia centuriata. Eventually this assembly, presumably because of its cumbersome nature, was seldom convened for the purposes of legislation.
A Legal History of Rome by George Mousourakis