Synopses & Reviews
How Roman law has influenced European legal and political thought from antiquity to the present day.
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 Justinianâs 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.