Roman Law in European HistoryRoman law has had a huge impact on European legal and political thought; Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. Professor Stein 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 depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. |
Contents
Introduction | 1 |
Roman law in antiquity | 3 |
2 Legal development by interpretation | 7 |
3 The praetor and the control of Remedies | 8 |
4 The ius gentium and the advent of jurists | 12 |
5 The empire and the law | 14 |
6 The jurists in the classical period | 16 |
7 The Ordering of the law | 18 |
12 The School of Orleans | 67 |
Roman law and the nation state | 71 |
2 The impact of humanism | 75 |
3 Humanism and the civil law | 76 |
4 The civil law becomes a science | 79 |
5 The Ordering of the customary law | 83 |
6 The Bartolist reaction | 85 |
7 The Reception of Roman Law | 86 |
8 The Culmination of classical jurisprudence | 20 |
9 The division of the empire | 22 |
1O Postclassical law | 24 |
11 The end of the western empire | 29 |
12 Justinian and the Corpus juries | 32 |
The revival of Justinians law | 38 |
2 Church and empire | 41 |
3 The Rediscovery of the Digest | 43 |
4 The civil law glossators | 45 |
5 Civil law and canon law | 49 |
6 The attraction of the Bologna studium | 52 |
7 The new learning outside Italy | 54 |
legal procedure | 57 |
legislative power | 59 |
10 Civil law and custom | 61 |
11 Civil law and local laws in the thirteenth century | 64 |
8 The Reception in Germany | 88 |
9 Court practice as a source of law | 92 |
10 Civil law and natural law | 94 |
11 Civil law and international law | 96 |
12 Theory and practice in the Netherlands | 97 |
Roman law and codification | 104 |
2 The mature natural law | 107 |
3 The codification movement | 110 |
4 Early codification in Germany and Austria | 111 |
5 Pother and the French Civil Code | 114 |
6 The German Historical School | 115 |
8 NineteenthCentury legal Science outside Germany | 123 |
9 Roman law in the twentieth century | 128 |
| 133 | |
Other editions - View all
Common terms and phrases
action ancient applied argument authority Bartolist Bartolus became Bologna Bulgarus canon law canonists Christian Church cited citizens civil code civil lawyers claim codification collection commentaries compilers concerned Constitutio Antoniniana Corpus iuris Corpus iuris civilis court custom customary law defendant derived Digest disputes Donellus edict emperor England Europe European feudal France French Gaius German law Gloss glossators humanist influence Institutes interpretation Irnerius Italian Italy iudex iuris civilis ius commune judges jurists Justinian Justinian's law Justinian's texts later Latin legal development legal science legislation Lombard lord medieval ment natural law obligations original Pandect-science Papinian particular parties Pavia Pope practice praetor principles private law problems procedure published recognised republic Roman civil law Roman law Roman legal Romano-canonical Rome rules Savigny Savigny's scholars sixteenth century society teaching tion traditional treatise twelfth century Twelve Tables Ulpian vassal Visigoths whole writing written