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Vol 21 No 11 Nov/Dec 2016

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The Roman Law Tradition

Edited by: A.D.E. Lewis, D.J. Ibbetson

ISBN13: 9780521441995
Published: February 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £94.99
Paperback edition , ISBN13 9780521033466



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In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman Law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era.

The revival of its study in the medieval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the World colonised from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonisation and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought.

Subjects:
Roman Law and Greek Law
Contents:
Preface
Introduction: the Roman law tradition David Ibbetson and Andrew Lewis
1. Labeo and the fraudulent slave Alan Rodger
2. Doing and causing to be done Peter Birks
3. The danger of definition: contrectatio and appropriation David Ibbetson
4. Going to the fair - Jacques de Revigny on possession William M. Gordon
5. Membo giureconsulto Michael H. Crawford
6. Gentilis and the interpretation duplex J. L. Barton
7. Admiralty Alain Wijffels
8. Stair's title 'Of Liberty and Servitude' John D. Ford
9. The Actio communi dividundo in Roman and Scots law Geoffrey MacCormack
10. Sale and transfer of title in Roman and Scots Law David Johnston
11. 'What Marcellus says is against you': Roman law and Common law Andrew Lewis
12. Audi et alteram partem: a limit to judicial activity Daan Asser.