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Beyond Dogmatics: Law and Society in the Roman World

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Edited by: John W. Cairns, Paul J. du Plessis

ISBN13: 9780748627936
Published: March 2007
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.

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Subjects:
Roman Law and Greek Law, Law and Society
Contents:
Preface
List of Contributors
List of Abbreviations
DEBATES AND CONTEXTS
Introduction: Themes and Literature
J . Cairns and P J du Plessis
1. Law and Society
A Watson
LAW AND EMPIRE
2. Legal Pluralism and the Roman Empires
K Tuori
3. Diplomatics, Law and Romanization in the Documents from the Judaean Desert
E A Meyer
LAW CODES AND CODIFICATION
4. Roman Law Codes and the Roman Legal Tradition
J Harries
5. Diocletian and the Efficacy of Public Law
R Rees
DEATH, ECONOMICS AND SUCCESSION
6. The Dutiful Legatee: Pliny, Letters V.1
A D E Lewis
7. The Hereditability of Locatio Conductio
P J du Plessis
COMMERCE AND LAW
8. Dealing with the Abyss: the Nature and Purpose of the Rhodian Sea-Law on Jettison (Lex Rhodia de Iactu, D 14.2) and the Making of Justinian's Digest
J-J Aubert
9. Suing the Paterfamilias: Theory and Practice
D Johnston
PROCEDURE
10. Lawsuits in Context
E Metzger
11. The Role of Delators
O F Robinson
Index.