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  • Textbook
  • © 2015

Roman Law and the Origins of the Civil Law Tradition

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  • Strikes a good balance between Roman legal history and substantive Roman law, as well as between private law and criminal law

  • Offers a comprehensive survey of Roman legal history from early antiquity to early modern times

  • Includes a chapter on Byzantine Roman law – a topic not usually covered in standard introductory texts of this kind

  • Exposition is clear, well-structured and easy to read. The references in the text are accurate and helpful. At the end of the book there is an extensive bibliography for further reading on the topics discussed

  • Achieves a perfect balance between sound scholarship and readability and can be read with profit by both advanced readers and novices

  • Relates the evolution of law to parallel developments in social and political history, offering useful insights on relevant social, political and economic events

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USD 44.99
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  • ISBN: 978-3-319-12268-7
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  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book
USD 59.99
Price excludes VAT (USA)
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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xvi
  2. The Sources of Roman Law

    • George Mousourakis
    Pages 27-94
  3. The Private Law

    • George Mousourakis
    Pages 95-157
  4. Criminal Law and Criminal Justice

    • George Mousourakis
    Pages 159-191
  5. The Codification of Roman Law

    • George Mousourakis
    Pages 193-211
  6. Roman Law and Byzantine Imperial Legislation

    • George Mousourakis
    Pages 213-231
  7. Codification and the Rise of Modern Civil Law

    • George Mousourakis
    Pages 287-309
  8. Back Matter

    Pages 311-328

About this book

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history.

The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Keywords

  • Civil law tradition
  • Codification
  • Legal history
  • Legal systems
  • Roman law

Authors and Affiliations

  • Faculty of Law, University of Auckland, Auckland, New Zealand

    George Mousourakis

Bibliographic Information

Buying options

eBook
USD 44.99
Price excludes VAT (USA)
  • ISBN: 978-3-319-12268-7
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book
USD 59.99
Price excludes VAT (USA)
Hardcover Book
USD 89.99
Price excludes VAT (USA)