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Introduction to Roman Law, in Twelve Academical Lectures

Introduction to Roman Law, in Twelve Academical Lectures


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: LECTURE III. THE ROMAN LAW BEFORE JUSTINIAN. No law-system can be understood thoroughly without some knowledge of its history and development. The history of the Roman law from the Twelve Tables to Justinian falls naturally into three almost equal periods, coinciding nearly with the times of the republic, the heathen emperors, and the Christian emperors. 1. From 450 to 100 u. c., marked by a progressive liberalization of the law. 2. From 100 B. c. to 250 A. D., marked by the creation of a scientific law-literature. 8. From 250 to 550 A. D. (toward the close of Justinian's reign), marked by the codification of the law. Third Period.?Its codes were, the Gregorian and Hermogenian in the fourth century, the Theodosian in the fifth, and the Justinian in the sixth. Its character as a time of decline, without originality or independence, is shown in a law of the fifth century, which, after designating certain earlier law-writers as authoritative, directed the judge, when these differed, to follow the majority, only exercising his own judgment when the numbers were equal, and not always then. Second Period.?Its scientific law-literature was produced by a class of men called jurisconsulti (jurisprudentes, jurisperiti), distinct from pleaders (oralores), judges (judices), and magistrates (chiefly praetores). The orator had to maintain his client's cause before thejudex; thejudex (very different from our judges) had to investigate and decide an issue presented to him in a formula from the praetor; the prcelor (who held the middle step in a course of political honors) had to construct from allegations of the parties such a formula, or precise statement of the issue. All these depended on the jurisconsults for legal knowledge and counsel. The first jurisconsults were in general ...


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Product Details
  • ISBN-13: 9780217934749
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 88
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 0217934749
  • Publisher Date: 07 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 172 gr

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