VIII. Parakatatheke und letztwillige Verfügungen: Zum Hintergrund von D. 32,37,5

2021 ◽  
Vol 138 (1) ◽  
pp. 338-378
Author(s):  
Éva Jakab
Keyword(s):  
Everyday Life ◽  
Roman Law ◽  
Legal Practice ◽  
Unique Decision

Abstract Parakatatheke and last wills: on the background of D. 32.37.5. Already Hans Julius Wolff refused the idea of a hermetical isolation between Roman law and local (provincial) legal practice in everyday life. Following his trace, this contribution will show that legal intercourse between different classes of provincial populace was far more intensive than generally assumed. Focusing on the period before the Constitutio Antoniniana (212 AD), a detailed exegesis of a unique decision of Scaevola follows. The Roman jurist delivers a paradigmatic case: He settles a dispute in which the Greek formula of parakatatheke was used by a Roman citizen for disposing about his assets on death. In fact, the legal act should be considered ineffective under Roman law. However, Scaevola looked for ways to enforce the claim. Roman law and provincial legal custom: Scaevola’s decision sheds a new light on the creative approach of Roman jurisdiction regarding foreign legal thoughts.

scholarly journals EI FORAS, MULIER, CZYLI ROZWÓD W KOMEDIACH PLAUTA

2017 ◽  
Vol 4 (1) ◽  
pp. 7 ◽  
Author(s):  
Anna Tarwacka
Keyword(s):  
Everyday Life ◽  
Legal Aspects ◽  
Roman Law ◽  
Original Text ◽  
Sexual Contacts ◽  
As If ◽  
New Comedy

El FORAS MULIER, VIZ. DIVORCE IN PLAUTUS’ COMEDIESSummary The Romans treated law as a very important element of everyday life. That is why their literature is so full of allusions to law.Plautus wrote his comedies for nearly 30 years, between 210 and 184B.C. His plays were based on the Greek Middle and New Comedy. It isnot always easy to distinguish the parts where he refers to Roman law fromthose where he simply translates the original text without making anychanges.In many of Plautus’ plays we can find information about divorce, though divorce was never shown on the stage for obvious moral reasons.In Menaechmi the husband threatens his wife with repudium because hefeels a slave in his own house - an ideal wife should - under no circumstances - spy on her husband or even ask him about his affairs. The position of a men in this relationship is rather weak - his wife brought a largedowry and he is simply afraid of what he could lose by ending his marriage. In Mercator Syra, a slave-woman, comments that husbans are allowed tohave sexual contacts with other women, whereas their wives can be easilyrepudiated even if seen outside their houses without a permission. Thereseems to have been no possibility for a woman to demand divorce in Romeof the III/II century B. C. Plautus uses this fact for comical purposes. InAmphitruo Alcumena speaks the formula of repudium as if backwords: tibihabeas res tuasy reddas meas, making it sound as if it was her husband to repudiate her.Plautus gives a lot of evidence that divorces were quite common in histimes and that the Romans knew perfectly all its legal aspects.

Law, Empire, and Identity between West and East

2020 ◽  
pp. 417-435
Author(s):  
Benedikt Eckhardt
Keyword(s):  
Case Studies ◽  
Roman Law ◽  
Legal Practice ◽  
Municipal Law ◽  
Multiple Uses ◽  
The Rich ◽  
Legal Forms ◽  
Rich Material

Compared to the rich material from Egypt, evidence for law and legal practice in the Danubian provinces is rather slim. Still, inscriptions offer some insights into how Roman law was received, applied, and transformed in the second and early third centuries CE. Moving from West to East, the article will discuss three case studies and their wider implications. The rescript of Septimius Severus regarding membership in a collegium centonariorum at Solva in Noricum not only shows the emperor directly involved in a legal dispute, but also testifies to the application of the rules on collegia vel corpora known from the Digest. The wax tablets from Alburnus Maior in Dacia show how private legal practice could be shaped by Roman models, but diverge from them as people saw fit, leading to legal forms that have been frowned upon as ‘invalid’ by scholars of Roman law, but must have been useful to people at that time and place. Finally, the new municipal law from Troesmis in Moesia Inferior can be understood as a symbolic assertion of Roman identity in a region bordering on the barbaricum. From a range of rather different epigraphical sources, the multiple uses of Roman law can be deduced, leading to an overall impression that is not entirely different from what is found in the East.

The Decision of Septimius Severus and Caracalla on longi temporis praescriptio (BGU 267 and P.Strass. 22)

2020 ◽  
pp. 65-83
Author(s):  
Anna Plisecka
Keyword(s):  
Roman Law ◽  
Legal Practice ◽  
History Of

In the provinces, the emperor is the representative of the centralized empire and in his decisions and regulations he therefore mainly used Roman law. The institute of long-lasting possession has a scholarly history of being traced back to either Roman or provincial law, and thus the debates encapsulate many of the recurring tensions between provincial practice and centralizing tendencies. Through a detailed study of two documents pertaining to the longi temporis praescriptio that record the decision of Septimius Severus and Caracalla (BGU 267 and P. Strass. 22), this article locates the origins of the institute firmly in a provincial context and explains how the emperor was confronted with the requirements of provincial legal practice.

Legal Evidence

2019 ◽  
Author(s):  
Jane F. Gardner
Keyword(s):  
Everyday Life ◽  
Roman Law ◽  
Ancient Greek ◽  
Legal Evidence

Roman law is documented in greater detail than that of any ancient Greek state, principally through an enormous corpus of legal writings. The four most important are the so-called Twelve Tables, the Institutes of Gaius, the Codex of Justinian, and Justinian’s Digest. Legal writings can shed important light on slavery in Roman life, especially when combined with the evidence of inscriptions; but much of their content is anecdotal, sometimes hypothetical. Frequency of mention of a given situation in juristic writings does not necessarily correspond to its frequency in litigation, let alone in everyday life. Moreover, little in Roman law is directly or exclusively concerned with slaves—there is, arguably, no Roman law of slavery.

Village or Town? Did It Matter for Making Wills in Roman Egypt?

2020 ◽  
pp. 109-121
Author(s):  
Maria Nowak
Keyword(s):  
Roman Law ◽  
Legal Practice ◽  
Roman Egypt

This chapter examines whether and in what ways legal practice differed in villages and metropoleis in Roman Egypt. A key question that will be asked if whether people living in villages and metroploeis could access the same legal instrumenta and if so, whether this involved higher costs for villagers. The focus will be the wills, since in both Roman law and local legal practice this type of document required a certain level of solemnity and had original character in comparison with other legal deeds.

scholarly journals О ВЛИЯНИИ РИМСКОГО ПРАВА НА ИСЛАМСКОЕ ПРАВО

2019 ◽  
Vol 13 ◽  
pp. 310-320
Author(s):  
Х. Н. Бехруз
Keyword(s):  
Islamic Law ◽  
Roman Law ◽  
Direct Influence ◽  
Legal Practice ◽  
Indirect Influence ◽  
Xix Century

В статье исследуется вопрос о характере и степени влияния римского права на ислам­ское право в контексте функционирования правовых доктрин, источников, а также структуры права. Анализируются формы такого влияния. Отмечается, что определенные поло­жения, принципы и нормы римского права оказали как прямое, так и косвенное влияние на формирование отдельных положений исламского права. Указано на усилении такого влияния начиная с XIX в., когда имело место прямое заимствование норм и институтов романо-германского права, сформировавшегося под прямым влиянием римского права. Речь не идет о прямой рецепции положений римского права. Некоторые из них были включены как результат исламизации сложившейся правовой практики путем принятия норм, не противоречащих основным положениям и принципам исламского права.   The article investigates the question on character and degree of impact of the Roman law on the Islamic law in context of the functioning of legal doctrines, sources and also structure of law. The forms of such influence have been analysed. It is noticed that certain provisions, principles and norms of the Roman law have rendered both dirrect, and indirect influence on formation of separate provisons of the Islamic law. It is specified on strengthening of such influence, since XIX century, when direct reception of the norms and institutes of the romano-germanic law generated under direct influence of the Roman law, took place. The direct reception of the provisions of the Roman law is not at issue. Some of them have been included as a result of the islamization of the established legal practice through the acceptance of the norms which do not contradict to the substantive provisions and principles of the Islamic law.

Het Juridische Tijdschrift Gevestigd; Den Tex En Van Hall's 'Bijdragen Tot Regtsgeleerdheid En Wetgeving' (1826-1838)

1993 ◽  
Vol 61 (1-2) ◽  
pp. 97-119
Author(s):  
G.C.J.J. Van Den Bergh ◽  
C.J.H. Jansen
Keyword(s):  
Legal History ◽  
Legal Issues ◽  
Roman Law ◽  
Main Concern ◽  
Court Decisions ◽  
Legal Practice ◽  
Historical School ◽  
Legal Literature ◽  
Great Tradition ◽  
Law Professors

AbstractAfter some attempts in the eighteenth century and the first decade of the nineteenth, the law review finally established itself in the Netherlands with the Bijdragen tot Regtsgeleerdheid en Wetgeving, which C.A. den Tex and J. van Hall brought out in 1826. Under different names the review existed until 1894. The review naturally reflects current legal issues in its time and offers its readers valuable yearly surveys of new legislation, court decisions and legal literature appearing in France, Germany and England. The codification process is followed critically. There is as yet no trace of legalism. Court decisions get as much attention as legislation, if not more. But that is not the main concern. The advancement of legal scholarship in the great tradition of the famous Dutch school is an important motive of the editors. Roman law and legal history are very prominent. But law-professors are not; they are out-numbered by far by learned advocates. As far as Roman law is concerned the editors hold that since it is no longer in force, it must be studied historically. One is bound no more to the canon of texts in the Corpus Juris or the doctrines well established in legal practice for ages, but historically untenable. New finds like Gaius' Institutes and the Fragmenta vaticana are welcomed and studied assiduously. The influence of Savigny and the Historical School is prominent, but criticism does not fail. The editors publicly reject the formation of schools, because these inevitably create one-sidedness.

In Hiding, 1942–44

2020 ◽  
pp. 156-170
Author(s):  
Ann Jefferson
Keyword(s):  
Everyday Life ◽  
Legal Practice ◽  
Nathalie Sarraute ◽  
The Village ◽  
Occupied Zone

This chapter describes the continuous imposition of anti-Semitic measures on all parts of everyday life for Jews in the Occupied Zone by the summer of 1942. It recounts Raymond Sarraute's return from Drancy after being cleared of any suspicion of Jewishness and the practical measures he came up with to keep his wife, Nathalie Sarraute, out of harm's way. It talks about Nathalie and her family's stay at a gardener's cottage in the village of Janvry, which Raymond visits on the weekend after he resumed his legal practice. The chapter details how Nathalie resumed her writing in the café two doors along from the cottage, where completed what she later described as a sequel to “tropisms.” It mentions Raymond's participation in various Resistance groups, including one supported by the lawyers at the Paris Bar.

Greek Philosophy and Classical Roman Law

2016 ◽  
Author(s):  
Jacob Giltaij
Keyword(s):  
Natural Law ◽  
Roman Law ◽  
Legal Practice ◽  
Greek Philosophy ◽  
Methodological Difficulties

This chapter explores the relation between Greek philosophy and classical Roman law, focusing on various currents as intellectual backgrounds to the works of individual jurists as well as apparently philosophical notions and theories present in the Roman legal sources. These notions range from systematic considerations such as the subdivision of certain legal categories, to moral and ethical concepts like justice and natural law. Even though there are many methodological difficulties associated with exploring the relation between Greek philosophy and Roman law, it seems certain the Roman jurists employed Greek philosophy in a scientific manner in their legal practice, to define and elucidate points of law, and perhaps even to develop new legal theories.

Borkowski's Textbook on Roman Law

2020 ◽  
Author(s):  
Paul J. du Plessis
Keyword(s):  
Historical Context ◽  
Roman Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Sixth Edition ◽  
Wide Range ◽  
Recent Developments ◽  
Key Topics ◽  
The Law ◽  
The Impact

Course-focused and comprehensive, Borkowski’s Textbook on Roman Law provide an accessible overview of the key areas on the law curriculum. Borkowski’s Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the sixth edition, the text has been comprehensively reviewed and references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added where these illuminate legal doctrine. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law have been included to reflect the most recent developments in the field.

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