scholarly journals Hermeneutics in Ancient Roman Law

2021 ◽  
Vol 3 ◽  
pp. 9-10
Author(s):  
Marianna O. Akopdzhanova ◽  

The article is devoted to the research of the role and significance of hermeneutics in the process of formation and development of the norms of ancient Roman law, as well as its influence on the subsequent improvement of legal institutions.

Author(s):  
Adrian Häusler

AbstractLast Wills in Greek Terms in the Works of Q.C. Scaevola, Paulus and Modestinus. Several responsa from the writings of Q.C. Scaevola, Paulus and Modestinus report trust dispositions in Greek terms. These last wills appear before the constitutio Antoniniana and possibly after the decree de Graecis litteris (224-235 AD) of Alexander Severus. The content of these trusts was often highlighted as evidence for the contrast, in the provincial practice, between local peregrine laws or customs and the classical Roman law. However, the analysis of these Greek provisions implies that non-Roman legal institutions are quite scarce. The attention of the jurists is therefore primarily related to the challenge of bilingual legal communication and the ordinary need to interpret testamentary dispositions.


Author(s):  
Pascual Tamburri Bariain

Ha primado, en el estudio de las Universidades medievales, el atractivo de la historia institucional sobre el indudable interés de la vida, inquietudes y perspectivas de los estudiantes mismos. Bolonia posee unas fuentes documentales notariales, los regisros fiscales de los Memoriali, y otros testimonios igualmente preciosos, que permiten trazar un panorama de la presencia española en la gran Universidad italiana a lo largo del primer tercio del siglo xiv. El objeto de la investigación es la vida, las actividades y la organización interna de la comunidad estudiantil española en Bolonia, y el papel de los jóvenes escolares, principalmente juristas, en la evolución del Estudio y de la ciudad. La conclusión esencial del trabajo es que las relaciones intelectuales entre Italia y España durante este período se basaron más en la presencia de estudiantes que en la de maestros (a diferencia del siglo anterior) o que en los vínculos institucionales (como en la época posterior), dando como resultado una convivencia panhispánica imposible en otros contextos.Much effort has been devoted to the study of the transmission of the Román Law in the Western Middie Ages. Even if that work has proved extremely useful, the subject of the study have often been the ideas, and the political and legal institutions - thus forgetting the people that made their extensión possible. With the precious prívate documentation contained in the bolognese Memoriali, helped by additional Information offered by the local criminal court acts, here is analysed the Spanish presence in the first Hallan University in the first thirty years of the 14th century. The object of this research is the Ufe, activities and organisation of the Spaniards in Bologne, and ttie role of those young jurists in the municipal and University evolution. The main conclusión of the work is that the intellectual link between Italy and Spain over that period was based on the continuous affiuence of students that never ceased completely.


Rome is the only western society that autonomously grew a legal profession distinct from the political and religious power. Roman legal thought and the institutions that it generated have had and continue to have an enormous influence on legal thinking in the western world and beyond. This book investigates the economics of Roman legal institutions, their functions and their evolution. It brings together most of the scholars that have been active in this field in recent years from three interconnected perspectives: legal history, economic history, and the economic analysis of law. The book has three purposes. The first goal is to demonstrate the existence of a fertile field of studies that has been overshadowed by discussions on the applicability of modern methods to the study of ancient societies. This book is an example of how this approach can be combined with due deference to the historical context. The second goal is to show that the inquiry is interesting both for students of history and for students of economics. The former will hopefully appreciate that the application of modern economic techniques sheds new light on the emergence and evolution of legal institutions in response to changes in the underlying economic activities that those institutions regulated. The latter are invited to consider a unique and relatively well-documented time series on economic, political, social, and legal variables covering approximately one thousand years. The third goal is to provide an economic and historical analysis of the most salient legal institutions of the Roman world and to introduce the reader to a set of empirical and theoretical methods.


Rome is the only western society that autonomously grew a legal profession distinct from the political and religious power. Roman legal thought and the institutions that it generated have had and continue to have an enormous influence on legal thinking in the western world and beyond. This book investigates the economics of Roman legal institutions, their functions and their evolution. It brings together most of the scholars that have been active in this field in recent years from three interconnected perspectives: legal history, economic history and the economic analysis of law. The book has three purposes. The first goal is to demonstrate the existence of a fertile field of studies that has been overshadowed by discussions on the applicability of modern methods to the study of ancient societies. This book is an example of how this approach can be combined with due deference to the historical context. The second goal is to show that the inquiry is interesting both for students of history and for students of economics. The former will hopefully appreciate that the application of modern economic techniques sheds new light on the emergence and evolution of legal institutions in response to changes in the underlying economic activities that those institutions regulated. The latter are invited to consider a unique and relatively well-documented time series on economic, political, social and legal variables covering approximately 1000 years. The third goal is to provide an economic and historical analysis of the most salient legal institutions of the Roman world and to introduce the reader to a set of empirical and theoretical methods.


Author(s):  
Adrian Häusler

Abstract Last Wills in Greek Terms in the Works of Q.C. Scaevola, Paulus and Modestinus. Several responsa from the writings of Q.C. Scaevola, Paulus and Modestinus report trust dispositions in Greek terms. These last wills appear before the constitutio Antoniniana and possibly after the decree de Graecis litteris (224-235 AD) of Alexander Severus. The content of these trusts was often highlighted as evidence for the contrast, in the provincial practice, between local peregrine laws or customs and the classical Roman law. However, the analysis of these Greek provisions implies that non-Roman legal institutions are quite scarce. The attention of the jurists is therefore primarily related to the challenge of bilingual legal communication and the ordinary need to interpret testamentary dispositions.


Author(s):  
David Johnston

This chapter focuses on fiduciary principles that operate in the Roman law. It first provides an overview of Roman legal institutions and their key features, asking whether an institution involves a fiduciary relationship or otherwise shows fiduciary principles at work. Key institutions in the law of persons or status (patria potestas, tutela or tutorship, cura), contract (fiducia, mandatum), property (“bonitary owner,” dos or dowry, usufruct, peculium), and succession (fideicommissum, foundations or trusts for purposes) which might be thought to involve a fiduciary element are considered. The chapter proceeds by discussing principles of the modern law of trusts or fiduciary law and the extent to which they appear in Roman law, with emphasis on equitable principles and good faith, ownership, fiduciary administration of property, and conflict of interest. Finally, it examines remedies developed by the courts of equity to protect the beneficiary’s interests.


1984 ◽  
Vol 2 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Alan Watson

I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.


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