Download A Legal History of Rome by George Mousourakis PDF

By George Mousourakis

This ebook equips either attorney and historian with a whole historical past of Roman legislations, from its beginnings c.1000 BC via to its re-discovery in Europe the place it was once commonly utilized until eventually the eighteenth century. 

Combining a legislations specialist’s trained point of view of criminal heritage with a socio-political and cultural concentration, it examines the resources of legislation, the ways that those legislation have been utilized and enforced, and the methods the legislations was once stimulated and stepped forward, with an exploration of civil and felony approaches and specified awareness paid to criminal technology. the ultimate bankruptcy covers the heritage of Roman legislations in overdue antiquity and appraises the circulate in the direction of the codification of legislations that culminated within the ultimate assertion of Roman legislation: the Corpus Iuris Civilis of Emperor Justinian. through the e-book, George Mousourakis highlights the connection among Roman legislations and Roman existence via following the strains of the key old developments.

Including bibliographic references and arranged accessibly by way of old period, this booklet is a wonderful advent to the historical past of Roman legislation for college students of either legislation and old background.

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54 The comitia tributa was the assembly of the Roman citizens organized into groups according to their place of residence. According to Roman tradition, at the end of the regal period the city was divided into four districts or urban tribes (tribus urbanae), and the remaining Roman territory into sixteen rural tribes (tribus rusticae). 56 Shortly after the tribal system was introduced, the tribes began to hold informal meetings to discuss matters of local or general interest. These meetings assumed the standing of regular comitia in the early fifth century BC.

18 As in the case of the legis actio per iudicis arbitrive postulationem, its application was restricted to cases stipulated by legislation. However, the condictio as such was an abstract action as the formal words employed in respect thereof omitted reference to a cause of action. The condictio was a personal action that could be employed in a variety of cases, such as mutuum,19 stipulatio certa,20 contractus litteris (written contract) and furtum (theft). It also applied to cases of unjust enrichment when one person dishonestly acquired a benefit from another’s property (ex iniusta causa) or without any legal justification (sine causa).

Ex sponsione) and called upon the defendant to reply. If the defendant denied the plaintiff ’s claim, the latter requested the magistrate to appoint a iudex or an arbiter to decide the case. It seems that a iudex was appointed in cases involving claims invoked by verbal agreements, while cases concerned with the division of joint property were determined by an arbiter. 17 The legis actio per condictionem was introduced by the lex Silia (c. 204 BC) for actions directed at the recovery of a fixed sum of money (certa pecunia).

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