Roman Law in European History
Cambridge University Press, 5/13/1999
EAN 9780521643795, ISBN10: 0521643791
Paperback, 148 pages, 22.8 x 15.2 x 0.9 cm
Language: English
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.
Part I. Introduction
Part II. Roman Law in Antiquity
1. The law of the Twelve Tables
2. Legal development by interpretation
3. The praetor and the control of remedies
4. The ius gentium and the advent of jurists
5. The Empire and the law
6. The jurists in the classical period
7. The ordering of the law
8. The culmination of classical jurisprudence
9. The division of the empire
10. Post-classical law and procedure
11. The decline of legal science
12. The end of the Western empire
13. Justinian and the Corpus iuris
Part III. The Revival of Justinian's Law
14. Roman law and Germanic law in the West
15. Church and empire
16. The rediscovery of the Digest
17. The civil law glossolators
18. Civil law and canon law
19. The attraction of the Bologna studium
20. The new learning outside Italy
21. Applied civil law
legal procedure
22. Applied civil law
legislative power
23. Civil law and custom
24. Civil law and local laws in the thirteenth century
25. The studium of Orleans
Part IV. Roman Law and the Nation State
26. The commentators
27. The impact of humanism
28. Humanism and the civil law
29. The civil law becomes a science
30. The ordering of the customary law
31. The Bartolist reaction
32. The reception of Roman law
33. The reception in Germany
34. Court practice as a source of law
35. Civil law and natural law
36. Civil law and international law
37. Theory and practice in the Netherlands
Part V. Roman Law and Codification
38. Roman law and national laws
39. The mature natural law
40. The codification movement
41. Early codifications in Germany and Austria
42. Pothier and the French Civil Code
43. The German historical school
44. Pandect-science and the German Civil Code
45. Nineteenth-century legal science outside Germany
46. Roman law in the twentieth century.