HISTORICAL INTRODUCTION TO THE STUDY OF ROMAN LAW THIRD EDITIONPDF电子书下载

1 Periods in the history of Rome and in the history of her law 1

Periods in history 1

Periods in the history of the law 4

2 The republican constitution 8

Elements 8

The struggle between the orders 9

The assemblies of the people 17

Characteristics and procedure of Roman assemblies 27

The senate 30

The magistracies 45

3 Italy and the provinces during the republic 58

Italy 58

The provinces 66

Excursus -Double citizenship 71

4 Social conditions and the different classes of the population during the republic 75

5 Sources of law in the republic 86

Lex and plebiscitum 86

Interpretatio 88

Edicta magistratuum 97

Custom 101

6 Law for foreigners, ius gentium and ius naturale 102

7 The Ⅻ Tables 108

8 The law of the family and of succession at the time of the Ⅻ Tables 114

Marriage 114

Patria potestas 118

Guardianship 121

The agnatic relationship 122

Succession on death 123

Intestate succession 124

Testamentary succession 126

9 Slavery and manumission at the time of the Ⅻ Tables 133

10 The law of property at the time of the Ⅻ Tables 137

Res mancipi and nec mancipi 137

Ownership 140

Methods of acquiring ownership 143

Restrictions on ownership 156

11 The law of obgations at the time of the Ⅻ Tables 159

Introduction 159

Nexum 164

Delict 167

12 The law of procedure at the time of the Ⅻ Tables 175

Summons （in ius vocatio） 175

Trial 176

Execution 187

13 Private law from the Ⅻ Tables to the fall of the republic:procedure 191

Changes in the system of legis actiones 192

The formulary system 199

14 Private law from the Ⅻ Tables to the fall of the republic:the law of the family and of succession 233

Marriage 233

Patria potestas and bondage 238

Guardianship 239

Succession 242

15 Private law from the Ⅻ Tables to the fall of the republic:the law of slavery and manumission 256

16 Private law from the Ⅻ Tables to the fall of the republic:the law of property 259

The possessory interdicts 259

Origin of the possessory interdicts 261

The actio Publiciana and the development of ‘ bonitary’ ownership 263

Ownership of provincial land 267

Ownership by peregrini 268

Iura in re aliena 268

17 Private law from the Ⅻ Tables to the fall of the republic:the law of obligations 271

Delict 272

Contract 279

18 Criminal law in the republic 305

From the Ⅻ Tables until the legislation of Sulla 305

The quaestiones perpetuae after Sulla 318

19 The constitution under the principate 321

The beginnings of the principate 321

The development of the principate 324

20 Classes of the population and the government of the cities under the principate 345

The extension of the citizenship 345

20 Classes of the population and the government of the cities under the principate - continued Local government 347

Classes of the population 350

21 Sources of law in the principate 353

The old sources 353

The new sources 363

22 Legal science during the principate 374

The work of the jurists 374

The two schools 378

The chief individual jurists 380

23 Jurisdiction and procedure in the principate 395

General 395

Innovations in civil procedure 397

Criminal jurisdiction 401

24 General character of the classical law 405

Introductory 405

Influences and methods 406

Decreasing formalism and rigidity 408

Increasing tendency towards abstract methods of thought 412

Increased use of writing 414

25 The constitution under the Dominate 421

The imperial power 421

The administrative machine 423

The senates and the remaining republican magistracies 431

Classes of the population 433

26 Procedure and jurisdiction in the Dominate 439

Civil procedure 439

The courts and jurisdiction 445

27 Sources from the end of the classical period to the accession of Justinian 451

Legal science 451

Imperial legislation 460

The barbarian codes 466

28 The character of the law from the end of the classical period to the accession of Justinian 469

The reception of Greek institutions 469

Vulgar law ’ 473

29 The legislation of Justinian 478

The course of legislation 479

Legal education 498

The history of Justinian’s legislation in the East 500

30 General character of Justinian’s law 505

Index 517