Legal Advocacy in the Roman World PDF Download

Author: John Anthony Crook
Publisher: Bloomsbury Academic
ISBN:
Category : Justice, Administration of (Roman law)
Languages : en
Pages : 238

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Author: Jill Harries
Publisher: Cambridge University Press
ISBN: 1316582957
Category : History
Languages : en
Pages : 160

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Book Description
What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.

Author: Elizabeth A. Meyer
Publisher: Cambridge University Press
ISBN: 1139449117
Category : History
Languages : en
Pages : 371

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Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.

Author: Andrew M. Riggsby
Publisher: Cambridge University Press
ISBN: 052168711X
Category : History
Languages : en
Pages : 295

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Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Author: Dennis P. Kehoe
Publisher: University of Michigan Press
ISBN: 047202535X
Category : History
Languages : en
Pages : 268

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The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy. Dennis P. Kehoe is Professor of Classical Studies at Tulane University. He is the author of several books, including Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy(University of Michigan Press, 1997). "Kehoe brings his deep expertise in Roman land tenure systems and his broad knowledge of the methodologies of New Institutional Economics to bear on questions of fundamental importance regarding the relationship of Roman law and society. Was governmental policy on agriculture designed to benefit large landowners or small farmers? What impact did it have on the rural economy? The fascinating answers Kehoe provides in this pathbreaking work should occasion a major reassessment of such problems by social and legal historians." ---Thomas McGinn, Department of Classical Studies at Vanderbilt University, and author of The Economy of Prostitution in the Roman World: A Study of Social History and the Brothel and Prostitution, Sexuality, and the Law in Ancient Rome "A ground-breaking study using the principles of New Institutional Economics to analyze the impact of legal policy in balancing the interests of Roman tenant-farmers and landowners in the 2-4 centuries C.E. Kehoe's book will be essential reading for historians of the Roman Empire, demonstrating how the government overcame challenges and contradictions as it sought to regulate this enormous sector of the economy." ---Susan D. Martin, Department of Classics, University of Tennessee "In Law and the Rural Economy, Kehoe brings to life the workings of the ancient economy and the Roman legal system. By analyzing interactions between the imperial government, landlords, and tenant farmers in provinces across the Empire, Kehoe opens insights into imperial economic policy. He handles a variety of challenging sources with mastery and wit, and his knowledge of scholarship is extensive and thorough, covering ancient history, textual problems in the sources, legal history and, perhaps most impressively, the modern fields of economic theory and 'law and economics.' Kehoe's innovative and sophisticated methodology sets his work apart. The book will make an important contribution to our understanding of access to the law and the effectiveness of the legal system, important topics for scholars of law, ancient and modern." ---Cynthia J. Bannon, Department of Classical Studies, Indiana University

Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Category : History
Languages : en
Pages : 650

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Book Description
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

Author: Paul du Plessis
Publisher: Oxford University Press, USA
ISBN: 019957488X
Category : Language Arts & Disciplines
Languages : en
Pages : 447

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Book Description
Borkowski's Textbook on Roman Law provides a clear and concise overview of Roman private law and civil procedure, supported by numerous extracts in translation from the Digest and Institutes. The book has been written with undergraduate students in mind and covers all key areas commonly taught on Roman law courses at undergraduate level.

Author: Paul J. du Plessis
Publisher: Oxford University Press
ISBN: 0198728689
Category : History
Languages : en
Pages : 753

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Book Description
Sumario: Front Matter - Part I Introduction - Part II Reading Roman Law - Part III The Constitutional Structure of the Roman State- Part IV Legal Professionals and Legal Culture - Part V Settling Disputes - Part VI Persons before the Law - Part VII Legal Relations - End Matter.

Author: Paul J. du Plessis
Publisher: Oxford University Press, USA
ISBN: 0198848013
Category : Roman law
Languages : en
Pages : 437

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Book Description
Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.

Author: Jonathan Powell
Publisher: OUP Oxford
ISBN: 0191541516
Category : Literary Criticism
Languages : en
Pages : 460

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This is the first book in English to take Cicero's forensic speeches seriously as acts of advocacy, i.e. as designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It seeks to set the speeches within the context of the court system of the Late Roman Republic and to explore in detail the strategies available to Roman advocates to win the votes of jurors. The volume comprises a substantial introduction, fourteen chapters by prominent Ciceronian scholars in Britain, North America, and Germany, and a final chapter by a current British Appeal Court judge who comments on Cicero's techniques from the point of view of a modern advocate. The introduction deals with issues concerning the general nature of advocacy, the Roman court system as compared with other ancient and modern systems, the Roman 'profession' of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. The first eight chapters discuss general themes: legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal, the last of these especially in the concluding sections of his speeches. Chapters 9-14 examine a range of particular speeches as case studies - In Verrem II.1 (from Cicero's only major extant prosecution case), Pro Archia, De Domo Sua, Pro Caecina, Pro Cluentio, Pro Ligario. These speeches cover the period of the height of Cicero's career, from 70 BC, when Cicero became acknowledged as the leading Roman advocate, to 49 BC when Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances, and they contain arguments on a wide range of subject-matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences. Other speeches, including all the better-known ones, are used as illustrative examples in the introduction and in the more general chapters. An appendix lists all Cicero's known appearances as an advocate.