Justinian's Institutes. Trans, and ed. P. Birks and G. McLeod with the Latin text of P. Krueger. (Texts in Roman Law.) London: Duckworth, 1987. Pp. 160. ISBN 0-7156-2110-6 (bound), 0-7156-2165-3 (paper). - The Institutes of Gaius. Trans, and ed. W. M. Gordon and O. F. Robinson with the Latin text of Seckel and Kuebler. (Texts in Roman law.) London: Duckworth, 1988. Pp. 579. ISBN 0-7156-2504-7.

1989 ◽  
Vol 79 ◽  
pp. 266-266
Author(s):  
David Ingsley
Keyword(s):  
Informatics ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 44
Author(s):  
Marton Ribary ◽  
Barbara McGillivray

Traditional philological methods in Roman legal scholarship such as close reading and strict juristic reasoning have analysed law in extraordinary detail. Such methods, however, have paid less attention to the empirical characteristics of legal texts and occasionally projected an abstract framework onto the sources. The paper presents a series of computer-assisted methods to open new frontiers of inquiry. Using a Python coding environment, we have built a relational database of the Latin text of the Digest, a historical sourcebook of Roman law compiled under the order of Emperor Justinian in 533 CE. Subsequently, we investigated the structure of Roman law by automatically clustering the sections of the Digest according to their linguistic profile. Finally, we explored the characteristics of Roman legal language according to the principles and methods of computational distributional semantics. Our research has discovered an empirical structure of Roman law which arises from the sources themselves and complements the dominant scholarly assumption that Roman law rests on abstract structures. By building and comparing Latin word embeddings models, we were also able to detect a semantic split in words with general and legal sense. These investigations point to a practical focus in Roman law which is consistent with the view that ancient law schools were more interested in training lawyers for practice rather than in philosophical neatness.


1933 ◽  
Vol 5 (1) ◽  
pp. 46-60
Author(s):  
D. T. Oliver

The addition, four years ago, to the Loeb Classical Library of the Nodes Atticae of Aulus Gellius has made available to English readers in a most convenient form a work of great interest and value to students of Roman Law. The Latin text has been edited with an English translation by Dr. Rolfe of the University of Pennsylvania, who appears to me to have performed a difficult task in a most satisfactory manner, and although, perhaps, not above criticism in dealing with some passages of technical import, to have produced a translation which will rank as the standard English version of this work for many years. In the extracts quoted from the work in this paper I have freely availed myself of Dr. Rolfe's translation, making only such modifications as will, I think, bring out more accurately words or passages of technical application.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.


1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.


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