Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012
Roman law, as transmitted through the sixth century codification of Emperor Justinian, forms an important part of the intellectual background of many legal systems currently in force in Europe, Latin America, Asia and other parts of the world. Justinian sought to produce, on the basis of the legal heritage of ancient Rome, an authoritative statement of the law of his own day. During the Middle Ages and the Renaissance, however, his system (Corpus luris Civilis) was adopted through a process known as ‘Reception’ and applied as the basis of the common law (ius commune) of Continental Europe. The growth of the modern nation-state and the unification of national law through codification in the eighteenth and nineteenth centuries engendered the eventual displacement of the ius commune, and thus Roman law ceased to exist as a direct source of law. But as the drafters of the codes greatly relied on the ius commune, elements of Roman law were incorporated in different ways and to varying degrees into the national laws of Continental Europe and thereby into the legal systems of many countries around the world. But why was Roman law adopted? The medieval reception of Roman law was partly due to the lack of centralized governments and developed formal legal systems and partly due to the fact that the lands formerly governed by the Romans were accustomed to this style of thought, and accorded it wisdom and authority. A third feature, deriving almost completely from the model of the Corpus luris Civilis, was the desire of most countries to codify their law and the aspirations of later jurists for their studies to conform to this model. But Roman law was adopted not merely because it was admired, nor because its norms were particularly suitable for the social conditions in the early European nation-states (in fact, many norms of Roman law were entirely antiquated). Foremost, it was the perceived superiority of Roman law as a logical, coherent and complete system that led to the adoption of its norms. Thus, the conceptual and normative framework of Roman law furnished the foundation of the legally organized relationships of life and an important common denominator of most Western legal thinking. Knowledge of this framework therefore constitutes an essential component of a sound legal education, for without such knowledge one cannot fully understand the evolution and functioning of contemporary legal systems and institutions rooted in Roman law. To common law students and lawyers, in particular, such knowledge can provide a key to the common language of almost every other system of law that traces its origins to the European ius commune.
Books and textbooks on the discipline Roman law:
- Beggiato Martina et alii (eds.). Iulius Paulus: Ad edictum libri IV-XVI. Roma – Bristol: L'Erma di Bretschneider,2022. — 380 p. - 2022 ãîä
- Verhagen Hendrik L.. Security and Credit in Roman Law: The Historical Evolution of Pignus and Hypotheca. Oxford University Press,2022. — 448 p. - 2022 ãîä
- Du Plessis Paul J. Borkowski's. Textbook on Roman Law. Oxford University Press,2020. — 440 p. - 2020 ãîä
- Beggio T.. Paul Koschaker (1879-1951): Rediscovering the Roman Foundations of European Legal Tradition. Heidelberg: Universitätsverlag Winter,2018. — 334 p. - 2018 ãîä
- Domingo Rafael. Roman Law: An Introduction. Routledge,2018. — 252 p. - 2018 ãîä
- Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. — 339 p. - 2015 ãîä
- Birks Peter. Roman Law of Obligations. Oxford University Press,2014. — 303 p. - 2014 ãîä
- Plessis P.J. du. (ed.). New Frontiers: Law and Society in the Roman World. Edinburgh University Press,2013. — 256 p. - 2013 ãîä
- Du Plessis P.. Studying Roman Law. Bristol Classical Press,2012. — 150 p. - 2012 ãîä
- Bablitz L.. Actors and audience in the Roman courtroom. Routledge,2007. — 290 p. - 2007 ãîä
- Cairns J.W., Plessis P.J. du. (eds.). Beyond Dogmatics: Law and Society in the Roman World. Edinburgh University Press,2007. - 236 p. - 2007 ãîä
- Oudshoorn Jacobine G.. The Relationship between Roman and Local Law in the Babatha and Salome Komaise Archives. IDC Publishers,2007. — 456 p. - 2007 ãîä
- Williamson C.. The laws of the Roman people: public law in the expansion and decline of the Roman Republic. University of Michigan,2005. — 535 p. - 2005 ãîä
- Stein P.. Roman Law in European History. Cambridge University Press,2004. — 149 p. - 2004 ãîä
- Zimmermann R.. Roman law, Contemporary law, European law. Oxford University Press,2004. — 113 p. - 2004 ãîä
- Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p. - 2003 ãîä
- Baumann Richard A.. Human Rights in Ancient Rome. Routledge,2000. — 208 p. — (Routledge Classical Monographs) - 2000 ãîä
- Crook J.A.. Legal advocacy in the Roman world. Cornell University Press,1995. — 228 p. - 1995 ãîä
- Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. — 1241 p. - 1992 ãîä
- Schiller A.A.. Roman Law: Mechanisms of Development. Mouton Publishers,1978. — 606 p. - 1978 ãîä