Crook J.A.. Legal advocacy in the Roman world. Cornell University Press,1995. — 228 p.. 1995
An appropriate title for this study, though, alas, too lacking in immediate intelligibility to be so used, would have been ?The Vicarious Voice’, for it is about A pleading on behalf of B. Books have been written, though mostly not recently, with titles such as ?The Roman Bar’;[1] and Cicero, in general and as advocate in particular, has not lacked for relatively recent studies.[2] The work done on those topics has, however, been based on certain presuppositions, and taken for granted the answers to certain questions, which might seem to be themselves in need of discussion - most basically the question why the legal order during the Roman period had advocates at all, and what their function was. When we look at a legal order as part of a historical society, and in particular at its procedural side, we ask such questions as ?Why did they have judges (or judges of such-and-such a kind)?’; ?Why juries?’ (or, if there were none, ?Why not juries?’); and, more technically in Roman law, ?Why “divided procedure”?’; ?Why condemnatio pecuniaria?’. Very well, and why advocates? Or, to begin with, how far, how universally or otherwise, was advocacy used in the law during the Roman period, and, secondly, why was it so used? For it is not self-evident that there should be advocacy. There is not necessarily anything the matter with litigants conducting their cases in person: some legal systems oblige them to do so and will have no truck with the Vicarious Voice. Can any conclusions, then, be drawn about the sort of society that does permit - or require - the litigant to have his or her case presented by another? (Readers already knowledgeable in the history of classical antiquity will at once perceive the interesting contrasts between the legal orders of Rome and of classical Athens that spring to mind when the problem is posed in such terms as these; and so, though this book is about the Roman period, the structural contrast with classical Athens will be explored.)[3]
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
- Verhagen Hendrik L.. Security and Credit in Roman Law: The Historical Evolution of Pignus and Hypotheca. Oxford University Press,2022. 448 p. - 2022
- Du Plessis Paul J. Borkowski's. Textbook on Roman Law. Oxford University Press,2020. 440 p. - 2020
- Beggio T.. Paul Koschaker (1879-1951): Rediscovering the Roman Foundations of European Legal Tradition. Heidelberg: Universitätsverlag Winter,2018. — 334 p. - 2018
- Domingo Rafael. Roman Law: An Introduction. Routledge,2018. 252 p. - 2018
- Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. 339 p. - 2015
- Birks Peter. Roman Law of Obligations. Oxford University Press,2014. — 303 p. - 2014
- Plessis P.J. du. (ed.). New Frontiers: Law and Society in the Roman World. Edinburgh University Press,2013. 256 p. - 2013
- Du Plessis P.. Studying Roman Law. Bristol Classical Press,2012. 150 p. - 2012
- Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012. 366 p. - 2012
- Bablitz L.. Actors and audience in the Roman courtroom. Routledge,2007. — 290 p. - 2007
- Cairns J.W., Plessis P.J. du. (eds.). Beyond Dogmatics: Law and Society in the Roman World. Edinburgh University Press,2007. - 236 p. - 2007
- Oudshoorn Jacobine G.. The Relationship between Roman and Local Law in the Babatha and Salome Komaise Archives. IDC Publishers,2007. 456 p. - 2007
- 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
- Stein P.. Roman Law in European History. Cambridge University Press,2004. 149 p. - 2004
- Zimmermann R.. Roman law, Contemporary law, European law. Oxford University Press,2004. 113 p. - 2004
- Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. 480 p. - 2003
- Baumann Richard A.. Human Rights in Ancient Rome. Routledge,2000. — 208 p. — (Routledge Classical Monographs) - 2000
- Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. 1241 p. - 1992
- Schiller A.A.. Roman Law: Mechanisms of Development. Mouton Publishers,1978. 606 p. - 1978