Lewis A.D.E., Ibbetson D.J. The Roman Law Tradition

Cambridge University Press, 1994. — 234 p. — ISBN: ISBN 0-521-44199-4
In The Roman Law Tradition an international team of distinguished legal scholars explore the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era. The revival of its study in the mediaeval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the world colonised from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonisation and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought. Few scholars have written as widely and influentially on the Roman legal tradition as Peter Stein, former Regius Professor of Civil Law in the University of Cambridge. As a tribute to and continuation of his work, the present volume brings together twelve studies, ranging in time from republican Rome to the European Court of Human Rights, which together provide an emphatic endorsement of the continued importance and vitality of that tradition.Foreword: Peter Stein, Regius Professor of Civil Law in the University of Cambridge, 1968-19931 The Roman law tradition
2 Labeo and the fraudulent slave
3 Doing and causing to be done
4 The danger of definition: contrectatio and appropriation
5 Going to the fair - Jacques de Revigny on possession
6 Bembo giureconsulto?
7 Gentilis and the interpretatio duplex
8 Ius gentium in the practice of the Court of Admiraltyaround 1600
9 Stair's title 'Of Liberty and Servitude'
10 The actio communi dividundo in Roman and Scots law
11 Sale and transfer of title in Roman and Scots law
12 'What Marcellus says is against you': Roman law and Common law
13 Audi et alter am partem: a limit to judicial activity