Roman law has had a huge impact on European legal and political thought. Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. He assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies.
Roman law has had a huge impact on European legal and political thought. Peter Stein, one of the world's leading legal historians, explains in this masterly short study how this came to be. He assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in depth, lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies.
Part I. Introduction Part II. Roman Law in Antiquity: 1. The law of the Twelve Tables 2. Legal development by interpretation 3. The praetor and the control of remedies 4. The ius gentium and the advent of jurists 5. The Empire and the law 6. The jurists in the classical period 7. The ordering of the law 8. The culmination of classical jurisprudence 9. The division of the empire 10. Post-classical law and procedure 11. The decline of legal science 12. The end of the Western empire 13. Justinian and the Corpus iuris Part III. The Revival of Justinian's Law: 14. Roman law and Germanic law in the West 15. Church and empire 16. The rediscovery of the Digest 17. The civil law glossolators 18. Civil law and canon law 19. The attraction of the Bologna studium 20. The new learning outside Italy 21. Applied civil law: legal procedure 22. Applied civil law: legislative power 23. Civil law and custom 24. Civil law and local laws in the thirteenth century 25. The studium of Orleans Part IV. Roman Law and the Nation State: 26. The commentators 27. The impact of humanism 28. Humanism and the civil law 29. The civil law becomes a science 30. The ordering of the customary law 31. The Bartolist reaction 32. The reception of Roman law 33. The reception in Germany 34. Court practice as a source of law 35. Civil law and natural law 36. Civil law and international law 37. Theory and practice in the Netherlands Part V. Roman Law and Codification: 38. Roman law and national laws 39. The mature natural law 40. The codification movement 41. Early codifications in Germany and Austria 42. Pothier and the French Civil Code 43. The German historical school 44. Pandect-science and the German Civil Code 45. Nineteenth-century legal science outside Germany 46. Roman law in the twentieth century.
Part I. Introduction Part II. Roman Law in Antiquity: 1. The law of the Twelve Tables 2. Legal development by interpretation 3. The praetor and the control of remedies 4. The ius gentium and the advent of jurists 5. The Empire and the law 6. The jurists in the classical period 7. The ordering of the law 8. The culmination of classical jurisprudence 9. The division of the empire 10. Post-classical law and procedure 11. The decline of legal science 12. The end of the Western empire 13. Justinian and the Corpus iuris Part III. The Revival of Justinian's Law: 14. Roman law and Germanic law in the West 15. Church and empire 16. The rediscovery of the Digest 17. The civil law glossolators 18. Civil law and canon law 19. The attraction of the Bologna studium 20. The new learning outside Italy 21. Applied civil law: legal procedure 22. Applied civil law: legislative power 23. Civil law and custom 24. Civil law and local laws in the thirteenth century 25. The studium of Orleans Part IV. Roman Law and the Nation State: 26. The commentators 27. The impact of humanism 28. Humanism and the civil law 29. The civil law becomes a science 30. The ordering of the customary law 31. The Bartolist reaction 32. The reception of Roman law 33. The reception in Germany 34. Court practice as a source of law 35. Civil law and natural law 36. Civil law and international law 37. Theory and practice in the Netherlands Part V. Roman Law and Codification: 38. Roman law and national laws 39. The mature natural law 40. The codification movement 41. Early codifications in Germany and Austria 42. Pothier and the French Civil Code 43. The German historical school 44. Pandect-science and the German Civil Code 45. Nineteenth-century legal science outside Germany 46. Roman law in the twentieth century.
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