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Obligations in Roman Law: Past, Present, and Future
Edited by Thomas A. J. McGinnLong a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law.
Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world.
Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
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Cover
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Title
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Copyright
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Preface
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Contents
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Chapter 1. A Conference on Roman Law: The Future of Obligations
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Chapter 2. The Roman Conception of Contract
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Chapter 3. Roman Contracts and the Construction of Fault in Their Formation
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Chapter 4. Status and Contract in Ancient Rome: With Some Thoughts on the “Future of Obligations”
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Chapter 5. Theory and Practice in the Roman Law of Contracts
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Chapter 6. Obligations in Classical Procedure
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Chapter 7. Public Building Contracts in the Roman Republic
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Chapter 8. Roman Economic Policy and the Law of Contracts
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Chapter 9. Gender and the Roman Law of Obligations
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Chapter 10. An Anthropology of Fault at Rome
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Chapter 11. Roman Delicts and Criminal Law: Theory and Practice
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Chapter 12. Roman Delicts and the Construction of Fault
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Chapter 13. The Byzantine Law of Obligations
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Chapter 14. Looking Ahead to the Roman Law of Obligations: Reflections on Opportunities in Research and Pedagogy
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Contributors
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Index of Sources
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Index of Persons
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Index of Subjects
- 978-0-472-11843-4 (hardcover)
- 978-0-472-02857-3 (ebook)