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Application, Adaptation and Rejection : The strategies of Roman jurists in responsa concerning Greek documents

Application, Adaptation and Rejection : The strategies of Roman jurists in responsa concerning Greek documents

Application, Adaptation and Rejection : The strategies of Roman jurists in responsa concerning Greek documents

Author: Quintijn Mauer
Publisher: Eleven International Publishing
ISBN: 9789462362918
Published In: April 2022
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,070.65

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Description
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By the second century AD the Roman empire had grown into a vast multilingual and pluriform empire. Unlike in the Roman West, where the lingua franca was Latin, the inhabitants of the Roman East predominantly spoke Greek. From a legal perspective, these inhabitants of the Roman East lived in a legal culture not dominated by Roman law, but by norms from an Hellenistic legal culture. To resolve their legal controversies, these inhabitants of the Roman East, sometimes, asked advice from renowned jurists from the Roman West. Twenty-six cases of questions based on Greek documents from an Hellenistic legal culture can be seen in the Justinianic Digest. These cases were taken from three Roman jurists, namely Scaevola, Paul and Modestin.

In this book, the legal strategies, which these three jurists used to come to an advice on cases from the Roman East, are examined. Did the jurists only apply Roman law or did they take the Hellenistic legal culture from which these cases originated into account? Furthermore, in this book the question is answered whether from these cases influences from Hellenistic legal cultures on Roman law can be demonstrated

List of Abbreviations

Introduction

I. The Law of Obligations: Consensual Contracts

II. The law of obligations real contracts

III. The law of inheritance I cases without a slave context

IV. The law of inheritance II freedmen and freedwomen

V. Hellenistic municipal law

Conclusion

Bibliography

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