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Beyond Dogmatics

Law and Society in the Roman World

Edited by John W. Cairns, Paul J. du Plessis

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An important contribution to the raging debate about the relationship between law and society in the Roman world

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Contents

CONTENTS
Preface
List of Contributors
List of Abbreviations
DEBATES AND CONTEXTS
Introduction: Themes and Literature
J . Cairns and P J du Plessis
1 Law and Society
A Watson
LAW AND EMPIRE
2 Legal Pluralism and the Roman Empires
K Tuori
3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert
E A Meyer
LAW CODES AND CODIFICATION
4 Roman Law Codes and the Roman Legal Tradition
J Harries
5 Diocletian and the Efficacy of Public Law
R Rees
DEATH, ECONOMICS AND SUCCESSION
6 The Dutiful Legatee: Pliny, Letters V.1
A D E Lewis
7 The Hereditability of Locatio Conductio
P J du Plessis
COMMERCE AND LAW
8 Dealing with the Abyss: the Nature and Purpose of the Rhodian Sea-Law on Jettison (Lex Rhodia de Iactu, D 14.2) and the Making of Justinian's Digest
J-J Aubert
9 Suing the Paterfamilias: Theory and Practice
D Johnston
PROCEDURE

10 Lawsuits in Context
E Metzger
11 The Role of Delators
O F Robinson
Index.

About the Author

John W. Cairns is Professor of Civil Law at the University of Edinburgh. His research interests include law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He has published two collections of essays in the Edinburgh Studies in Law series: Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1 and Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2 (Edinburgh University Press, 2015). He is the co-editor, with Paul J. du Plessis, of The Creation of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010) and Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007).

Paul J. du Plessis is Professor of Roman law in the School of Law at the University of Edinburgh. His research include Roman law, medieval interpretations of Roman law, Roman–Dutch law, the historical development of the civilian tradition in mixed jurisdictions, and the relationships between law and history and law and society in a historical context. He has secondary research interests in the development of European private law, comparative law and international private law. He is the editor of Wrongful Damage to Property in Roman Law: British Perspectives (Edinburgh University Press, 2018), Cicero's Law: Rethinking Roman Law of the Late Republic (Edinburgh University Press, 2016) and New Frontiers: Law and Society in the Roman World (Edinburgh University Press, 2013). He is the co-editor, with John W. Cairns, of Reassessing Legal Humanism and Its Claims: Petere Fontes? (Edinburgh University Press, 2015), The Creation of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010) and Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007).

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