The Extent and Significance of Debt Slavery
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LAW in the ANCIENT WORLD Raymond Westbrook
These course materials are posted as a service to teachers and students. Any commercial use or reproduction is strictly prohibited. Copyright © Raymond Westbrook 2005. All rights reserved. LAW IN THE ANCIENT WORLD Raymond Westbrook Model Syllabus and Sources Revised 2005 General Reference R. Westbrook (ed.), A History of Ancient Near Eastern Law (HANEL). Relevant sections from different chapters for individual assignments. 1. Historical Framework K. Nemat-Nejat, Daily Life in Ancient Mesopotamia, 62-64. 2. The Primary Sources M. Maidman, “Nuzi: Portrait of an Ancient Mesopotamian Provincial Town,” in Civilizations of the Ancient Near East II, 931-946. HANEL 5-16. 3. Law Codes and Legal Science Exodus 21 & 22; J. Bottéro, “The ‘Code’ of Hammurabi,” Mesopotamia, Chicago 1987, 156-184; B. Eichler, “Literary Structure in the Laws of Eshnunna,” Language, Literature, and History: Philological and Historical Studies Presented to Erica Reiner, ed. F. Rochberg-Halton, 71-84. HANEL 16-24. 4. Family and Property L. Stager, “The Archaeology of the Family in Ancient Israel,” Bulletin of the American Schools of Oriental Research 260 (1985) 18-23. 5. Inheritance P. Pestman, “The Law of Succession in Ancient Egypt,” Essays on Oriental Laws of Succession, Studia et Documenta ad Iura Orientis Antiqui Pertinentia 9, 1969, ed. M. David et al., 58-77. HANEL 56-62. 6. Adoption J. Greenfield, “Adi baltu - Care for the Elderly and its Rewards,” Archiv für Orientforschung, Beiheft 19, 1982, 309-316. HANEL 50-54. 7. Marriage and Divorce J. Renger, “Who Are all Those People?” Orientalia N.S. 42 (1973) 259-273; M. Stol, “Women in Mesopotamia,” Journal of the Economic and Social History of the Orient, 38 (1995) 123-144. -
Category Guaranty Suretyship Pledge
CATEGORY GUARANTY SURETYSHIP PLEDGE MORTGAGE ANTICHRESIS CHATTEL REAL MORTGAGE ESTATE MORTGAGE LAW CIVIL CODE The second CIVIL CODE CIVIL CODE CIVIL CODE CIVIL CODE Articles 2047-2084 paragraph of Articles 2085- Articles 2085-2092 Articles Articles Article 2047 2123 2140-2141 THE 2083-2092 2085-2092 states the law CHATTEL 2124-2131 2132-2139 applicable to the MORTGAGE LAW SUPREME contract of (Act No. 1508, as COURT A.M. suretyship. It amended) NO. 99-10-05-0 covers Articles AS 1207 to 1222, AMENDED Title I BY (Obligations), RESOLUTION Chapter 3 OF JUNE 30, (Different Kinds 2001 AND of Obligations), AUGUST 7, Section 4 (Joint 2002 and Solidary JUDICIAL Obligations), FORECLOSU Book IV RE OF REAL (Obligations and ESTATE Contracts) of the MORTGAGE CIVIL CODE (Rule 68, ROC) DEFINITION By guaranty a person, If a person binds It is a contract by By a chattel mortgage, A real estate By the contract of called the guarantor, himself solidarily virtue of which personal property is mortgage is a antichresis the binds himself to the with the principal the debtor recorded in the Chattel contract creditor acquires creditor to fulfill the debtor, the delivers to the Mortgage Register as whereby the the right to receive obligation of the provisions of creditor or to a a security for the debtor secures the fruits of an principal debtor in Section 4, third person a performance of an to the creditor immovable of his case the latter should Chapter 3, movable obligation. If the the fulfillment debtor, with the fail to do so. Art. Title 1 of this or a document movable, instead of of a principal obligation to app 2047 (1) Book shall be involving being recorded, is obligation, apply them to the observed. -
Antichresis: a Comparative Study of Classical Roman Law and the Contractual Praxis from Roman Egypt
_full_journalsubtitle: Revue d’Histoire du Droit – The Legal History Review _full_abbrevjournaltitle: LEGA _full_ppubnumber: ISSN 0040-7585 (print version) _full_epubnumber: ISSN 1571-8190 (online version) _full_issue: 3-4 _full_issuetitle: 0 _full_alt_author_running_head (neem stramien J2 voor dit article en vul alleen 0 in hierna): Bobbink and Mauer _full_alt_articletitle_deel (rechter kopregel - mag alles zijn): Antichresis: a comparative study of classical Roman law _full_is_advance_article: 0 _full_article_language: en indien anders: engelse articletitle: 0 Antichresis: a Tijdschriftcomparative voor study Rechtsgeschiedenis of classical Roman 87 law (2019) 1-28 1 Revue d’Histoire du Droit 87 (2019) 1-28 The Legal History review 87 (2019) 1-28 brill.com/lega Antichresis: a comparative study of classical Roman law and the contractual praxis from Roman Egypt R. Bobbink Ph.D.-candidate Roman Law and Legal History, Radboud University, Department of Legal History, Montessorilaan 10, 6525 HR Nijmegen [email protected] Q. Mauer Ph.D.-candidate Roman Law and Juristic Papyrology, Leiden University, Department of Legal History, Steenschuur 25, 2311 ES Leiden [email protected] Summary The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological anti- chretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protec- tion of the debtor was emphasized, whereas in the Greek papyrological antichretic con- tracts the position of the creditor was favoured. Given the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept. -
The Lost Tradition of Biblical Debt Cancellations
THE LOST TRADITION OF BIBLICAL DEBT CANCELLATIONS Michael Hudson, PhD. Page 1 THE LOST TRADITION OF BIBLICAL DEBT CANCELLATIONS Michael Hudson, PhD. "The rich ruleth over the poor, and the borrower is slave to the lender.” Proverbs 22:7 COVER: A drawing of the cuneiform transcription of a debt cancellation (amargi law) by Enmetena (see page 18), ruler of the Sumerian city-state of Lagash, c. 2400 BC, the first known legal proclamation. (Original in the Louvre.) Cover design by Lynn Yost. Page 2 About the Author Dr. Michael Hudson has been economic adviser to U.S., Canadian, and Mexican government agencies, and to the United Nations Institute for Training and Research (UNITAR), as well as to corporate clients. The author of numerous books and monographs on international economics, he has taught international finance at the Graduate Faculty of the New School for Social Research, and Bronze Age archaeology at New York University's Institute of Fine Arts, and is Distinguished Professor of Economics at the University of Missouri (Kansas City). This paper is based on research done as a Research Fellow at Harvard University's Peabody Museum in Babylonian economic history, and was originally published by the Henry George School of Social Science (New York City). It anticipates research that was later presented at various gatherings of The International Scholars Conference on Ancient Near East Economies, and published in a series of books on The New Archaeology of Urbanization, distributed by CDL Press and also available from the Robert Schalkenbach Foundation on-line Bookstore http://www.schalkenbach.org/store.php?crn=92. -
Antichresis: a Comparative Study of Classical Roman Law and the Contractual Praxis from Roman Egypt
_full_journalsubtitle: Revue d’Histoire du Droit – The Legal History Review _full_abbrevjournaltitle: LEGA _full_ppubnumber: ISSN 0040-7585 (print version) _full_epubnumber: ISSN 1571-8190 (online version) _full_issue: 4 _full_issuetitle: 0 _full_alt_author_running_head (neem stramien J2 voor dit article en vul alleen 0 in hierna): Bobbink and Mauer _full_alt_articletitle_deel (rechter kopregel - mag alles zijn): Antichresis: a comparative study of classical Roman law _full_is_advance_article: 3 _full_article_language: en indien anders: engelse articletitle: 0 356 Tijdschrift voor Rechtsgeschiedenis 87 (2019)Bobbink 356-383 and Mauer Revue d’Histoire du Droit 87 (2019) 356-383 The Legal History review 87 (2019) 356-383 brill.com/lega Antichresis: a comparative study of classical Roman law and the contractual praxis from Roman Egypt R. Bobbink Ph.D.-candidate Roman Law and Legal History, Radboud University, Department of Legal History, Montessorilaan 10, 6525 HR Nijmegen [email protected] Q. Mauer Ph.D.-candidate Roman Law and Juristic Papyrology, Leiden University, Department of Legal History, Steenschuur 25, 2311 ES Leiden [email protected] Summary The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological anti- chretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protec- tion of the debtor was emphasized, whereas in the Greek papyrological antichretic con- tracts the position of the creditor was favoured. Given the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept. -
Legal Restrictions on Security Interests Limit Access to Credit in Bolivia
HEYWOOD W. FLEISIG* JUAN CARLOS AGUILAR NURIA DE LA PEiRA Legal Restrictions on Security Interests Limit Access to Credit in Bolivia In Bolivia, most lenders require real estate as collateral. This practice makes it very difficult for merchants, mine owners, industrialists, professionals, and farmers to borrow against equipment, inventory, crops, or anything else they might use in the course of their trade or business. This article asks why such a limited range of property should serve as collateral for loans. It finds the answer in the Bolivian legal, judicial, and regulatory sys- tems: the court system operates very slowly, and the laws make it difficult for parties to make loan contracts that are enforceable without court supervision. This article is written for both economists and lawyers. The economic problem is relatively simple: collecting any debt in Bolivia is expensive and time consum- ing. Only the most durable and valuable collateral is useful in such a system; therefore, most loans are ultimately secured by urban real estate, which will last beyond the time expected for a court decision and has enough value to cover at least the minimum cost of collection. The typical piece of industrial or agricultural Note: The American Bar Association grants permission to reproduce this article in any not-for- profit publication or handout provided such reproduction acknowledges original publication in this issue of The InternationalLawyer and includes the title of the article and the name of the authors. *The views and interpretations expressed in this paper are those of the authors and do not necessarily represent the views and policies of The Center for the Economic Analysis of Law (CEAL). -
Real Property Law and Procedure in the European Union
European University Institute (EUI) Florence/European Private Law Forum Deutsches Notarinstitut (DNotI) Würzburg Real Property Law and Procedure in the European Union General Report Final Version scientific co-ordinators: Dr. habil. Christoph U. Schmid, Ph.D. European Private Law Forum European University Institute, Florence, www.iue.it Christian Hertel, LL.M. Director DNotI (German Notary Institute), Würzburg, www.dnoti.de with contributions by Dr. Hartmut Wicke, LL.M., DNotI, Würzburg 31.5.2005 EUI-Real Property Law - General Report - page 2/103 Overview page Introduction 8 1. Principles 11 2. Land Registration 27 3. Sale of Real Estate 47 4. Special Problems concerning the Sale of Real Estate (Cases) 65 5. Sale of a house or apartment by the building company (vente d‘immeuble à construire/Bauträgervertrag) 69 6. Private International Law 82 7. Mortgages 85 8. Literature 103 EUI-Real Property Law - General Report - page 3/103 Contents page Overview 2 Contents 3 Introduction 8 Objectives 8 Families of Legal Systems 8 Terminology and Definitions 9 Countries covered by this study 10 1. Principles 11 1.1. General Features and Short History 11 1.2. Concept of Ownership (Property and Estates) 12 1.2.1. Specific Common Law Types of Ownership (Estate and Trust) 12 a) Estates and other divisions of property 12 b) Trusts, settlements and overreaching 13 1.2.2. Superficies solo cedit 14 1.3. Limited Real Rights in Land (Interests in Land) 14 1.3.1. Numerus clausus of Real Rights 14 1.3.2. System of Real Rights in Land 15 1.3.3. -
Antichresis: a Comparative Study of Classical Roman Law Full Is Advance Article: 0 Full Article Language: En Indien Anders: Engelse Articletitle: 0
PDF hosted at the Radboud Repository of the Radboud University Nijmegen The following full text is a publisher's version. For additional information about this publication click this link. http://hdl.handle.net/2066/213820 Please be advised that this information was generated on 2021-10-01 and may be subject to change. _full_journalsubtitle: Revue d’Histoire du Droit – The Legal History Review _full_abbrevjournaltitle: LEGA _full_ppubnumber: ISSN 0040-7585 (print version) _full_epubnumber: ISSN 1571-8190 (online version) _full_issue: 3-4 _full_issuetitle: 0 _full_alt_author_running_head (neem stramien J2 voor dit article en vul alleen 0 in hierna): Bobbink and Mauer _full_alt_articletitle_deel (rechter kopregel - mag alles zijn): Antichresis: a comparative study of classical Roman law _full_is_advance_article: 0 _full_article_language: en indien anders: engelse articletitle: 0 Antichresis: a Tijdschriftcomparative voor study Rechtsgeschiedenis of classical Roman 87 law (2019) 1-28 1 Revue d’Histoire du Droit 87 (2019) 1-28 The Legal History review 87 (2019) 1-28 brill.com/lega Antichresis: a comparative study of classical Roman law and the contractual praxis from Roman Egypt R. Bobbink Ph.D.-candidate Roman Law and Legal History, Radboud University, Department of Legal History, Montessorilaan 10, 6525 HR Nijmegen [email protected] Q. Mauer Ph.D.-candidate Roman Law and Juristic Papyrology, Leiden University, Department of Legal History, Steenschuur 25, 2311 ES Leiden [email protected] Summary The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological anti- chretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. -
Changing Public Policy and the Evolution of Roman Civil and Criminal Law on Gambling
CHANGING PUBLIC POLICY AND THE EVOLUTION OF ROMAN CIVIL AND CRIMINAL LAW ON GAMBLING Suzanne B. Faris* I. INTRODUCTION In Ancient Rome, gambling, at least in the form of dice games, was gener- ally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohi- bition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might have been expected, but even under Theodosius II in the fifth century of the Common Era, no changes were made to the existing law on gambling. With the sixth-century emperor Justinian, however, imperial policy towards gambling underwent a profound change in the attitude that informed new legislation, if not in the actual efficacy of enforcement. Guiding this shift in official attitudes toward gambling was a threefold policy objective: (1) con- cern for protecting the assets of tax-paying imperial subjects (many of whom also had additional financial and service obligations in their native cities), (2) concern for the public morals, and (3) concern for weeding out frivolous clerics. In this Article, Part II examines Roman attitudes towards gambling, at least as exemplified in the surviving literary sources from the second century BCE to the fourth century CE. Part III discusses what constituted illegal gam- bling (alea) under Roman public (i.e., criminal) law and how, if at all, the statutory prohibitions were enforced in practice. -
Housing Tenure, Property Rights, and Urban Development in Developing Countries Ignacio Antonio Navarro Georgia State University
Georgia State University ScholarWorks @ Georgia State University Public Management and Policy Dissertations Department of Public Management and Policy 4-23-2008 Housing Tenure, Property Rights, and Urban Development in Developing Countries Ignacio Antonio Navarro Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/pmap_diss Part of the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Navarro, Ignacio Antonio, "Housing Tenure, Property Rights, and Urban Development in Developing Countries." Dissertation, Georgia State University, 2008. https://scholarworks.gsu.edu/pmap_diss/22 This Dissertation is brought to you for free and open access by the Department of Public Management and Policy at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Public Management and Policy Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. HOUSING TENURE, PROPERTY RIGHTS, AND URBAN DEVELOPMENT IN DEVELOPING COUNTRIES A Dissertation Presented to The Academic Faculty by Ignacio A. Navarro In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the School of Public Policy Georgia Institute of Technology and Georgia State University August, 2008 COPYRIGHT 2008 BY IGNACIO A. NAVARRO HOUSING TENURE, PROPERTY RIGHTS, AND URBAN DEVELOPMENT IN DEVELOPING COUNTRIES Approved by: Dr. Geoffrey K. Turnbull, Advisor Dr. Ragan Petrie Department of Economics Department of Economics Georgia State University Georgia State University Dr. Gregory B. Lewis Dr. Douglas S. Noonan Department of Public Administration and School of Public Policy Urban Studies Georgia Institute of Technology Georgia State University Dr. H. Spencer Banzhaf Department of Economics Date Approved: April 23, 2008 Georgia State University ACKNOWLEDGEMENTS I would like to acknowledge many people for their help my doctoral studies. -
Housing Tenure, Property Rights, and Urban Development in Developing Countries
Georgia State University ScholarWorks @ Georgia State University Public Management and Policy Dissertations 4-23-2008 Housing Tenure, Property Rights, and Urban Development in Developing Countries Ignacio Antonio Navarro Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/pmap_diss Part of the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Navarro, Ignacio Antonio, "Housing Tenure, Property Rights, and Urban Development in Developing Countries." Dissertation, Georgia State University, 2008. https://scholarworks.gsu.edu/pmap_diss/22 This Dissertation is brought to you for free and open access by ScholarWorks @ Georgia State University. It has been accepted for inclusion in Public Management and Policy Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. HOUSING TENURE, PROPERTY RIGHTS, AND URBAN DEVELOPMENT IN DEVELOPING COUNTRIES A Dissertation Presented to The Academic Faculty by Ignacio A. Navarro In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the School of Public Policy Georgia Institute of Technology and Georgia State University August, 2008 COPYRIGHT 2008 BY IGNACIO A. NAVARRO HOUSING TENURE, PROPERTY RIGHTS, AND URBAN DEVELOPMENT IN DEVELOPING COUNTRIES Approved by: Dr. Geoffrey K. Turnbull, Advisor Dr. Ragan Petrie Department of Economics Department of Economics Georgia State University Georgia State University Dr. Gregory B. Lewis Dr. Douglas S. Noonan Department of Public Administration and School of Public Policy Urban Studies Georgia Institute of Technology Georgia State University Dr. H. Spencer Banzhaf Department of Economics Date Approved: April 23, 2008 Georgia State University ACKNOWLEDGEMENTS I would like to acknowledge many people for their help my doctoral studies. -
The Nexum Contract As a “Strange Artifice”
The Nexum Contract as a “Strange Artifice” Morris SILVER (City University de New York*) In 1967 MacCormack1 observed: “The number and diversity of the views expressed on nexum have become notorious; even today no agreement has been reached.” All that seems to be clear is that nexi were debt-“slaves.” While progress has been made, including by MacCormack himself, there remain major gaps in our understanding2. This paper deals with two central questions: (1) What is a nexum- contract?; (2) Why did it flourish after Rome’s enactment of the Twelve Tables? It is suggested that these questions can be answered satisfactorily once it is recognized that reliance on the nexum-contract was encouraged by maximum interest rate laws and legal procedures making it more difficult (costly) to enslave defaulting debtors. 1. Debt Slavery before the Twelve Tables Livy3 describes the emergence of debt-problems in the early fifth century BCE: * Professor Emeritus of Economics at the City College of the City University of New York. My thanks to Philip J. Thomas, Kaius Tuori, Jean-Jacques Aubert and an ano- nymous reader for many helpful comments and corrections. I am responsible for any remaining errors. My research benefited greatly from the conscientious assistance of Evelyn Bodden of the Interlibrary Loan Department in the Cohen Library in the City College of New York. 1 G.MACCORMACK, Nexi, Iudicati and Addicti in Livy, ZSS 84 (1967), p.350. 2 For useful discussions, see J.-J.AUBERT, The Republican Economy and Roman Law: Negotiation, Promotion, or Reflection?, in H.I.Flower (ed.), The Cambridge Compa- nion to the Roman Republic, Cambridge 2004, pp.160-78; O.BEHRENDS, Das nexum im Manzipationsrecht oder die Ungeschichtlichkeit des Libraldarlehens, RIDA 3 (1974), pp.563-598.