Ordering Divine Knowledge in Late Roman Legal Discourse
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The Hammond Collection
CATALOGUE OF THE IN THE LAW LIBRARY OF THE STATE UNIVERSITY OF IOWA. COMPILED BY FRANK H. NOBLE, fl.,,. M., LL. B., LIBRARIAN. LAW L\BRAPV DECH 1975 U£1iversity of Iowa lOWA CITY. PUBLISHED BY THE UNIVERSITY. 1895. INTRODUCTORY NOTE. The Hammond Historical Law Collection of which the following is a catalogue, has been donated to the State University of Iowa, by Mrs. William G. Hammond, in accor<lance with the wishes of her husband, expressed within a few days of his death, which occured at St. Louis, on April 12, 18<)4. Under the terms· of the gift the collection is to be kept tog~ther in cases specially provided for that purpose in the Law Library, and to remain there as a memorial of Dr. Hammond and of his connection with the Law Department as its Chancellor, from the organization of the Department in 1868 until 1881. The collection comprises twelve hundred and thirty-seven volumes, relating principally to the civil law and to the history of the common law. In the latter branch it covt!rs the legal institutions of the Teutonic tribes in general, and of the Anglo-Saxons in particular, as well- as the early period of the developments of legal institutions in England. Dr. Hammond, while preparing ii.is edition of Blackstone's Commen taries, collected copies of all th,e editions of that work published during the authOr's life-time, and this rare collection is included in the gift. In the Library is kept a card catalogue of the whole collection. -
Achila, Visigothic King, 34 Acisclus, Córdoban Martyr, 158 Adams
Index ; Achila, Visigothic king, 34 Almodóvar del Río, Spain, 123–24 Acisclus, Córdoban martyr, 158 Almonacid de la Cuba, Spain, 150. See Adams, Robert, 21 also Dams Aemilian, St., 160 Alonso de la Sierra, Juan, 97 Aerial photography, 40, 82 Amalaric, Visigothic king, 29–30, 132, Aetius, Roman general, 173–75 157 Africa, 4, 21–23; and amphorae, 116, Amber, 114 137, 187, 196; and ARS, 46, 56, 90, Ammianus Marcellinus, Roman histo- 99, 187; and Byzantine reconquest, rian, 166, 168 30; and ‹shing, 103; and olive oil, Amphorae, 43, 80, 199–200; exported 88, 188; and Roman army, 114, 127, from Spain, 44, 97–98, 113, 115–16, 166; and trade, 105, 141; and Van- 172; kilns, 61–62, 87–90, 184; from dals, 27–28, 97, 127, 174 North Africa, 129, 187. See also African Red Slip (ARS) pottery, 101, Kilns 147, 186–87, 191, 197; de‹nition, 41, Anderson, Perry, 5 43, 44, 46; and site survival, 90, Andujar, Spain, 38, 47, 63 92–95, 98–99; and trade, 105–6, 110, Annales, 8, 12, 39 114, 116, 129, 183 Annona: disruption by Vandals, 97, Agde, council of, 29, 36, 41 174; to Roman army, 44, 81, 114–17; Agglomeration, 40–42, 59, 92 to Rome, 23, 27, 44, 81, 113; under Agila, Visigothic king, 158–59. See Ostrogoths, 29, 133. See also Army also Athanagild Antioch, Syria, 126 Agrippa, Roman general, 118 Anti-Semitism, 12, 33. See also Jews Alans, 24, 26, 27, 34, 126, 175 Antonine Itinerary, 152 Alaric, Visigothic king, 2, 5, 26–27 Apuleius, Roman writer, 75–76, 122 Alaric II, Visigothic king, 29–30 Aqueducts, 119, 130, 134, 174–75 Alcalá del Río, Spain, 40, 44, 93, 123, Aquitaine, France, 2, 27, 45, 102 148 Arabs, 33–34, 132–33, 137. -
The Edictum Theoderici: a Study of a Roman Legal Document from Ostrogothic Italy
The Edictum Theoderici: A Study of a Roman Legal Document from Ostrogothic Italy By Sean D.W. Lafferty A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of History University of Toronto © Copyright by Sean D.W. Lafferty 2010 The Edictum Theoderici: A Study of a Roman Legal Document from Ostrogothic Italy Sean D.W. Lafferty Doctor of Philosophy Department of History University of Toronto 2010 Abstract This is a study of a Roman legal document of unknown date and debated origin conventionally known as the Edictum Theoderici (ET). Comprised of 154 edicta, or provisions, in addition to a prologue and epilogue, the ET is a significant but largely overlooked document for understanding the institutions of Roman law, legal administration and society in the West from the fourth to early sixth century. The purpose is to situate the text within its proper historical and legal context, to understand better the processes involved in the creation of new law in the post-Roman world, as well as to appreciate how the various social, political and cultural changes associated with the end of the classical world and the beginning of the Middle Ages manifested themselves in the domain of Roman law. It is argued here that the ET was produced by a group of unknown Roman jurisprudents working under the instructions of the Ostrogothic king Theoderic the Great (493-526), and was intended as a guide for settling disputes between the Roman and Ostrogothic inhabitants of Italy. A study of its contents in relation to earlier Roman law and legal custom preserved in imperial decrees and juristic commentaries offers a revealing glimpse into how, and to what extent, Roman law survived and evolved in Italy following the decline and eventual collapse of imperial authority in the region. -
Justinian's Redaction
JUSTINIAN'S REDACTION. "Forhim there are no dry husks of doctrine; each is the vital develop- ment of a living germ. There is no single bud or fruit of it but has an ancestry of thousands of years; no topmost twig that does not greet with the sap drawn from -he dark burrows underground; no fibre torn away from it but has been twisted and strained by historic wheels. For him, the Roman law, that masterpiece of national growth, is no sealed book ..... ... but is a reservoir of doctrine, drawn from the watershed of a world's civilization!'* For to-day's student of law, what worth has the half- dozen years' activity of a few Greek-speakers by the Bos- phorus nearly fourteen centuries ago? Chancellor Kent says: "With most of the European nations, and in the new states of Spanish America, and in one of the United States, it (Roman law) constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence on our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction, or fall within the cognizance of the surrogate or consistorial courts . It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean, and on the banks of the Mississippi and St. Lawrence. So true, it seems, are the words of d'Agnesseau, that 'the grand destinies of Rome are not yet accomplished; she reigns throughout the world by her reason, after having ceased to reign by her authority?'" And of the honored jurists whose names are carved on the stones of the Law Building of the University of Pennsyl- vania another may be cited as viewing the matter from a different standpoint. -
The Cambridge Companion to Age of Constantine.Pdf
The Cambridge Companion to THE AGE OF CONSTANTINE S The Cambridge Companion to the Age of Constantine offers students a com- prehensive one-volume introduction to this pivotal emperor and his times. Richly illustrated and designed as a readable survey accessible to all audiences, it also achieves a level of scholarly sophistication and a freshness of interpretation that will be welcomed by the experts. The volume is divided into five sections that examine political history, reli- gion, social and economic history, art, and foreign relations during the reign of Constantine, a ruler who gains in importance because he steered the Roman Empire on a course parallel with his own personal develop- ment. Each chapter examines the intimate interplay between emperor and empire and between a powerful personality and his world. Collec- tively, the chapters show how both were mutually affected in ways that shaped the world of late antiquity and even affect our own world today. Noel Lenski is Associate Professor of Classics at the University of Colorado, Boulder. A specialist in the history of late antiquity, he is the author of numerous articles on military, political, cultural, and social history and the monograph Failure of Empire: Valens and the Roman State in the Fourth Century ad. Cambridge Collections Online © Cambridge University Press, 2007 Cambridge Collections Online © Cambridge University Press, 2007 The Cambridge Companion to THE AGE OF CONSTANTINE S Edited by Noel Lenski University of Colorado Cambridge Collections Online © Cambridge University Press, 2007 cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao˜ Paulo Cambridge University Press 40 West 20th Street, New York, ny 10011-4211, usa www.cambridge.org Information on this title: www.cambridge.org/9780521818384 c Cambridge University Press 2006 This publication is in copyright. -
The Corpus Juris Civilis
College of William & Mary Law School William & Mary Law School Scholarship Repository Library Staff ubP lications The oW lf Law Library 2015 The orC pus Juris Civilis Frederick W. Dingledy William & Mary Law School, [email protected] Repository Citation Dingledy, Frederick W., "The orC pus Juris Civilis" (2015). Library Staff Publications. 118. https://scholarship.law.wm.edu/libpubs/118 Copyright c 2015 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/libpubs The Corpus Juris Civilis by Fred Dingledy Senior Reference Librarian College of William & Mary Law School for Law Library of Louisiana and Supreme Court of Louisiana Historical Society New Orleans, LA – November 12, 2015 What we’ll cover ’History and Components of the Corpus Juris Civilis ’Relevance of the Corpus Juris Civilis ’Researching the Corpus Juris Civilis Diocletian (r. 284-305) Theodosius II Codex Gregorianus (r. 408-450) (ca. 291) {{ Codex Theodosianus (438) Codex Hermogenianus (295) Previously… Byzantine Empire in 500 Emperor Justinian I (r. 527-565) “Arms and laws have always flourished by the reciprocal help of each other.” Tribonian 528: Justinian appoints Codex commission Imperial constitutiones I: Ecclesiastical, legal system, admin II-VIII: Private IX: Criminal X-XII: Public 529: Codex first ed. {{Codex Liber Theodora (500-548) 530: Digest commission 532: Nika (Victory) Riots Digest : Writings by jurists I: Public “Appalling II-XLVII: Private arrangement” XLVIII: Criminal --Alan XLIX: Appeals + Treasury Watson L: Municipal, specialties, definitions 533: Digest/Pandects First-year legal textbook I: Persons II: Things III: Obligations IV: Actions 533: Justinian’s Institutes 533: Reform of Byzantine legal education First year: Institutes Digest & Novels Fifth year: Codex The Novels (novellae constitutiones): { Justinian’s constitutiones 534: Codex 2nd ed. -
113 Prolegomena to Establishing Pre
113 PROLEGOMENA TO ESTABLISHING PRE-JUSTINIANIC TEXTS by ALANWATSON (Athens, Georgia) For many years a central issue in Roman law studies has been the extent to which the substance of the law set out in Justinian's Code and Digest collected together from earlier materials has been interpolated. In this paper I seek to give an answer based primarily, but not exclusively, on the instructions given by Justinian to his compilers. Most of us who teach Roman law have derived our basic knowledge of the pur- poses of Justinian's legislation from the teachings of our professors and the read- ing of standard textbooks. Seldom does it appear necessary to read the consti- tutions establishing the teams to produce this legislation or the prefaces promulgating the legislation 1. Even less frequently do we look at these constitu- tions and prefaces together. We always have more pressing things to do. As a consequence, much that is inexact has been written - by me as well as by others - about Justinian's purposes, and the powers given to his compilers. All of us who have written about classical Roman law have in effect expressed opinions on the substantive accuracy of pre-Justinianic texts contained in the Digest or Code. The problem is that, without an understanding of the intentions behind the two Codes, Fifty Decisions, Digest and Institutes, and of the powers given to the compilers, we have no basis for our opinions on the substantive ac- curacy of the pre-Justinianian texts in the compilation. It cannot be my purpose to examine or discuss the views expressed by modern scholars on the subject - an impossible task2. -
Birkbeck Institutional Research Online
Birkbeck ePrints BIROn - Birkbeck Institutional Research Online Enabling open access to Birkbeck’s published research output Cracking the codex: late Roman law in practice Journal Article http://eprints.bbk.ac.uk/4977 Version: Accepted (Refereed) Citation: Humfress, C. (2006) Cracking the codex: late Roman law in practice Bulletin of the Institute of Classical Studies 49(1), pp.241-254 © 2006 Wiley Blackwell Publisher Version ______________________________________________________________ All articles available through Birkbeck ePrints are protected by intellectual property law, including copyright law. Any use made of the contents should comply with the relevant law. ______________________________________________________________ Deposit Guide Contact: [email protected] Bulletin of the Institute of Classical Studies 49 (publ. 2007), 251-64. Cracking the Codex: Late Roman Legal Practice in context. Caroline Humfress, Birkbeck College Introduction. Sometime between the second and fourth decades of the fourth century AD (probably shortly after the year 324, but just possibly as late as 348) the advocate Ammon wrote a letter home to his Mother in Panopolis, a major city of the Thebaid.1 Despite his own stated preference for a ‘…quiet life free from intrigue (as) befits those educated in philosophy and rhetoric…’2, 1 P.Ammon I 3 = The Archive of Ammon Scholasticus of Panopolis I: The Legacy of Harpocration (Pap. Colon. XXVI/1), edd. W.H. Willis and K. Maresch (Opladen, 1997), 19-46, dating P. Ammon I 3 to AD 348. For full discussion of the letter and its literary context see P. Van Minnen, ‘The Letter (and Other Papers) of Ammon: Panopolis in the Fourth Century AD’ in Perspectives on Panopolis. -
Law and Empire in Late Antiquity
job:LAY00 17-10-1998 page:3 colour:0 Law and Empire in Late Antiquity Jill Harries job:LAY00 17-10-1998 page:4 colour:0 published by the press syndicate of the university of cambridge The Pitt Building, Trumpington Street, Cambridge cb2 1rp, United Kingdom cambridge university press The Edinburgh Building, Cambridge cb2 2ru, UK http://www.cup.cam.ac.uk 40 West 20th Street, New York, NY 10011-4211, 10 Stamford Road, Oakleigh, Melbourne 3166, USA http://www.cup.org © Jill D. Harries 1999 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 1999 Printed in the United Kingdom at the University Press, Cambridge Typeset in Plantin 10/12pt [vn] A catalogue record for this book is available from the British Library Library of Congress cataloguing in publication data Harries, Jill. Law and empire in late antiquity / Jill Harries. p. cm. Includes bibliographical references and index. ISBN 0 521 41087 8 (hardback) 1. Justice, Administration of – Rome. 2. Public law (Roman law) i. Title. KJA2700.H37 1998 347.45'632 –dc21 97-47492 CIP ISBN 0 521 41087 8 hardback job:LAY00 17-10-1998 page:5 colour:0 Contents Preface page vii Introduction 1 1 The law of Late Antiquity 6 Confusion and ambiguities? The legal heritage 8 Hadrian and the jurists 14 Constitutions: the emperor and the law 19 Rescripts as law 26 Custom and desuetude 31 2 Making the law 36 In consistory -
After Krüger: Observations on Some Additional Or Revised Justinian Code Headings and Subscripts*)
After Krüger: observations on some additional or revised Justinian Code headings and subscripts*) Der Beitrag stellt Ausschnitte aus Handschriften zusammen, die seit der Ausgabe des Co- dex Justinians 1877 durch Krüger entdeckt wurden, und die Ergänzungen oder Korrekturen an Inskriptionen und Subskriptionen ermöglichen. Die Handschriften sind P. Oxy. XV 1814 (C. 1,11,1-1,16,11 [first edition]), MS Cologne GB Kasten Β no. 130 (C. 3,32,4-12), PSI XIII 1347 (C. 7,16,41-7,17,1), P. Rein. Inv. 2219 (fragments of C. 12,59,10-12,62,4), MS Würzburg Universitätsbibliothek M.p.j.f.m.2 (C. 1,27,1,37-1,27,2,16 and 2,43,3-2,51,2), MS Stuttgart, Württemb. Staatsbibl. Cod. fragm 62 (C. 4,20,12-21,11). This article summarises details of manuscripts identified since the standard 1877 edition of the Justinian Code and containing additions to or revisions of headings and subscripts. The manuscripts are: P. Oxy. XV 1814 (CJ 1,11,1-1,16,11 [first edition]), MS Cologne GB Kasten Β no. 130 (CJ 3,32,4-12), PSI ΧΠΙ 1347 (CJ 7,16,41-7,17,1), P. Rein. Inv. 2219 (fragments of CJ 12,59,10-12,62,4), MS Würzburg Universitätsbibliothek M.p.j.f.m.2 (CJ 1,27,1,37-1,27,2,16 and 2,43,3-2,51,2), MS Stuttgart, Württemb. Staatsbibl. Cod. fragm. 62 (CJ 4,20,12-21,11). I. Introduction - Π. Sixth-century manuscripts a) P. Oxy. XV 1814, b) Cologne GB Kasten Β no. -
Imperial Letters in Latin: Pliny and Trajan, Egnatius Taurinus and Hadrian1
Imperial Letters in Latin: Pliny and Trajan, Egnatius Taurinus and Hadrian1 Fergus Millar 1. Introduction No-one will deny the fundamental importance of the correspondence of Pliny, as legatus of Pontus and Bithynia, and Trajan for our understanding of the Empire as a system. The fact that at each stage the correspondence was initiated by Pliny; the distances travelled by messengers in either direction (as the crow flies, some 2000 km to Rome from the furthest point in Pontus, and 1,500 km from Bithynia);2 the consequent delays, of something like two months in either direction; the seemingly minor and localised character of many of the questions raised by Pliny, and the Emperor’s care and patience in answering them – all these can be seen as striking and revealing, and indeed surprising, as routine aspects of the government of an Empire of perhaps some 50 million people. On the other hand this absorbing exchange of letters can be puzzling, because it seems isolated, not easy to fit into any wider context, since examples of Imperial letters in Latin are relatively rare. By contrast, the prestige of the Greek City in the Roman Empire and the flourishing of the epigraphic habit in at least some parts of the Greek world (primarily, however, the Greek peninsula and the western and southern areas of Asia Minor) have produced a large and ever-growing crop of letters addressed by Emperors to Greek cities and koina, and written in Greek. The collection of Greek constitutions published by J.H. Oliver in 1989 could now be greatly increased. -
History of the Laws of Louisiana and of the Civil Law Thomas J
Journal of Civil Law Studies Volume 5 Number 1 200 Years of Statehood, 300 Years of Civil Article 22 Law: New Perspectives on Louisiana's Multilingual Legal Experience 10-1-2012 History of the Laws of Louisiana and of the Civil Law Thomas J. Semmes Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Thomas J. Semmes, History of the Laws of Louisiana and of the Civil Law, 5 J. Civ. L. Stud. (2012) Available at: https://digitalcommons.law.lsu.edu/jcls/vol5/iss1/22 This Rediscovered Treasures of Louisiana Law is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. REDISCOVERED TREASURES OF LOUISIANA LAW HISTORY OF THE LAWS OF LOUISIANA AND OF THE CIVIL LAW Thomas J. Semmes* INTRODUCTION TO THE NEW PUBLICATION Thomas Jenkins Semmes (1824-1899) was once described as “the most distinguished statesman and brilliant lawyer of the south.”1 Born in Georgetown, D.C., in a mercantile family of English and French descent, he graduated from Georgetown College in 1842 and received a law degree from Harvard in 1845. He practiced law in Washington, D.C., till 1850, when he moved to New Orleans. He became a leader of the Democratic Party and was soon elected a member of the Louisiana House of Representatives.