The Digest of Justinian

This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 [Books 1-15] Volume 2 [Books 16-29] Volume 3 [Books 30-40]

The Digest of Justinian

When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 [Books 1-15] Volume 2 [Books 16-29] Volume 3 [Books 30-40]

The Digest of Justinian

These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three ...

The Digest of Justinian

When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson.

All Oppression Shall Cease

1.5.4 in Alan Watson, ed. and trans., The Digest of Justinian, vol. 1 (Philadelphia: University of Pennsylvania Press, 1998), 15. 13 Keith Bradley, “Slavery in the Roman Republic,” in Bradley and Cartledge, The Cambridge World History ...

All Oppression Shall Cease


Fores et Fenestrae A Computational Study of Doors and Windows in Roman Domestic Space

(1998d), The Digest of Justinian. Volume 4, Philadelphia: University of Pennsylvania Press. Watts C.M. (1987), A Pattern Language for Houses at Pompeii, Herculaneum and Ostia, PhD Dissertation. University of Texas at Austin.

Fores et Fenestrae  A Computational Study of Doors and Windows in Roman Domestic Space

The role doors and windows play in shaping the life and structure of Roman private dwellings has been underestimated; they are structures that connect not only rooms but houses to the outside world, and they relate to privacy, security, and light in domestic spaces. This volume analyses these structures as an essential part of daily life.

A History of Divorce Law

Watson, Alan, Theodor Mommsen, and Paul Krueger (eds), The Digest of Justinian, Volume 4 (University of Pennsylvania Press 1985). Watson, Ian, 'Mollie, Countess Russell' (2003) 23 Russell: The Journal of Bertrand Russell Studies 65.

A History of Divorce Law

The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.

What Makes a Church Sacred

Gaius, Institutes 2.1.9; Francis de Zulueta, ed., The Institutes of Gaius, vol. 1 (Oxford: Clarendon Press, 1946), 66. 4. D. 1.1.1.2. 5. Justinian, Institutes 2.1.7; J. A. C. Thomas, ed., The Institutes of Justinian: Text, Translation, ...

What Makes a Church Sacred

"If churches belong to no one, what is their purpose? Mary K. Farag persuasively demonstrates that three interest groups cared about this question in late antiquity: law-makers, Christian leaders, and wealthy lay-persons. Most of the time, their answers co-existed, sitting side-by-side like tectonic plates. Yet the plates did not always sit still, and it is events on their colliding boundaries that account for familiar Christian controversies in novel ways. What Makes a Church Sacred? argues that scholarship misunderstands well-known religious figures by ignoring the legal issues they faced. In this seminal text, Farag nuances the scholarly conversations on sacred space, gift-giving, wealth, and poverty in the late antique Mediterranean world, making use not only of Latin and Greek sources, but also Coptic and Arabic evidence"--

Slavery and Other Forms of Strong Asymmetrical Dependencies

The Digest of Justinian, vol. 4 (Philadelphia: University of Pennsylvania Press, 1985). Watson, Alan. The Law of Succession in the Later Roman Republic (Oxford: Clarendon Press, 1971). Weaver, Paul Richard Carey. Familia Caesaris.

Slavery and Other Forms of Strong Asymmetrical Dependencies

In this volume, we approach the phenomenon of slavery and other types of strong asymmetrical dependencies from two methodologically and theoretically distinct perspectives: semantics and lexical fields. Detailed analyses of key terms that are associated with the conceptualization of strong asymmetrical dependencies promise to provide new insights into the self-concept and knowledge of pre-modern societies. The majority of these key terms have not been studied from a semantic or terminological perspective so far. Our understanding of lexical fields is based on an onomasiological approach – which linguistic items are used to refer to a concept? Which words are used to express a concept? This means that the concept is a semantic unit which is not directly accessible but may be manifested in different ways on the linguistic level. We are interested in single concepts such as ‘wisdom’ or ‘fear’, but also in more complex semantic units like ‘strong asymmetrical dependencies’. In our volume, we bring together and compare case studies from very different social orders and normative perspectives. Our examples range from Ancient China and Egypt over Greek and Maya societies to Early Modern Russia, the Ottoman Empire and Islamic and Roman law.

The Position of Roman Slaves

Thomas in Alan Watson, The Digest of Justinian, vol. 1–4 [Philadelphia: University of Pennsylvania Press, 1985]: vol. 4, 502). For a detailed discussion of the various problems see Wolfgang Krüger, Erwerbszurechnung kraft Status.

The Position of Roman Slaves

Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social differences, and if so, in what shape? Were exceptions created only in individual cases, or did the legal system generate privileges for particular groups of slaves? Did it reinforce and even promote social differentiation? All papers probe neuralgic points that are apt to challenge the homogeneous image of Roman slave law. They show that this law was a good deal more colourful than historical research has so far assumed. The authors’ primary concern is to make this legal diversity accessible to historical scholarship.

Roadworks

55 Digest, 43.8.2.21; Digest of Justinian, ed. Mommsen and Krueger, vol. 4, pp. 575, 578. This distinction was known and repeated in medieval England, but Bracton does not use it, see Frederick Pollock, 'The king's peace', ...

Roadworks

A groundbreaking, interdisciplinary study of roads and wayfinding in medieval England, Wales, and Scotland. It looks afresh at the relationship between the road as a material condition of daily life and the formation of local and national communities.

Kids Those Days Children in Medieval Culture

Widespread interest in Roman law, particularly Justinian's Corpus Iuris Civilis, grew in the eleventh century. ... Digesta 47.2.23; The Digest of Justinian: Vol. 4, 257. Thomas J. McSweeney and Michéle K. Spike, “The Significance of the ...

Kids Those Days  Children in Medieval Culture

Kids Those Days is a collection of interdisciplinary research into medieval childhood. Contributors investigate abandonment and abuse, fosterage and guardianship, criminal behavior and child-rearing, child bishops and sainthood, disabilities and miracles, and a wide variety of other subjects related to medieval children.

Priests of the Law

For the same applies to all property inland from which we have withdrawn without the intention of abandoning their possession.” D.43.16.1.24–25; Digest of Justinian, vol 4,98. 68 For the proposition that interdicts deal with ...

Priests of the Law

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.

Natural Law and Thomistic Juridical Realism

Vol. 1. Translated by Fathers of the English Dominican Province. New York: Benziger Brothers, 1947. ... Vol. 1. Philadelphia: University of Pennsylvania Press, 1999. Watson, Alan, ed. The Digest of Justinian. Vol. 4.

Natural Law and Thomistic Juridical Realism

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Principle and Pragmatism in Roman Law

3 MH Crawford, trans of D. 50.11.2 in WAJ Watson (ed), The Digest of Justinian, vol 4 (Philadelphia, University of Pennsylvania Press, 1985), 440. 4O Behrends and others (eds), Corpus Iuris Civilis Text und Übersetzung, vol 2 ...

Principle and Pragmatism in Roman Law

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

The Evolution of Western Private Law

Part of the translation is omitted from Mommsen, Digest, 4; see The Digest of Justinian, vol. 2, 2d ed. Alan Watson (Philadelphia, 1998), on this text. 71. For other systems that will not be discussed here but where Roman law was ...

The Evolution of Western Private Law

The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.

Sovereignty Property and Empire 1500 2000

As we have seen, according to the Institutes: 'what previously belonged to no one is, by natural reason, accorded to its captor ... 87 The institutes of Justinian, bk. II, i, 11–12. Digest of Justinian, vol. 4, 487a. See also: Gai.

Sovereignty  Property and Empire  1500 2000

Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

Stone and Dung Oil and Spit

3⁄43⁄43⁄4, and Jutta Jokiranta. “Groups in Tension: Sectarianism in the Damascus Document and the Community Rule.” In Chalcraft, Sectarianism in Early Judaism, 205- 45. Watson, Alan, trans. The Digest of Justinian. Vol. 4.

Stone and Dung  Oil and Spit

The intersection of archaeology and text in the late Second Temple period -- 2. Purifying the body and hands -- 3. Creeping and swarming creatures, locusts, fish, dogs, chickens, and pigs -- 4. Household vessels: pottery, oil lamps, glass, stone, and dung -- 5. Dining customs and communal meals -- 6. Sabbath observance and fasting -- 7. Coins -- 8. Clothing and tzitzit -- 9. Oil and spit -- 10. Toilets and toilet habits -- 11. Tombs and burial customs -- 12. Epilogue: the aftermath of 70.

The Routledge History of Slavery

Notes 1. Maidservants: Homer, Odyssey, 22.457ff, in A. T. Murray and G. E. Dimock (trans.), Homer, vol. 4. ... The Digest of Justinian, 48.8.11.2 in A. Watson, ed. and trans., The Digest of Justinian, vol. 2.

The Routledge History of Slavery

The Routledge History of Slavery is a landmark publication that provides an overview of the main themes surrounding the history of slavery from ancient Greece to the present day. Taking stock of the field of Slave Studies, the book explores the major advances that have taken place in the past few decades of study in this crucial field. Offering an unusual, transnational history of slavery, the chapters have all been specially commissioned for the collection. The volume begins by delineating the global nature of the institution of slavery, examining slavery in different parts of the world and over time. Topics covered here include slavery in Africa and the Indian Ocean World, as well as the Transatlantic Slave Trade. In Part Two, the chapters explore different themes that define slavery such as slave culture, the slave economy, slave resistance and the planter class, as well as areas of life affected by slavery, such as family and work. The final part goes on to study changes and continuities over time, looking at areas such as abolition, the aftermath of emancipation and commemoration. The volume concludes with a chapter on modern slavery. Including essays on all the key topics and issues, this important collection from a leading international group of scholars presents a comprehensive survey of the current state of the field. It will be essential reading for all those interested in the history of slavery.

An English Tradition

136; Blackstone, Commentaries, volume 4 p. ... denies” (ei incumbit probatus qui dicit, non qui negat, Digest, book 22 3.2): see The Digest of Justinian, translated by Alan Watson and others, 4 volumes, Philadelphia 1985, volume 2 p.

An English Tradition

For hundreds of years English people have claimed that fair play is at the core of their national identity. Jonathan Duke-Evans looks at the history of fair play in Britain from earliest times to the present, asking whether it is in fact a British, or alternatively an English, characteristic at all - and if so, whether fair play still matters today? In An English Tradition?, Jonathan Duke-Evans explores the origins of the idea of fair play, tracing it back to the classical world and the Dark Ages, and finding its genesis deep within England's social structure. Charting its early development through both the tales of chivalry and the stories of popular legend, the book shows how fair play manifested itself in literature, the law, the Christian religion, and the family. It examines the way in which fair play was conceived during the ages of slavery and empire, and it proposes a new account of the birth of modern sport in the encounter between age-old popular games and the Victorian cult of amateurism. Taking in the Scottish, Irish, and Welsh manifestations of fair play, Duke-Evans offers contrasts and comparisons from cultures all around the world, and suggests new perspectives on the relevance of fair play in the twenty-first century.

Small Finds and Ancient Social Practices in the Northwest Provinces of the Roman Empire

Berolini apud Georgium Reimerum. The Digest of Justinian, vol. 4. Trans. A. Watson (1985). Philadelphia, University of Pennsylvania Press. Juvenal, Saturae. In Juvenal and Persius. Ed. and Trans. S. M. Braund (2004).

Small Finds and Ancient Social Practices in the Northwest Provinces of the Roman Empire

Small finds – the stuff of everyday life – offer archaeologists a fascinating glimpse into the material lives of the ancient Romans. These objects hold great promise for unravelling the ins and outs of daily life, especially for the social groups, activities, and regions for which few written sources exist. Focusing on amulets, brooches, socks, hobnails, figurines, needles, and other “mundane” artefacts, these 12 papers use small finds to reconstruct social lives and practices in the Roman Northwest provinces. Taking social life broadly, the various contributions offer insights into the everyday use of objects to express social identities, Roman religious practices in the provinces, and life in military communities. By integrating small finds from the Northwest provinces with material, iconographic, and textual evidence from the whole Roman empire, contributors seek to demystify Roman magic and Mithraic religion, discover the latest trends in ancient fashion (socks with sandals!), explore Roman interactions with Neolithic monuments, and explain unusual finds in unexpected places. Throughout, the authors strive to maintain a critical awareness of archaeological contexts and site formation processes to offer interpretations of past peoples and behaviors that most likely reflect the lived reality of the Romans. While the range of topics in this volume gives it wide appeal, scholars working with small finds, religion, dress, and life in the Northwest provinces will find it especially of interest. Small Finds and Ancient Social Practices grew out of a session at the 2014 Theoretical Roman Archaeology Conference.

The Right to Be Present at Trial in International Criminal Law

... Blackstone's Human Rights Digest (Blackstone Press Ltd 2001) Stavros S, The Guarantees for Accused Persons Under ... vol 1 (Mommsen T and Krueger P (eds lat), UPenn 1985) Watson A (ed), The Digest of Justinian, vol 4 (Mommsen T and ...

The Right to Be Present at Trial in International Criminal Law

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.