Download e-book for kindle: A short history of Roman law by Olga Tellegen-Couperus

By Olga Tellegen-Couperus

ISBN-10: 0203416465

ISBN-13: 9780203416464

ISBN-10: 0203724704

ISBN-13: 9780203724705

ISBN-10: 0415072514

ISBN-13: 9780415072519

ISBN-10: 0585449023

ISBN-13: 9780585449029

ISBN-10: 1134908016

ISBN-13: 9781134908011

Crucial production of the Romans used to be their legislation. during this e-book, Dr Tellegen-Couperus discusses the way the Roman jurists created and constructed legislation and how during which Roman legislation has come all the way down to us. particular realization is given to questions equivalent to `who have been the jurists and their legislation colleges' and to the shut connection among jurists and the politics in their time.

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These authors maintain that these so-called leges regiae were collected and written down at the end of the monarchy by a pontifex maximus, Sextus Papirius. However, it is very likely that the authors in question took it for granted that laws were made under the monarchy in more or less the same way as in their own time, and therefore their information is not very reliable. From the few fragments that remain of the leges regiae it is evident that they were not real laws but were pronouncements made by the king, in which he established certain norms in the religious/juridical field.

They were given supreme political power (imperium) for the period in which they performed this task and simultaneously the powers of the magistrates were curtailed. In the following year, 450 BC, the decemviri produced a copy of 19 FROM MONARCHY TO EARLY REPUBLIC (–367 BC) the laws on ten tabulae (tables/tablets) but it was regarded as unsatisfactory, particularly by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. Then the twelve tables were finally approved by the people’s assembly, so we are told.

The pontiffs used this provision to free a son from patria potestas. The father mancipated the son three times to a friend and the friend manumitted the son after each mancipation. 24 THE LAW After the first and second mancipation the son returned to the power of his father; after the third mancipation the patria potestas ceased to exist and whenever the son was then manumitted by the buyer he became sui iuris (independent). Usually, however, the son was mancipated back to the father who thereupon manumitted the son himself.

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A short history of Roman law by Olga Tellegen-Couperus


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