3,061 research outputs found

    Tignum Iunctum: The XII Tables and a Lost Word

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    A text of the scholar Festus, which is famous among Latinists and lawyers alike, reads: Tignum non solum in aedificiis, quo utuntur, appellatur, sed etiam in vineis, ut est in XII: Tignum iunctum aedibus vineave et concapit ne solvito . For the quotation from the XII Tables, the manuscripts showsome variation for \u27vineave\u27: \u27victum\u27 in W, \u27vineaque\u27 in V and \u27minerve\u27 in X. But these we can happily leave aside and com to the crux of the text, \u27concapit\u27, which appears in all the manuscripts. \u27Concapit\u27, a corrupt word, and difficult of explanation say Lewis and Short! And the emendations proposed are numerous and lacking in general approval. J.J. Scaliger suggested \u27e concapi\u27, Cuiacius \u27et concapit\u27, Mommsen \u27e compage\u27, Gotz \u27e concapidine\u27, Muller \u27e concapte\u27, but Schoell reverts to \u27e concapi\u27 and Huschke has \u27sei concapit\u27. Riccobono excises the words altogether. To show that the age of invention is not over I wish to propose and defend yet another emendation which will have its own particular virtues, legal and linguistic

    Roman Slave Law: An Anglo-American Perspective

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    When one looks at Roman slave law from an Anglo-American perspective, what is striking is the apparent disinterest or lack of concern in the subject on the part of the state and the corresponding freedom of action allowed to slave owners. My claim is not that there was little law--indeed there was a great deal--but that the state did not get overly involved in laying down what owners could do with their slaves. For instance, though law decreed the methods by which slaves could be freed, the state imposed very few restrictions on manumission. This is all the more striking in that manumission gave citizenship as well as freedom. Roman citizenship was highly prized, giving economic advantages as well as status

    An Unprincipled Decision on a Will

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    In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig)

    Roman Law and English Law: Two Patterns of Legal Development

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    It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other. More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and A.D. McNair wrote of the affinity of the Roman jurist and the common lawyer and even claimed, It may be a paradox, but it seems to be the truth that there is more affinity between the Roman jurist and the common lawyer than there is between the Roman jurist and his modern civilian successor. The former author wrote elsewhere of the essential kinship, not of the Roman and the English law, but rather of the Roman and the English lawyer. Such writers are, of course, also aware of differences between the two systems. But the stress on similarities in these two approaches is, I believe, fundamentally misplaced, and leads to serious misunderstandings of the two systems, and of legal development in general. This paper is an attempt to, correct the perspective