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Roman Law for Scots Law Students
From property law to delict and unjustified enrichment, this textbook focuses on those areas of Roman law that have been most influential on Scots law.By using this book, students will enter practice with a greater depth of understanding of the roots of modern Scots law, helping them to feel confident in using Roman materials when tackling today's legal problems.
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Historical Foundations of the Common Law
This book is directed at the central difficulty in legal history: one is not reconstructing earlier answers to modern questions, but earlier questions; and they were different in kind.Today we see law as a system of substantive rules which can be explained in textbooks, altered by legislation, and embodied in a restatement or a code.It is somehow separate from society and needs separate adjustment; and there is a simple relationship between legal and other change.If this had always been so, legal and social and economic history would all be easy.They are not. Such a vision comes late in legal developments, and the common law reached that stage only in quite recent times.But ever since an early stage fortune has preserved copious original materials; and we can hope to trace not just the changing arrangements of one society, but the stages through which at least one legal system has passed, the changing ways in which the law itself has been seen.The underlying questions have always been beyond discussion in any practical context.How far are right and wrong man's business rather than God's?How and upon what terms are the resources of creation to be appropriated to individuals?But answers are at any one time assumed, and determine what smaller questions arise as daily business for those concerned with the legal process.It is to the changing nature of those practical questions that this book seeks to reduce the development of each of the main branches of the law.
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Cicero's Law : Rethinking Roman Law of the Late Republic
A fundamental re-assessment of Cicero's place in Roman law This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic a role that has been minimised or overlooked in previous scholarship.This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.ContributorsBenedikt Forschner Catherine Steel Christine Lehne-Gstreinthaler Jan Willem Tellegen Jennifer Hilder Jill Harries Matthijs Wibier Michael C.Alexander Olga Tellegen-Couperus Philip Thomas Saskia T.Roselaar Yasmina Benferhat
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Criminal Law : Historical, Ethical, and Moral Foundations
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law.In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed.This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the Model Penal Code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespassing, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography.The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law.Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve.Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
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Is Article 4 in the Basic Law a Roman law?
No, Article 4 of the Basic Law of the Federal Republic of Germany is not a Roman law. The Basic Law, also known as the Grundgesetz, is the constitution of Germany and was adopted in 1949. It is based on democratic principles and the rule of law, drawing on various legal traditions including Roman law, but it is not exclusively a Roman law. Article 4 specifically guarantees freedom of religion and conscience, which is a fundamental right in the German legal system.
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What does this sentence mean in Roman law?
In Roman law, the sentence "dura lex, sed lex" means "the law is harsh, but it is the law." This phrase reflects the idea that the law must be followed and enforced, even if it may seem harsh or unfair. It emphasizes the importance of upholding the rule of law and the authority of legal principles, regardless of personal feelings or opinions. This concept was central to the Roman legal system, which prioritized the stability and consistency of the law.
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Was the execution of Jesus legal according to Roman law?
The execution of Jesus was technically legal according to Roman law. The Roman governor, Pontius Pilate, had the authority to carry out capital punishment, and he ultimately approved Jesus' crucifixion. However, many historians and scholars argue that the trial and execution of Jesus were marred by political pressure, religious motivations, and a lack of due process, making it a controversial and unjust event. Additionally, the Roman authorities may have violated their own legal procedures in their haste to appease the Jewish religious leaders and maintain order in the region.
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What is the market law, customs law, and coinage law?
Market law refers to the regulations and rules governing the operation of markets, including issues such as trading practices, competition, and consumer protection. Customs law refers to the regulations and procedures governing the import and export of goods, including tariffs, duties, and trade agreements. Coinage law refers to the regulations and standards governing the production and circulation of currency, including issues such as minting, counterfeiting, and legal tender. These laws are important for maintaining order and fairness in economic activities and trade.
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Roman Law and Latin Literature
This volume offers a long overdue appraisal of the dynamic interactions between Roman law and Latin literature.Despite there being periods of massive tectonic shifts in the legal and literary landscapes, the Republic and Empire of Rome have not until now been the focus of interdisciplinary study in this field.This volume brings vital new material to the attention of the law and literature movement. An interdisciplinary approach is at the heart of this volume: specialists in Roman law rarely engage in constructive dialogue with specialists in Latin literature and vice versa but this volume bridges that divide.It shows how literary scholars are eager to examine the importance of law in literature or the juridical nature of Latin literature, while Romanists are ready to embrace the interactions between literary and legal discourse.This collection capitalizes on the opportunity to open a fruitful dialogue between scholars of Latin literature and Roman law and thus makes a major, much-needed contribution to the growing field of law and literature.
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Roman Law : Mechanisms of Development
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Roman Law and Maritime Commerce
Bringing together specialists in ancient history, archaeology and Roman law, this book provides new perspectives on long-distance trade in the Roman world.Recent archaeological work has shown that maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas.This book explores aspects of this development and its relationship with changes in the legal and institutional apparatus that supported maritime commerce.It analyses the socio-legal framework within which maritime trade was conducted, and in doing so presents a new understanding of the role played by legal and social institutions in the economy of the Roman world.
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Borkowski's Textbook on Roman Law
Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind.The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today.Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship.There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps.A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian.Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include:* Self-test questions on the key topics of Roman law give students the opportunity to test learning.These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook. * Revision sheets and sample essay questions aid exam preparation. * An interactive timeline supplements the list of dates featured in the introduction to the textbook.It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch).The timeline provides a chronological overview of the development of Roman private law in its political and historical context. * Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law). * There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.
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What is a Roman coin?
A Roman coin is a form of currency that was used in the Roman Empire. These coins were typically made of precious metals such as gold, silver, and bronze, and featured images of Roman emperors, gods, and symbols of power. Roman coins were used for trade and commerce throughout the empire and played a significant role in the economy. Today, Roman coins are highly sought after by collectors and historians for their historical and artistic value.
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Which Roman coin is this?
The Roman coin in the image appears to be a denarius, which was a silver coin used in ancient Rome. The denarius was first minted in the 3rd century BC and remained in circulation for several centuries. It typically featured the portrait of a Roman emperor on one side and various symbols and inscriptions on the other. The specific emperor and design on the coin would need to be examined to determine its exact identity.
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How can one pay with a collectible coin?
One can pay with a collectible coin by finding a willing buyer who is interested in the specific coin and is willing to exchange goods or services for it. The value of the coin will need to be agreed upon by both parties, and the transaction can be completed by physically exchanging the coin for the agreed-upon value. Alternatively, the coin can be sold to a dealer or collector for its market value, and the proceeds can then be used to make a purchase. It's important to note that some collectible coins may have a higher value as a collector's item than their face value, so it's important to research and understand the value of the coin before attempting to use it as payment.
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What are the commutative law, the associative law, and the distributive law?
The commutative law states that the order of the numbers in an addition or multiplication equation does not affect the result. For example, 2 + 3 is the same as 3 + 2, and 2 x 3 is the same as 3 x 2. The associative law states that the grouping of numbers in an addition or multiplication equation does not affect the result. For example, (2 + 3) + 4 is the same as 2 + (3 + 4), and (2 x 3) x 4 is the same as 2 x (3 x 4). The distributive law states that multiplication distributes over addition, meaning that a(b + c) is equal to ab + ac. This law is used to simplify expressions and equations involving both addition and multiplication.
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