It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood. The main focus is on the major legal texts (the Digest, the Institutes of Gaius, the Code of Justinian and the Theodosian Code), but a significant number of non-legal documentary sources are included. These are particularly important as they illustrate how the law worked in practice, and how this practice (particularly in the provinces) could differ from the letter of the law. Accessible English translations are enhanced by clear, concise background material, which includes useful explanation of historical and geographical context, and a helpful glossary of Roman legal and administrative terms completes the volume.
Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
This is a study of a crucial and controversial topic in metaphysics and the philosophy of science: the status of the laws of nature. D. M. Armstrong works out clearly and in comprehensive detail a largely original view that laws are relations between properties or universals. The theory is continuous with the views on universals and more generally with the scientific realism that Professor Armstrong has advanced in earlier publications. He begins here by mounting an attack on the orthodox and sceptical view deriving from Hume that laws assert no more than a regularity of coincidence between instances of properties. In doing so he presents what may become the definitive statement of the case against this position. Professor Armstrong then goes on to establish his own theory in a systematic manner defending it against the most likely objections, and extending both it and the related theory of universals to cover functional and statistical laws. This treatment of the subject is refreshingly concise and vivid: it will both stimulate vigorous professional debate and make an excellent student text.
It is about Roman law in its social context, an attempt to strengthen the bridge between two spheres of discourse about ancient Rome by using the institutions of the law to enlarge understanding of the society and bringing the evidence of the social and economic facts to bear on the rules of law.
The translation of law has played an integral part in the interaction among nations in history and is playing a greater role in our increasingly interconnected world today. The book investigates legal translation in its many facets as an intellectual pursuit and a profession. It examines legal translation from an interdisciplinary perspective, covering theoretical and practical grounds and linguistic as well as legal issues. It analyses legal translation competence and various types of legal texts including contracts, statutes and multilateral legal instruments, presents a comparative analysis of the Common Law and the Civil Law and examines the case law from Canada, Hong Kong and the European Court of Justice. It attempts to demonstrate that translating law is a complex act that can enrich law, culture and human experience as a whole.
Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Cloth. $90. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication a...