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Manual Unheil: Roman (German Edition)

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When preparing this material the following work was not available to me: Vincenti , Umberto , ed. However, based on the summary in Labeo 47 : —67, my arguments would not change. Recorded judgments that survive are rare. The most outstanding example of such a record under the formulary procedure is probably the Tabula Contrebiensis 87 BC from Botorrita in Spain, which recites two formulae and adds a judgment at the end.

See Richardson , J. A second outstanding example is a decision on the inheritance of a Roman soldier in Egypt, from perhaps A.

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Arangio-Ruiz , Vincenzo [ Florence : S. This decision does not actually preserve the aspect of a Roman formula though the beginning mimics a demonstratio; see Gaius, Institutes 4. See Meyer , Paul M. Lawson , F. Strasser , Rudolph et al.

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Gaius, Institutes 1. A similar list is given in Digest 1. Cicero, de Inventione 2. Quintilian, Institutie Oratoria 5. On the last item perhaps the clearest sources are Rhetorica ad Herennium 2. Other rhetorical sources that allude to judgments as evidence of the law are cited in Frier, Roman Jurists , n. Advocates themselves may have regarded prior cases as something more than evidence of the law: see ibid. On this point see also notes to below and accompanying text. See Digest 1. Similarly, Schulz, Roman Legal Science , Tellegen-Couperus , O. Diesen bisher nur wenig untersuchten Fragen wollen wir im folgenden nachgehen.

The doctrine that precedents are binding is not an essential feature of a system based on precedent. Jolowicz , J. London : Athlone , , —23 ; Jolowicz , H. Cambridge : Cambridge University Press , , n. Jolowicz and Nicholas, Historical Introduction , n. Jolowicz later used stronger language for this important conclusion. Cambridge : Cambridge University Press , , appendix to n. The edition that followed appeared after Jolowicz's death and was edited by Barry Nicholas.

Jolowicz's interpretation of the papyrological evidence is bolder than that of Weiss, who had treated most of the same material twenty-five years earlier. Weiss saw the papyri as confirmation that, in provincial practice, a series of decisions might reveal local customary law, as suggested in Digest 1. Jolowicz goes further than this, arguing that decisions were made on the authority of prior judgments—even single judgments—and not necessarily on the authority of any custom revealed in the judgments. Katzoff has treated the same material more recently and agrees with Jolowicz that decisions were sometimes based on prior judgments.

This is not Jolowicz's view, as the quotation above makes clear. There was, as I have tried to show, nothing in classical Greece out of which such a system could have arisen. There is no reason to believe that the native Egyptians had anything of the sort. See note 58 above. Jolowicz's suggestion is therefore significant primarily for what it suggests about the development of jurists' law and less significant for anything it might say about the character of that law.

Of course, the explanations may simply be wrong, whence the lack of attention. Schiller , A. He also seems to cite part of Collinet's study with approval.


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Katzoff, writing after Schiller and with Schiller's encouragement, accepts Jolowicz's general conclusion, but so far as I am aware he is the only one to do so. Her thesis is not that a judge's decision was ever a formal source of law, but only that judges contributed to the development of the law to a greater degree than is commonly appreciated. They did so, she says, through the jurists, who would use judicial decisions that they thought were important for the development of the law, and in which they themselves had played a role either as advisers or indeed as judges , and incorporate them into their collections of responso.

Tellegen-Couperus's argument is bolder than Jolowicz's because it links decisions directly to the writings of the jurists.

clublavoute.ca/map145.php She therefore confronts the common opinion on its own terms, asserting that decisions were indeed contributing content to jurists' law. Jolowicz, in contrast, more or less leaves it up to the reader to speculate by what means precedent played a role in the development of the law.

What distinguishes Tellegen-Couperus's view from the usual view of responso is her suggestion that the jurists to some degree took their cue from the judges, not the other way around. Whitman , J. Puenta , G. Edinburgh : William Blackwood and Sons , , Compare Crook , J. Engelmann , Arthur et al.

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Kelley, , , As in private law, both romanists and germanists were among the writers on procedure, and a rivalry existed. Book four of Gaius's Institutes was particularly helpful on the archaic legis actio procedure 4. The most famous are Heffter , A.


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    Bielefeld : Gieseking , , — Van Caenegem, History , Another example, from several decades earlier: when leading a ministry for the reform of Prussian laws in , Savigny had prepared a set of discussion points for the reform of Prussian civil procedure. Das allein besagt der heute sog. His approach is the same as discussed above.

    Lewis , A. Asser is not to be criticized in this respect, because it was not his aim to set out the Roman law on bilaterality, but the proposition is nevertheless misleading. The procedure itself is indeed bilateral, but litigation collateral to the main action might be one-sided. For example, an interdict might be granted against someone who was absent.

    See Digest Please note that the written feedback from all the children is currently being translated into English. Artist Catrin Huber explains the ideas behind bringing site-specific fine-art practice to Roman houses in Pompeii and Herculaneum. Form Of Engagement Activity A broadcast e.

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    The film has been viewed times March The podcast has been viewed 32 times March The podcast has been viewed 68 times March The podcast was viewed 32 times March This resulted in questions and discussions after the talk. The students also organised a workshop session on Expanded Interiors for the next day with Catrin Huber to further discuss the project. The students reported how inspirational the talk was, and some set-up surgery tutorials about their own work with Catrin.

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    No Geographic Reach National Primary Audience Third sector organisations Results and Impact About 50 people from stakeholder organisations, museums, and academia attended this event, which introduced the project and allowed for discussion and exchange April Its aim was to raise awareness across the sector of University research engaging with heritage issues. The session included handling of 3D replicas of Roman objects, and was very well received by the audience, and gained considerable regional media coverage in Italy. The talk was followed by a lively discussion, and audience members were keen to get further involved, and highlighted that it was the first time that events workshop for guides had been organised specifically for them.

    The participants reported that the tour had changed their understanding of the relationship between contemporary and ancient art. Their written feedback is currently being translated into English. The tour opened up an engaged conversation about the research. All participants rated the exhibition as excellent. Comments included: '..