9780801421600 - the institutes of gaius (texts in roman law) von gordon, w. m. (1 Ergebnisse)
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Zustand: Sehr gut. 579 Seiten; 22 cm; fadengeh., rückengoldgepr. Orig.-Leinenband. Gutes Exemplar; Vorsatz gestempelt. - Englisch; Latein. - Vorbesitz von Prof. Wolfgang Haase. - INHALT : Introduction ------ 1. Gaius and his place in Roman Law ------ 2. The text of the Institutes ------ 3. This translation ------ THE INSTITUTES…OF GAIUS: Text and translation ------ Book One ------ Book Two ------ Book Three ------ Book Four ------ Vocabulary ------ Outline of contents. // The major source of our knowledge of Roman law is the collection, made by Justinian (Roman Emperor at Constantinople, A.D. 527-65), which is known as the Corpus Iuris Civilis. This consists of the Digest, the Code, and the Institutes, as well as the Novels, which were Justinian's own legislation and an addition to, rather than part of, the mainstream of Roman law preserved in the Corpus. A survey of these component parts is given in the Introduction to the companion volume of Justinian's Institutes. Here it is sufficient to say that the Digest is a selection from the writings of the classical jurists, that is, those who flourished between the later first century B.C. and the mid-third century A.D. Each selection, or fragment, is ascribed to its author and the relevant book. The Code is a collection of imperial legislation, running from the early second century up to Justinian's own time. However, much is legislation almost of a judicial character, with the emperor explaining the application of the law to particular cases. This is especially so for the period of the Roman Empire before the adoption of a new style of government - and the official acceptance of Christianity - by the Emperor Constantine in the early fourth century. The Institutes was written specifically as a text-book for first-year law students. Like the other parts of the Corpus, it was a compilation rather than an original piece of writing, although it was drafted to give the appearance of a coherent work. Not surprisingly, the process of compilation under Justinian involved editing. He was aiming to produce a compact law library for use by students and practitioners of his own day. Although he deliberately preserved fragments showing the development of earlier lawyers' thought, he excised the totally obsolete. The extent to which his editing altered the substance of what the classical jurists wrote has been a prolific field of research for modern scholars. Interpolation-hunting, as it has been called, is now much less radical, but there is no doubt that we often do not have the actual words and the original contexts of the passages in the Corpus. Yet almost all that we do know has come to us through Justinian. There are a few works which have survived independently and fully enough to show their original structure, but all but one of them are from the post-classical period and are themselves deliberate simplifications of previous material. Only one book (in the modern sense) has come down to us which is an original work of the classical period and, moreover, has not been revised by the compilers of the Corpus Iuris Civilis, and that book is the Institutes of Gaius. Gaius is acknowledged as the main source for Justinian's Institutes, both in content and in structure. It was from Gaius that Justinian drew his division of the whole outline of private law under the headings of Persons, Things, and Actions. The importance of this scheme has been well explained in pages 10-16 of the Introduction to the companion translation of Justinian's Institutes. It must remain an open question whether Gaius invented this system, the institutional structure which came to influence all European legal systems to a greater or lesser extent. (Einleitung) ISBN 0801421608 Sprache: Englisch Gewicht in Gramm: 650.
