《HISTORICAL INTRODUCTION TO THE STUDY OF ROMAN LAW THIRD EDITION》

1 Periods in the history of Rome and in the history of her law1

Periods in history1

Periods in the history of the law4

2 The republican constitution8

Elements8

The struggle between the orders9

The assemblies of the people17

Characteristics and procedure of Roman assemblies27

The senate30

The magistracies45

3 Italy and the provinces during the republic58

Italy58

The provinces66

Excursus -Double citizenship71

4 Social conditions and the different classes of the population during the republic75

5 Sources of law in the republic86

Lex and plebiscitum86

Interpretatio88

Edicta magistratuum97

Custom101

6 Law for foreigners, ius gentium and ius naturale102

7 The Ⅻ Tables108

8 The law of the family and of succession at the time of the Ⅻ Tables114

Marriage114

Patria potestas118

Guardianship121

The agnatic relationship122

Succession on death123

Intestate succession124

Testamentary succession126

9 Slavery and manumission at the time of the Ⅻ Tables133

10 The law of property at the time of the Ⅻ Tables137

Res mancipi and nec mancipi137

Ownership140

Methods of acquiring ownership143

Restrictions on ownership156

11 The law of obgations at the time of the Ⅻ Tables159

Introduction159

Nexum164

Delict167

12 The law of procedure at the time of the Ⅻ Tables175

Summons （in ius vocatio）175

Trial176

Execution187

13 Private law from the Ⅻ Tables to the fall of the republic:procedure191

Changes in the system of legis actiones192

The formulary system199

14 Private law from the Ⅻ Tables to the fall of the republic:the law of the family and of succession233

Marriage233

Patria potestas and bondage238

Guardianship239

Succession242

15 Private law from the Ⅻ Tables to the fall of the republic:the law of slavery and manumission256

16 Private law from the Ⅻ Tables to the fall of the republic:the law of property259

The possessory interdicts259

Origin of the possessory interdicts261

The actio Publiciana and the development of ‘ bonitary’ ownership263

Ownership of provincial land267

Ownership by peregrini268

Iura in re aliena268

17 Private law from the Ⅻ Tables to the fall of the republic:the law of obligations271

Delict272

Contract279

18 Criminal law in the republic305

From the Ⅻ Tables until the legislation of Sulla305

The quaestiones perpetuae after Sulla318

19 The constitution under the principate321

The beginnings of the principate321

The development of the principate324

20 Classes of the population and the government of the cities under the principate345

The extension of the citizenship345

20 Classes of the population and the government of the cities under the principate - continued Local government347

Classes of the population350

21 Sources of law in the principate353

The old sources353

The new sources363

22 Legal science during the principate374

The work of the jurists374

The two schools378

The chief individual jurists380

23 Jurisdiction and procedure in the principate395

General395

Innovations in civil procedure397

Criminal jurisdiction401

24 General character of the classical law405

Introductory405

Influences and methods406

Decreasing formalism and rigidity408

Increasing tendency towards abstract methods of thought412

Increased use of writing414

25 The constitution under the Dominate421

The imperial power421

The administrative machine423

The senates and the remaining republican magistracies431

Classes of the population433

26 Procedure and jurisdiction in the Dominate439

Civil procedure439

The courts and jurisdiction445

27 Sources from the end of the classical period to the accession of Justinian451

Legal science451

Imperial legislation460

The barbarian codes466

28 The character of the law from the end of the classical period to the accession of Justinian469

The reception of Greek institutions469

Vulgar law ’473

29 The legislation of Justinian478

The course of legislation479

Legal education498

The history of Justinian’s legislation in the East500

30 General character of Justinian’s law505

Index517