Description
Excerpt from A Text-Book of Roman Law From Augustus to Justinian
The following pages contain an attempt to state the main rules of the Private Law of the Roman Empire for the use of students, and the chief purpose of the writer has been to set out the established or accepted doctrines. This consideration may be held to justify the arrangement of the book. Much criticism, often well founded, has been directed'at the arrangement adopted by Gaius and followed by Justinian in his Institutes, and many modern treatises adopt arrangements differing from it in im portant respects. But these arrangements differ so widely among them selves that it may fairly be assumed that none of them has such over whelming advantages as to make it desirable for the present purpose to adopt it, in view of the fact that the texts to which the student is directed adopt a different order. The general plan of the book therefore follows the Institutional arrangement, though with no hesitation in abandoning it where this course seems to tend to lucidity of exposition. In truth no order of treatment can be quite satisfactory. The study of any branch of the law calls for some knowledge of ideas which are to be looked for in other branches. The law of Persons suffers least from this source of difficulty and can therefore conveniently be studied first. But it is not quite free from it: in particular, ideas connected with civil, procedure are frequently involved. This is the case throughout the law: in all systems, the remedy is the root of the matter. Rules of Law do not enforce them selves, and a general idea of the system of remedies, of the steps to be taken if a right is infringed, of the broad distinctions between the different remedies for infringement of different kinds of right, and of the nature of the relief which can be obtained, will be found greatly to facilitate the study of the substantive law. A very brief account of these matters has been prefixed1 to the detailed account of the law of procedure, and the student is advised to familiarise himself with this, before be ginning his systematic study of the book.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The following pages contain an attempt to state the main rules of the Private Law of the Roman Empire for the use of students, and the chief purpose of the writer has been to set out the established or accepted doctrines. This consideration may be held to justify the arrangement of the book. Much criticism, often well founded, has been directed'at the arrangement adopted by Gaius and followed by Justinian in his Institutes, and many modern treatises adopt arrangements differing from it in im portant respects. But these arrangements differ so widely among them selves that it may fairly be assumed that none of them has such over whelming advantages as to make it desirable for the present purpose to adopt it, in view of the fact that the texts to which the student is directed adopt a different order. The general plan of the book therefore follows the Institutional arrangement, though with no hesitation in abandoning it where this course seems to tend to lucidity of exposition. In truth no order of treatment can be quite satisfactory. The study of any branch of the law calls for some knowledge of ideas which are to be looked for in other branches. The law of Persons suffers least from this source of difficulty and can therefore conveniently be studied first. But it is not quite free from it: in particular, ideas connected with civil, procedure are frequently involved. This is the case throughout the law: in all systems, the remedy is the root of the matter. Rules of Law do not enforce them selves, and a general idea of the system of remedies, of the steps to be taken if a right is infringed, of the broad distinctions between the different remedies for infringement of different kinds of right, and of the nature of the relief which can be obtained, will be found greatly to facilitate the study of the substantive law. A very brief account of these matters has been prefixed1 to the detailed account of the law of procedure, and the student is advised to familiarise himself with this, before be ginning his systematic study of the book.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Details
Publisher - Forgotten Books
Author(s) - William Warwick Buckland
Paperback
Published Date -
ISBN - 9781334719400
Dimensions -
Page Count - 784
Hardback
Published Date -
ISBN - 9780260336224
Dimensions - 22.9 x 15.2 x 4.5 cm
Page Count - 782
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