http://www.romanlegaltradition.org/ A journal of ancient, medieval, and modern civil law en-us editor@romanlegaltradition.org Mon, 07 Dec 2009 10:55:39 GMT http://romanlegaltradition.org/img/blueman.gif http://www.romanlegaltradition.org/ http://www.romanlegaltradition.org/contents/2009/ Latin American Law: A History of Private Law and Institutions in Spanish America. By M. C. Mirow. Austin: University of Texas Press, 2004. 359 pp. ISBN 978-0-292-72142-5 (paperback). Fri, 26 Feb 2010 14:53:18 GMT http://www.romanlegaltradition.org/contents/2009/ Codex Theodosianus: Le code Théodosien V. Edited and translated by S. Crogiez-Pétrequin, P. Jaillette, and J.-M. Poinsotte. Turnhout: Brepols Publishers, 2009. 523 pp. ISBN 978-2-503-51722-3. Fri, 26 Feb 2010 14:51:08 GMT http://romanlegaltradition.org/contents/2009/ Fairchild v. Glenhaven Funeral Services, 2002 U.K.H.L. 22; Foskett v. McKeown, [2001] 1 A.C. 102; and OBG v. Allan, 2007 U.K.H.L. 21. The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within these decisions can be seen the value of reference to Roman law.]]> Fri, 04 Dec 2009 11:02:09 GMT http://romanlegaltradition.org/contents/2009/ culpa-) based and situational liability, it hypothesizes that the quasi-delictal appendix arose after the time of Gaius' Institutes from a contraction of the Roman concept of a civil wrong (delictum): its scope would have narrowed from an unlawful liability-creating act to a blameworthy such act, thereby rejecting, outside of the delictal class proper, instances of liability regardless of fault.]]> Wed, 05 Aug 2009 10:59:38 GMT http://romanlegaltradition.org/contents/2008/ This article examines the process whereby legal principle was created in the formative period of the ius commune (1100-1400). It uses a specic example from the realm of the law of letting and hiring to argue that distinct phases can be identied in this process. An appreciation of the existence of these phases, in turn, casts new light on the variety of specialized cognitive techniques employed by medieval jurists to transform Roman legal rules into the "common law" of Europe. Mon, 20 Oct 2008 11:20:14 GMT http://romanlegaltradition.org/contents/2008/ familia in early Rome. The word seems orginally to have had no meaning coincident with the modern word "family." Rather it carried one of two other broad meanings, the earlier one economic, the later one based on relationship. It referred first to the economic family, analogous to patrimony, but including the family house, and even the group of persons who lived in the family house. It next came to signify a group of persons joined by relationship, eventually undergoing division into familia proprio iure and familia communi iure, assimilated respectively to the much older notions of adgnatio and cognatio.]]> Thu, 30 Oct 2008 11:22:45 GMT http://romanlegaltradition.org/contents/2008/ Late Roman legislation regarding the inheritance rights of nonmarital children is a tangled web of seemingly conicting constitutions. Focusing on the period 371-428 AD, this Article argues that, when two particular Western laws from that era are considered alongside others issued at the same time, it is possible to discern some wider legislative trends that may help to contextualize the different attitudes shown toward nonmarital children. C.Th. 4.6.4 (371), a Western law benecial to nonmarital children, can arguably be linked with another Western law issued shortly afterward granting a privilege to the daughters of actresses, another disfavored class in the late empire. On the other hand, the later Western constitution C.Th. 4.6.7 (426-427), the exact content of which is uncertain and disputed, appears to have been issued at a time when the Western consistory was especially concerned with promoting the interests of legitimate heirs. This lends support to the theory that the Western C.Th. 4.6.7 (and not a subsequent Eastern constitution hypothesized by Antti Arjava) was the law referred to in C.Th. 4.6.8 (428) as adopting a harsh position with regard to nonmarital children. Thu, 30 Oct 2008 11:24:52 GMT