Rec's Required: Roman Law

gothicangel · Dec 13, 2011

Writing my new WIP, I've found myself a new subject to drive me around the bend.

My MC has found himself on the wrong side of the Praetorian Guard, imprisoned at Mamertine and now about to be dragged to trial. I've done some prelimanary reading of Roman Law [Twelve Tables etc], and I'm getting cross eyed.

Can anyone recommend any good books or websites?

Flicka · Dec 13, 2011

We had to read several books on Roman law in law school but they were mainly preoccupied with civil rather than criminal law...

gothicangel · Dec 13, 2011

Flicka said:
We had to read several books on Roman law in law school but they were mainly preoccupied with civil rather than criminal law...

I found a half decent website, but it's very basic, and have a load of questions in my head.

I might have to try the local University bookshop.

Zelenka · Dec 13, 2011

Gothicangel - I had a public domain file from Google Books, The Encyclopaedic Dictionary of Roman Law by Adolf Berger. If it's not still on Google Books, I can email it as a pdf. Like Flicka most of my books from law school focused on civil law, but our main text (besides the Institutes of Gaius and Justinian) was Borkowski's Textbook on Roman Law. It was a bit hard going at times but it covered some criminal law, I think. My copy is at home in Glasgow though so I can't check first hand.

Oh, editing to add - my university files are on a hard drive in Glasgow but some of my eBooks made it here. There's a good one called 'A Legal History of Rome' by George Mousourakis, which covers the administration of justice by period.

gothicangel · Dec 13, 2011

Zelenka said:
Gothicangel - I had a public domain file from Google Books, The Encyclopaedic Dictionary of Roman Law by Adolf Berger. If it's not still on Google Books, I can email it as a pdf. Like Flicka most of my books from law school focused on civil law, but our main text (besides the Institutes of Gaius and Justinian) was Borkowski's Textbook on Roman Law. It was a bit hard going at times but it covered some criminal law, I think. My copy is at home in Glasgow though so I can't check first hand.

Oh, editing to add - my university files are on a hard drive in Glasgow but some of my eBooks made it here. There's a good one called 'A Legal History of Rome' by George Mousourakis, which covers the administration of justice by period.

Thanks. I do some Googling and get back to you.

W.J. Cherf · Dec 13, 2011

Roman Law

Roman law in the civil courts was based on an "action" brought against you by the injured party. The "action" would specify specifically what you did, i.e., blocked a public highway, personal injury, theft, etc. The injured had to prove the "action" before the magistrate and the defendant to prove otherwise. The process was very formalized, formulaic, and hence the need for a practiced lawyer. I hope that helps and gives you the kind of text that you will need to produce.

thothguard51 · Dec 13, 2011

If the Praetorian Guard are the ones bringing charges, I would think he is basically screwed. Law was one thing, but the guard made and unmade emperors....

Flicka · Dec 13, 2011

Zelenka said:
Gothicangel - I had a public domain file from Google Books, The Encyclopaedic Dictionary of Roman Law by Adolf Berger. If it's not still on Google Books, I can email it as a pdf. Like Flicka most of my books from law school focused on civil law, but our main text (besides the Institutes of Gaius and Justinian) was Borkowski's Textbook on Roman Law. It was a bit hard going at times but it covered some criminal law, I think. My copy is at home in Glasgow though so I can't check first hand.

Oh, editing to add - my university files are on a hard drive in Glasgow but some of my eBooks made it here. There's a good one called 'A Legal History of Rome' by George Mousourakis, which covers the administration of justice by period.

Off topic - did you study in Glasgow? I have a friend who did a year there as an exchange student and she ended up managing to do an in-depth course on Roman law. I'm just curious if it's the same you took.

gothicangel · Dec 14, 2011

thothguard51 said:
If the Praetorian Guard are the ones bringing charges, I would think he is basically screwed. Law was one thing, but the guard made and unmade emperors....

That's what I figured. :tongue

I found enough basics to write the first draft, I'll get some serious reading done before I start the next draft. Terrified of it being published, and getting ripped apart!

Zelenka · Dec 14, 2011

Flicka said:
Off topic - did you study in Glasgow? I have a friend who did a year there as an exchange student and she ended up managing to do an in-depth course on Roman law. I'm just curious if it's the same you took.

I did study in Glasgow, but I only took the basic Roman Law course in first year and then a little more in depth in third, but with more of a leaning towards Roman Law as it helped develop European legal history. There was a fourth year honours course on Roman Law, that I considered taking, but ended up doing something different.

This is ridiculous, it's only about six or seven years ago but I can't remember what that in depth course was called!

W.J. Cherf · Dec 14, 2011

A treason trial?

Do you envision this trial a treason trial?

gothicangel · Dec 15, 2011

W.J. Cherf said:
Do you envision this trial a treason trial?

Not sure. I would have to look up the Roman definition of treason.

Flicka · Dec 15, 2011

Zelenka said:
I did study in Glasgow, but I only took the basic Roman Law course in first year and then a little more in depth in third, but with more of a leaning towards Roman Law as it helped develop European legal history. There was a fourth year honours course on Roman Law, that I considered taking, but ended up doing something different.

This is ridiculous, it's only about six or seven years ago but I can't remember what that in depth course was called!

I think it would have been the fourth year honours course she took, but a few years earlier. I would ask her if she can help, but I think she's done her best to forget everything she ever learned about Roman law. She absolutely hated it when we studied it together and she didn't like it one bit better when she got to dig deeper. I asked her why she'd picked it and she just wailed: "I don't know! It seemed easy!"

gothicangel · Dec 16, 2011

Flicka said:
I asked her why she'd picked it and she just wailed: "I don't know! It seemed easy!"

Zelenka · Dec 16, 2011

Flicka said:
I think it would have been the fourth year honours course she took, but a few years earlier. I would ask her if she can help, but I think she's done her best to forget everything she ever learned about Roman law. She absolutely hated it when we studied it together and she didn't like it one bit better when she got to dig deeper. I asked her why she'd picked it and she just wailed: "I don't know! It seemed easy!"

I enjoyed the European historical aspect of it but the actual bare bones Roman Law... it was OK because the tutor was pretty good I suppose, in first year, but not so much in the few sessions of fourth year that I did. I guess it's a subject that needs a passionate teacher! (Really hoping if I do decide to study Czech law that they let me skip the Roman Law courses seeing as I've done them in Scotland).

Cristin_B · Dec 31, 2011

Hi Everyone,

I'm new here. My WIP is also set (partly) in Ancient Rome (also in Armenia and Persia).

Gothicangel - have you read Imperium by Robert Harris? It's a courtroom drama about Cicero. Harris' research is always spot on. It won't give you documentation of all the laws, but might help to picture what a trial would look like, and the legal arguments might give you some ideas of where to look.

gothicangel · Jan 1, 2012

Cristin_B said:
Hi Everyone,

I'm new here. My WIP is also set (partly) in Ancient Rome (also in Armenia and Persia).

Gothicangel - have you read Imperium by Robert Harris? It's a courtroom drama about Cicero. Harris' research is always spot on. It won't give you documentation of all the laws, but might help to picture what a trial would look like, and the legal arguments might give you some ideas of where to look.

Thanks.

I'll have a go. [Tried reading Pompeii, didn't get passed the first few chapters.]

Zelenka · Jan 1, 2012

Actually I forgot to mention (but you probably know this already, if so apologies) if you can get a hold of 'De Legibus' by Cicero it might also give you a little insight into the Twelve Tables.

gothicangel · Jan 1, 2012

Zelenka said:
Actually I forgot to mention (but you probably know this already, if so apologies) if you can get a hold of 'De Legibus' by Cicero it might also give you a little insight into the Twelve Tables.

Thanks.

Rec's Required: Roman Law

gothicangel

Toughen up.

Flicka

Dull Old Person

gothicangel

Toughen up.

Zelenka

Going home!

gothicangel

Toughen up.

W.J. Cherf

VP, Egyptian Studies Society

thothguard51

A Gentleman of a refined age...

Flicka

Dull Old Person

gothicangel

Toughen up.

Zelenka

Going home!

W.J. Cherf

VP, Egyptian Studies Society

gothicangel

Toughen up.

Flicka

Dull Old Person

gothicangel

Toughen up.

Zelenka

Going home!

Cristin_B

gothicangel

Toughen up.

Zelenka

Going home!

gothicangel

Toughen up.