Ancient Law, Ancient SocietyThe essays composing Ancient Law, Ancient Society examine the law in classical antiquity both as a product of the society in which it developed and as one of the most important forces shaping that society. Contributors to this volume consider the law via innovative methodological approaches and theoretical perspectives—in particular, those drawn from the new institutional economics and the intersection of law and economics. Essays cover topics such as using collective sanctions to enforce legal norms; the Greek elite’s marriage strategies for amassing financial resources essential for a public career; defenses against murder charges under Athenian criminal law, particularly in cases where the victim put his own life in peril; the interplay between Roman law and provincial institutions in regulating water rights; the Severan-age Greek author Aelian’s notions of justice and their influence on late-classical Roman jurisprudence; Roman jurists’ approach to the contract of mandate in balancing the changing needs of society against respect for upper-class concepts of duty and reciprocity; whether the Roman legal authorities developed the law exclusively to serve the Roman elite’s interests or to meet the needs of the Roman Empire’s broader population as well; and an analysis of the Senatus Consultum Claudianum in the Code of Justinian demonstrating how the late Roman government adapted classical law to address marriage between free women and men classified as coloni bound to their land. In addition to volume editors Dennis P. Kehoe and Thomas A. J. McGinn, contributors include Adriaan Lanni, Michael Leese, David Phillips, Cynthia Bannon, Lauren Caldwell, Charles Pazdernik, and Clifford Ando. |
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Contents
1 | |
9 | |
Chapter 2 An Economic Perspective on Marriage Alliances in Ancient Greece Michael Leese | 32 |
Chapter 3 Assumption of Risk in Athenian Law David D Phillips | 46 |
Chapter 4 Rivers Rights and Romanization Cynthia J Bannon | 66 |
Chapter 5 Justice in Aelians Miscellaneous History Lauren Caldwell | 84 |
Chapter 6 Agency Roman Law and Roman Social Values Dennis P Kehoe | 105 |
Chapter 7 Cui Bono? The True Beneficiaries of Roman Private Law Thomas A J McGinn | 133 |
Law Labor and Politics in Justinianic Reform Legislation Charles Pazdernik | 167 |
Afterword Clifford Ando | 183 |
Contributors | 193 |
Indices | 195 |
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action on mandate adscripticii Aelian agent ancient Greece anecdotes argue Artaxerxes assumption of risk Athenian law atimia Bannon Bees Beltrán Lloris Boeotus Cambridge Classical Athens Cleisthenes Codex collective liability collective punishment collective sanctions concerns context contract cultural debtors Delphinion democracy Demosthenes discussion dowry Ebro elite emperor Euphiletus evidence example farmer Gaius Greek Hipponicus imperial individual interdict interests Irrigation Decree javelin jurists justice Justinian Kehoe killed king Lamasba Landlords Lanni Law and Economics lex Aquilia lex rivi Hiberiensis Litigation Lysias magister officiorum magistrates marriage marriage alliance McGinn Miscellaneous History nature Nörr Oxford Papinian Paul person political Potentiores principal procurator property owners public river relationship rescript Rhacoces role Roman Egypt Roman Empire Roman Jurists Roman law Roman legal Roman World Rome rules Scheidel servitude slaves social society status suggests Tenants tion Tribonian Tuori Ulpian unauthorized administration Volterra Wacke wealth