Roman law as we now know it is derived from the codification of law made in the 6th century AD by the last Latin speaking Roman Emperor, Justinian I. The reign of Justinian and his Empress, Theodora, a former courtesan, was one of the most remarkable in the history of ancient Rome. Roman law underlies the civil law jurisprudence of all countries of continental Europe and their colonies. More significantly, it has also supplied an almost inexhaustible reservoir of legal concepts, doctrines and principles that have influenced the law that Australia inherited from England.
This book first covers the history of Roman law during the Roman Republic and the various periods of the Roman Empire, as well as the course of Justinian’s codification. The book then describes the rebirth of Roman law in the 11th century AD, coinciding with the Renaissance in Art and Literature in Western Europe, and follows the spread of Roman law throughout Western Europe down to the present day.
The book addresses the Roman law as to:
- Paternal power, marriage, divorce, adultery and status of children;
- The acquisition of all forms of property;
- Incorporeal rights, including easements, life estates and mortgages;
- Succession, both by will and on intestacy;
- Obligations, including contract, unjust enrichment and wrongful conduct causing injury;
- Civil litigation;
- Crime and punishment, including military discipline.
It is interlaced with descriptions of the law of New South Wales corresponding with the relevant Roman law, as well as references to cases from the author’s experiences as a lawyer. It describes the historical context and substance of the Roman law laid down by Justinian in a fashion appropriate for anyone interested in Roman antiquity and the culture of the Roman Empire.
