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A Text-Book of Roman Law from Augustus to Justinian (Classic Reprint) - Couverture souple

William Warwick Buckland

 
9781334719400: A Text-Book of Roman Law from Augustus to Justinian (Classic Reprint)

Synopsis

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

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Présentation de l'éditeur

This is a pre-1923 historical reproduction that was curated for quality. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process. Though we have made best efforts - the books may have occasional errors that do not impede the reading experience. We believe this work is culturally important and have elected to bring the book back into print as part of our continuing commitment to the preservation of printed works worldwide. This text refers to the Bibliobazaar edition.

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