Univ., Thèse--Genève, 2006.

Thesis (doctoral)--Universität, Mainz, 2003. / Includes bibliographical references.

Apoštol Pavel a římské zákony Apostle Paul and the Roman Law bc. Ladislava Říhová The thesis deals with problematics associated with the life and first of all with Apostle PaulVs Roman citizenship. The first chapter contains a brief description of PaulVs life which de facto makes the outline of the whole work. Special attention is being paid to PaulVs origin, his education and last but not least to his conversion to Christianity. Noticed is also PaulVs missionary activity and his end. In the second part of the first chapter there is discussed the view of the Scipture on the Roman citizenship of the Apostle, supplemented with a historical excursus about the history of Roman citizenship as such taking into special consideration the time of Paul's life i.e. the time of the Early Principate. Of course, the possibility of the Apostle's double citizenship is mentioned. From Paul's civil state follow necessarily his rights which form his further destiny. In particular there are concerned Paul's iudicial proceedings which are extensively discussed in the Acts of the Apostles. The second chapter therefore engages in the history and necessities of Roman iudicial proceedings and the appellate right of Roman citizens, which was used by Paul as Roman citizen, too. Whereas the second chapter of the work is...

Iudicet iudicarive iubeat. Reflexões sobre os origens do processo civil romano e as causas da bipartição. Depois da introdução, o segundo capítulo analisa os aspectos da história constitucional da Monarquia e início da República, sobretudo as críticas à historiografia tradicional no tocante à passagem de um regime ao outro, além de estudar a religião romana arcaica. O terceiro capítulo busca elementos da administração da justiça no direito comparado (babilônico, gregos e germânicos), enquanto que o quarto analisa o início do processo criminal romano. O quinto capítulo, por sua vez, investiga as várias teorias acerca do início do processo civil, como da arbitragem, defesa privada, Volksjustiz etc. O sexto capítulo trata das várias teorias da bipartição, procurando estabelecer se teve caráter originário no processo civil romano e suas causas. O sétimo capítulo analisa as legis actiones mais antigas (legis actio sacramento, legis actio per manus iniectionem e legis actio per iudicis arbitrive postulationem). O oitavo capítulo tenta verificar o conteúdo da iurisdictio romana e suas relações com o imperium, enquanto que o capítulo nono trata das figuras do iudex e do arbiter. O décimo capítulo apresenta as críticas às teorias expostas, formulando hipótese acerca do surgimento do processo civil romano por meio de resolução das controvérsias no âmbito da comunidade anteriormente à formação da civitas com base em cultura e religião comuns, razão por que a presente tese propõe a adoção do termo justiça comunitária pré-cívica para qualificar esse sistema, propugnando pelo abandono das expressões autotutela/justiça privada e Volksjustiz por serem ambas portadoras de equívocos. No tocante à bipartição, a presente tese considera verossímil sua consolidação na época da Lei das XII Tábuas em razão sobretudo do fenômeno da dessacralização do processo / Iudicet iudicarive iubeat. Remarks on the origins of the Roman civil procedure and the causes of its dual mode. After the introduction, the second chapter analyses some aspects of constitucional history of Monarchy and the beginning of Republic, mainly the critics against the tradicional historiography concerning the transition from the first to the latter and it also studies the ancient Roman religion. The third chapter seeks elements from the administration of justice in comparative law (Babylonic, Greeks and Germanics), while the forth one analyses the beginning of the criminal persecution in Rome. The fifth chapter investigates the theories about the beginning of civil litigation, such as arbitration, self help, Volksjustiz etc. The sixth chapter deals with the dual mode procedure theories, trying to set if is had an original character and its causes. The seventh chapter analyses the most ancient legis actiones (legis actio sacramento, legis actio per manus iniectionem e legis actio per iudicis arbitrive postulationem). The eighth chapter tries to verify the content of the Roman iurisdictio and its relationships with imperium, while the nineth chapter deals with the figures of iudex and arbiter. The last chapter presents the critics to the analysed theories and formulates a hypothesis about the beginning ot the Roman civil procedure through the disputes settlement inside the community before the creation of civitas basing on common culture and religion. Thus, the thesis proposes the adoption of the term justiça comunitária pré-cívica (precivic community justice) in order to qualify this system, refusing the expressions self help, private justice and Volksjustiz, who are dubious. Regarding the dual mode, the thesis sustains it is plausible that it had already benn consolidated by the time of the Twelve Tables Law according mainly to the dessacralization of process.

This thesis examines the motives, methods and successes of opposition to C. Julius Caesar in the period 60-50 leading to the outbreak of civil war in 49. An attempt has been made to distinguish between traditional and innovative methods of opposition. An evaluation of creativity levels and the social acceptability of actions has been conducted in an effort to understand adherence to moral standards in the pre-war period. In Chapter 2, opposition to Caesar in 60 and 59 is examined and found to be fierce, persistent and, despite Caesar ultimately achieving his aims, successful in a limited way. Chapter 3 examines the circumstances of 58-57. Caesar’s position was more firmly secured through the agency of Clodius’ tribunate, during which Cicero was exiled and Cato was removed from the political scene for both political and personal reasons. Examination of opposition to Caesar in Chapter 4 focuses on the period 56-54. It is demonstrated that prior to the conferences of Luca and Ravenna, opposition to Caesar was broadly undertaken by groups or individuals who fomented dissent between Crassus and Pompey in order to undermine the triumvirate as a whole. In 55 opposition to Caesar was nullified by a renewal of the triumvirate. In 54 opposition was resurgent and dominated the courts with limited success. In Chapter 5, opposition to Caesar in the period 53-50 is examined and is shown to be marked by anarchy, attempted reforms and the disintegration of the triumviral alliance. Given widespread impressions of pressure, corruption, violence and breakdown, especially in modern accounts of the period, it is suprising to discover that tactics used by Caesar’s opponents were traditional and socially acceptable for the most part, despite vehement political and personal disagreement. The will of the people was still respected by Caesar’s opponents; popular opinion in 59 was in fact the cause of opposition failure. While the Republic had suffered civil war in the opening decades of the first century BC, the state had resumed constitutional operation prior to 60. Traditional moral values and methods of gaining rank and prestige were still important and continued to be adhered to after 60. Methods of influence and social communication remained largely unchanged in the 50s, and ensured the continuity of political exchange without substantial innovation. From 56 to 54 opposition methods were opportunistic, a result of the renewal of the triumvirate. Caesar’s opponents continued to adhere to traditional political practice, despite dominance of the political machinary by the triumvirate. In 54 Caesar’s opponents gained control of the law courts, which resulted in numerous trials but no break with traditional or socially acceptable behaviour. Opposition between 53 and 50 remained traditional in most cases within an environment marked by anarchy and political stalemate, fueled by the intransigence of Caesar and Pompey who refused to recognise each others’ dignitas. The Civil War, then, was not caused by an extended period of constitutional instability. The Civil War was the result of political deadlock at the end of the 50s, motivated by the social and political inflexibility of a small group of Senators.

Aquesta tesi doctoral té per objecte l'estudi de les "pactiones et stipulationes" com a mode de constitució inter vivos de les servituds predials, en el dret romà clàssic. La principal font que ens informa de la seva existència és Gai. 2, 31, segons la qual les pactiones et stipulationes serien el mecanisme generalment emprat per a la constitució de servituds i d'usdefruit a les províncies romanes. Aquest treball intenta ser una contribució a l'estudi d'aquest negoci constitutiu de drets reals, a partir d'una revisió de les fonts que s'allunyi de la tendència a considerar-les interpolades i ens permeti observar la intervenció del pretor en aquest camp, així com la precisa resposta dela jurisprudència clàssica, davant problemes com ara la trasnformació de les servituds en res incorporales i la progressiva decadència de la mancipatio i de la in iure cessio —agreujada per la impossibilitat d'adquisició d'aquests drets a través d'usucapio (lex Scribonia). / The goal of this doctoral thesis is to study the pactiones et stipulationes as a method to constitute servitudes inter vivos, in Roman classical law. The main source, which informs us about its existance, is Gai. 2, 31, according to it, the pactiones et stipulationes would be the method generally used to constitute such rights in the Roman provinces. This work wants to be a contribution to the study of this method to constitute real rights, with a review of the sources that goes beyond the tendency to consider most of the sources as interpolated; that allows us to observe the praetor's intervention in this area and also the answer of the jurisprudence in front of such problems as the transformation of servitudes into res incorporales and the progressive decay of the mancipatio and the in iure cessio —with the further difficulty of the impossibility to acquire these real rights by means of the usucapio (lex Scribonia).

Univ., Diss.--Kiel, 2006.

Traditional accounts of ancient law make the following generalizations: Athenian law was a system of amateurs and, consequently, arbitrary and irrational. Roman law, by contrast, gradually became a system of specialized professionals. Legal scholars (jurists) interpreted and developed the law and advocates represented litigants. Thanks to specialization, Roman law became rational and consistent--a foundation for Rome's imperial administration as well as many modern legal systems. Bruce Frier has argued in a landmark book that this development ("the rise of the Roman jurists") began in the last century of the republic, and that it was endorsed by Cicero. By examining how Cicero and the Attic orators discuss legal expertise and litigation, I seek to revise this standard picture in two ways. First, I argue that Athenians were not hostile to legal knowledge per se, but to expertise in litigation. I find, furthermore, that learning from the laws was part of the moral training of Athenian citizens. I then argue that Cicero's attitude towards legal expertise was not progressive, but reactionary. Litigation was a moral issue in the Roman republic no less than in democratic Athens. In Cicero's opinion, the true legal expert--whether an orator, a jurist, or a statesman--is a figure with the moral authority to resolve conflicts without debate. Cicero promulgates an ideology of law wherein litigation ideally would be unnecessary, and citizens' disputes would be resolved by their "natural" superiors. / text

Im September 2010 fand der 6. Potsdamer Lateintag statt. Er war Bestandteil des um ein Jahr erweiterten Brandenburger Antike-Denkwerks (BrAnD), das von der Robert Bosch Stiftung gefördert wurde. Thema war dieses Mal das Römische Recht. Das Römische Recht ist ein faszinierender Forschungsbereich. Es hat die europäische Rechtsentwicklung geprägt und wirkt noch heute nach. Gleichzeitig gehört es zu den Themen, die uns bei der Lektüre lateinischer Texte immer wieder begegnen, die aber Fragen aufwerfen, da man mit der speziellen Thematik oft nicht vertraut ist. Das Projekt wollte die Lücke schließen. Es sollten nicht nur literarische Texte auf ihren rechtlichen Hintergrund hin befragt, sondern auch Fragen gestellt werden, wie der römische Alltag rechtlich geregelt war. Neben der wissenschaftlichen Beschäftigung mit diesen Fragen sollte immer auch der Vergleich mit heute gezogen werden. Der Band versammelt den Vortrag am Lateintag von Frau Prof. Dr. C. Möller, Materialsammlungen u.a. zu den Themen patria potestas, lex Aquilia, Geld bzw. Kauf-Tausch-Kontroverse, die Darstellung zum Ablauf des gesamten Projekts sowie eine Auswahl der Berichte zu den Schulprojekten. / The 6th Potsdamer Lateintag took place in September 2010. It was part of the Brandenburger Antike-Denkwerk (BrAnD), a project funded by the Robert Bosch Foundation. The topic was ‘Roman Law’. Roman Law is a fascinating field of research. It is the background for the development of European law and is still continuing to have an effect. On the other hand it is one of those topics, which readers of Latin literature often come across but which may cause confusion, because the reader is not that familiar with this specific topic. The aim of the project was to fill this gap. Not only the legal background of the literary texts was to be examined, but also questions concerning the judicial regulation of everyday Roman life were studied. In addition to those academic questions pupils were requested to compare the ancient and modern legal systems. This volume includes the lecture given by Prof. Dr. C. Möller, a collection of sources to topics such as patria potestas, lex Aquilia, money and buy/exchange controversy, as well as reports on the whole project and on some of the school projects.

This thesis examines the motives, methods and successes of opposition to C. Julius Caesar in the period 60-50 leading to the outbreak of civil war in 49. An attempt has been made to distinguish between traditional and innovative methods of opposition. An evaluation of creativity levels and the social acceptability of actions has been conducted in an effort to understand adherence to moral standards in the pre-war period. In Chapter 2, opposition to Caesar in 60 and 59 is examined and found to be fierce, persistent and, despite Caesar ultimately achieving his aims, successful in a limited way. Chapter 3 examines the circumstances of 58-57. Caesar’s position was more firmly secured through the agency of Clodius’ tribunate, during which Cicero was exiled and Cato was removed from the political scene for both political and personal reasons. Examination of opposition to Caesar in Chapter 4 focuses on the period 56-54. It is demonstrated that prior to the conferences of Luca and Ravenna, opposition to Caesar was broadly undertaken by groups or individuals who fomented dissent between Crassus and Pompey in order to undermine the triumvirate as a whole. In 55 opposition to Caesar was nullified by a renewal of the triumvirate. In 54 opposition was resurgent and dominated the courts with limited success. In Chapter 5, opposition to Caesar in the period 53-50 is examined and is shown to be marked by anarchy, attempted reforms and the disintegration of the triumviral alliance. Given widespread impressions of pressure, corruption, violence and breakdown, especially in modern accounts of the period, it is suprising to discover that tactics used by Caesar’s opponents were traditional and socially acceptable for the most part, despite vehement political and personal disagreement. The will of the people was still respected by Caesar’s opponents; popular opinion in 59 was in fact the cause of opposition failure. While the Republic had suffered civil war in the opening decades of the first century BC, the state had resumed constitutional operation prior to 60. Traditional moral values and methods of gaining rank and prestige were still important and continued to be adhered to after 60. Methods of influence and social communication remained largely unchanged in the 50s, and ensured the continuity of political exchange without substantial innovation. From 56 to 54 opposition methods were opportunistic, a result of the renewal of the triumvirate. Caesar’s opponents continued to adhere to traditional political practice, despite dominance of the political machinary by the triumvirate. In 54 Caesar’s opponents gained control of the law courts, which resulted in numerous trials but no break with traditional or socially acceptable behaviour. Opposition between 53 and 50 remained traditional in most cases within an environment marked by anarchy and political stalemate, fueled by the intransigence of Caesar and Pompey who refused to recognise each others’ dignitas. The Civil War, then, was not caused by an extended period of constitutional instability. The Civil War was the result of political deadlock at the end of the 50s, motivated by the social and political inflexibility of a small group of Senators.