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.

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.

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.

Univ., veränd. Habil--Basel, 1998.

Thèse--Strasbourg. / Bibliography: p. [141]-148.

Modern scholars are deeply divided over the extent to which early Byzantine provinces such as Egypt adopted imperial Roman law. This thesis undertook a diachronic study of the published debt acknowledgements from Egypt and Nessana for the fifth through seventh centuries CE to examine the degree of adoption of imperial legal changes. The debt acknowledgements are one of the largest sets of papyri documents for this period, consisting of 283 Greek and fifty-seven Coptic documents. Having created a database of these documents, in their original Greek or Coptic plus an English translation and information from the major commentaries, I had an unparalleled opportunity to analyse change, both legal and socio-economic. The research shows that while many legal changes, including the requirement for regnal dating and changes in the liability of co-debtors, were generally adopted, there was resistance to other changes. For example, the interest rate reduction ordered by Justinian I in 528 was clearly disseminated because some documents reflect the reduction. Most people, however, continued to charge the earlier higher rates. Furthermore, some sectors of the population appear to have struggled with the imperial changes. Model formats for a simplified Greek debt acknowledgement and a very similar Coptic debt acknowledgement were developed and disseminated in the sixth century. These simplified formats did not use regnal dating or many of the other customary clauses of the formal Greek debt acknowledgment. The early development of these simplified formats, together with evidence of the privatisation and localisation of many imperial functions, including dispute resolution, support the view that the later sixth century experienced an unravelling of ties with the Roman Empire. The catastrophic seventh century, with its civil wars and Persian and Arab invasions, resulted in a shift in language from Greek to Coptic for personal legal documents. The disruption of the seventh century, however, only accelerated and finalised a process of change that was already well established in the sixth century.

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 deals with the ancient institute of Roman Law, the power of life and death, one of the powers that belonged to the father of Roman family of its members. It is focused on the scope of that power in particular periods of the Roman Empire, conditions under which that power could be used against concrete persons and legal sources dealing with the power of life and death. This thesis also deals with specific expressions of the power of life and death and their changes in the course of the historical periods of the Roman Empire, particular chapters are focused on the period of the Roman Kingdom, the Roman Republic and the Roman Empire. In further context, this thesis deals with the paternal power of the Roman father, that included the power of life and death.

Thanks to Severan jurists’ testimonies collected in the Digest, we know that the appeal eligibility was conditioned by the «a quo» judge’s analysis of the respect of the prescribed terms and formalities and the nature of the contested measure. Against the possible refusal of the first instance judge, the parties were given the opportunity to take their case to the «ad quem» judge, who could confirm the decision and give way to the implementation of the judgment, or accept the part’s motion and proceed to the examination of the merits of the case. The Draft of the Model Civil Procedure Code for Ibero-America (texto del anteproyecto del Código Procesal Civil Modelo para Iberoamérica) follows, on the subject of appeal, Roman discipline faithfully, as regards both the «a quo» judge’s role and the possibility of contesting the latter’s decision before the «ad quem» judge through the complaint (recurso de queja). The strong Roman stamp also arises, similarly, in Peru’s Civil Procedure Code, where the right to a second court has a very incisive constitutional backing. The traditional problem to keep the justice process within reasonable time limits is closely connected with the appeal eligibility. The solution adopted by Roman Law —to take financial penalties to discourage daring appeals, filtering thus the merely delaying appeals— could represent an interesting indication for legislators, who are still grappling with the need to ensure the right, on the one hand, to appeal and to efficiency regarding the administration of justice on the other hand. / Gracias a los testimonios de los juristas de la época Severa, recogidos en el Digesto, sabemos que la admisibilidad de la apelación estaba condicionada a una revisión efectuada por el juez a quo, por lo que concernía al respeto de los plazos y de las formalidades prescritos y a la naturaleza de la resolución impugnada. Contra la eventual denegación del juez de primera instancia, las partes tenían la facultad de dirigirse al juez ad quem, quien podía confirmar la decisión y, por consiguiente, dar curso a la ejecución de la sentencia, o bien estimar el recurso de parte y proceder al examen de fondo de la cuestión. El texto del anteproyecto del Código Procesal Civil Modelo para Iberoamérica sigue la línea, en tema de apelación, de la disciplina romanística, tanto en lo que concierne al papel del juez a quo, como en lo que se refiere a la posibilidad de impugnar la decisión de este último ante el juez ad quem por medio del recurso de queja. Análogamente, la fuerte matriz romana emerge también en el Código Procesal Civil de Perú, país donde, por otra parte, el derecho al doble grado de jurisdicción hace alarde de una cobertura constitucional muy penetrante. Tradicionalmente, el problema de contener los tiempos de la justicia dentro de plazos aceptables se presenta estrictamente relacionado con el tema de la admisibilidad de la apelación. La solución adoptada por el derecho romano recurrir a medidas sancionatorias de naturaleza pecuniaria para desincentivar la interposición de apelaciones temerarias, de manera que se filtren las impugnaciones meramente dilatorias— podría representar un punto de partida interesante y una útil sugerencia para los legisladores, que también hoy en día se enfrentan a la necesidad de garantizar el derecho, por un lado a apelar y, por otro, a una administración eficiente de la justicia.

I Lex Aquilia and delict damnum iniuria datum of roman law Abstract The subject of this thesis is the Lex Aquilia and the delict of unlawfully caused damage (damnum iniuria datum) contained in this law. The aim of the thesis is a comprehensive analysis of the Lex Aquilia as one of the most important Roman laws and the introduction of damnum iniuria datum contained in it as a universal delict for cases of damage claims in a wide range of cases of killing animals or slaves, cases of damaged things or complete destruction of property. The first part of the thesis serves as an explanation of key concepts from a general point of view, which are necessary to grasp the subject. The concepts of obligation and delictual liability, Roman categorisation of delicts into delicta privata and crimens, and the role of lawsuits (actio) and standing in Roman law are introduced. Furthermore, the sources of the regulation of delict law, primary sources including the Corpus Iuris Civilis, and also various authors most notably Roman lawyer Ulpian, are presented in a brief manner. The aim of the work is achieved in the second part of the thesis by analysis of interrelated institutes, whether they are specific lawsuits of the Lex Aquilia, or introduction of diverse ways of committing this delict by killing (occidere), damaging the...