Ancient History and Legal Realism in the Making of Legal Anthropology
224 stránok
8 hodin čítania
Focusing on legal primitivism and its ties to colonialism, the book delves into concepts like blood feuds and polygamy to illustrate the evolution of legal anthropology. It presents an American perspective, highlighting how legal realism utilized anthropology to challenge legal formalism. Ultimately, it reveals the enduring impact of primitive law on contemporary views of indigenous legal systems and the role of law in development, despite its rejection by modern legal thought.
Studies on the impact of contemporary concerns in the interpretation of ancient Roman legal history
220 stránok
8 hodin čítania
The book examines how the ideals of modern law influenced ancient Roman jurists, revealing that later authors often portrayed these jurists through the lens of their own contemporary values. Many 19th-century scholars depicted Romans as akin to Germans in togas. Through the lives and works of notable Roman jurists like Q. Mucius Scaevola, Labeo, Capito, and Salvius Julianus, it traces the rise of key legal concepts such as the autonomy of law and codification, which were characteristic of the 19th-century legal perspective. To understand the impact of contemporary concerns, the text compares ancient Roman accounts with the writings of legal historians from the 16th century onward. This analysis highlights how historical interpretations evolved, particularly regarding the scientific nature of law, reflecting the ideals of their respective eras. The emergence of modern law and historiography in the 19th century significantly altered the perception of Roman law, transforming practical applications into a historical narrative valued for its classical aesthetics. The cessation of Roman law's practical use allowed its history to be viewed independently, yet narratives justifying its application persist.