outright taken over from, then at the very least inspired by Aristotle, she makes a case for connecting law with human nature based on the specific ἔργον – to use Aristotle’s original expression, usually translated as ‘function’ – that goes with being human 6 . Romanlaw offers interesting examples
the supposed great “paradox” that characterized the archaic, pre-classical, and classical Romanlaw. A tablet found in London and dating back to late first century A.D. would seem to illustrate such a “paradox,” as well as the inner complexity of the Roman system, by documenting a sale including a
1 Introduction For decades, we have raised doubts in our lectures about the historical value of the so-called classical Romanlaw 1 . We have always favoured a historical approach to Romanlaw, in service of European legal history. Of course, there are legal sources dating back to Roman Antiquity
The Legal History Review, inspired by E.M. Meijers, is a peer-reviewed journal and was founded in 1918 by a number of Dutch jurists, who set out to stimulate scholarly interest in legal history in their own country and also to provide a centre for international cooperation in the subject. This has gradually been achieved through the years. The
Review had already become one of the leading internationally known periodicals in the field before 1940. Since 1950 when it emerged under Belgo-Dutch editorship its position strengthened. Much attention is paid not only to the common foundations of the western legal tradition but also to the special, frequently divergent development of national law in the various countries belonging to, or influenced by it. Modern and contemporary, as well as ancient and medieval history is considered. Roman law and its later development, as well as canon law, have always been particularly important; in addition the history of the English Common Law has been extensively studied.
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Marguerite Duynstee Faculteit der Rechtsgeleerdheid
Afdeling Civiel recht
2300 RA Leiden
dispute resolutions that relate to antichresis. We examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Romanlaw. To this end, we give a description of our source material (§2). We then set out how in these sources a right of antichresis was created (§3
* , ** Summary ‘Zucker’ and ‘Fräsmaschinen’, Did Romanlaw know ‘co-ordinate possession’ (‘Nebenbesitz’)? – In Ger- man legal literature a theory of so-called ‘Nebenbesitz’ (‘co-ordinate possession’) is being discussed since more than half a century. It would be applicable when a detentor , a lessee e.g., makes
Phillip Hellwege * Summary Enforcing the liferenter’s obligation to repair: Romanlaw , ‘ ius commune ’ and Scots law – A liferenter has the right to use the fiar’s property. Fur thermore, he has the right to possession. Only after the termination of the liferent, the fiar can take up the possession and