This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the (...) class='Hi'>Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world. (shrink)

This comprehensive historical exploration investigates the intricate relationship between religion and the evolution of civil laws. Throughout human history, the interplay between religious beliefs and legal systems has profoundly shaped societies and governance structures. From ancient civilizations to the modern era, religious authorities and teachings have acted as catalysts in shaping civil laws, often with the goal of promoting social justice. This article embarks on a journey through time, unraveling the multifaceted connections between religion and the development of legal frameworks. (...) In numerous societies, religious doctrines formed the cornerstone of civil laws and regulations. The majority of civilizations witnessed priests assuming pivotal roles as lawmakers, effectively coupling civil laws and religious practices. By examining various historical civilizations, this study illustrates how religious norms and practices were intertwined with legal codes, revealing instances where religious teachings played a crucial role in promoting adherence to laws. The transition to modern times witnessed the emergence of alternative means for law enforcement, yet religion’s role persisted as an internal driving force for fostering law-abiding behavior. Drawing from examples such as the Code of Hammurabi, Islamic legal traditions, and the Roman Twelve Tables, this article showcases historical instances where religious values contributed to legal principles centered around equity, justice, and morality. Additionally, the study explores how religion’s influence shifted over time, from early religious leaders acting as legislators to the establishment of more secular legal systems. (shrink)

Some notices to Thibaut's Science of Pandects. For A. F. J. Thibaut, the main concern was a "philosophical" approach to the interpretation and systematization of the positive Roman Law in his time. In his eyes, the object of a subjective right is an action, not a thing or person. Therefore he was cautious not to use abstractions, definitions, and deductions from "dreamt" postulates. Regarding the logical texture of an institute of private law as a "Gestalt", it follows that the (...) "equity of the reason," of a law, for different cases, is the same thing as that "Gestalt". The "philosophical" interpretation of a law is then an interpretation in respect to its "Gestalt". Although Thibaut's main concern was the interpretation of the positive Roman Law in his time (the "Gemeinrecht") he did not disregard the history of Roman Law before and especially after Justinian. (shrink)

In this paper, I focus on the fiction of the retroaction of the condition in contracts, a very old tool of law which may be traced back to Roman antiquity. In the first part, I introduce the notion of a contract with a suspensive condition, i.e. a contract whose efficacy is subordinated to a future uncertain event. As will be addressed in the second part, this kind of contracts is often linked to the fiction of the retroaction of the (...) condition (e.g. the French Code Civile 1179 and the Italian Codice Civile 1360): When the condition of the contract is fulfilled we should do as if the condition was fulfilled at the very time of the stipulation of the contract. In the third part, I turn to an attempt by the young Gottfried Wilhelm Leibniz to rationalize this fiction: Although – as every fiction – false, the retroaction of the condition allows us to reach true conclusions with respect to a deterministic metaphysics. Eventually, after having raised some objections to the Leibnizian account, I develop an alternative rationalization of the fiction: The fiction does indeed lead us to true conclusions because the same conclusions may be reached by relying on an equity-principle or, alternatively, on a merely possible yet expedient law. (shrink)

Discourse on the motives that should encourage us towards the sciences (1725) ; Essay on the causes that can affect minds and characters (1736-1738/1739) -- Dissertation on Roman politics in religion (1716) ; Discourse on Cicero (1717) ; Dialogue between Sulla and Eucrates (1724) -- Notes on England (1729-1731) ; Reflections on the inhabitants of Rome (1732) -- In praise of sincerity (1717?) ; Treatise on duties (1725) ; On consideration and reputation (1725) ; Discourse on the equity (...) that must determine judgments and the execution of laws (1725) ; Dialogue between Xanthippus and Xenocrates (1727) ; Lysimachus (1751) -- Letters from Xenocrates to Pheres (1724) ; On politics (1725) ; Reflections on universal monarchy in Europe (1731-1733) ; Reflections on the character of certain princes and on certain events in their lives (1731-1733) ; Memorandum on the silence to impose on the "Constitution" (1754) -- Memorandum on the debts of state (1715) ; Considerations on the wealth of Spain (1727-1728) -- Defense of the spirit of law (1750). (shrink)