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Absent Parties and Bloody-Minded Judges

Ernest Metzger

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0025
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter uses the provisions of chapter 84 of the Lex Irnitana and other texts to argue that what may at first sight appear simply to be requirements that the judge should adjourn proceedings in ... More


Beyond Dogmatics: Law and Society in the Roman World

John W. Cairns and Paul J. du Plessis

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748627936
eISBN:
9780748651474
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748627936.001.0001
Subject:
Law, Legal History

This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound ... More


A New Outline of the Roman Civil Trial

Ernest Metzger

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264743
eISBN:
9780191682780
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264743.001.0001
Subject:
Law, Legal History

Roman litigation has long been a difficult subject for study, hampered by a lack of information concerning the practical operation of the civil courts. Using newly discovered evidence, this book ... More


The Procedural Contrast

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0010
Subject:
Law, Comparative Law, Legal History

The French investigative procedural tradition developed around Roman–Canonical procedure. This chapter describes its development and that of the Conseil d'Etat's expressly inquisitorial judicial ... More


Lawsuits in Context

E Metzger

in Beyond Dogmatics: Law and Society in the Roman World

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748627936
eISBN:
9780748651474
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748627936.003.0036
Subject:
Law, Legal History

The study of Roman civil procedure has benefited enormously from the discovery of the Murecine archive, a collection of first-century documents belonging to a banking family in Puteoli. This chapter ... More


Conclusion: The Question of American Exceptionalism and the Lessons of History

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0008
Subject:
Law, Legal History

The Conclusion reflects on the accuracy of the nineteenth-century American perception that the United States possessed a distinctively adversarial legal culture and considers how developments traced ... More


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