Litigation in Roman Law

Bibliographic Data

ID23786156
AuthorsErnest Metzger (0000-0002-8458-6816, corresponding author)
Year2005
Publication date2005-05-19
Open AccessNo
TypeBOOK
VenueLITIGATION IN ROMAN LAW. (SOURCE_BOOK)
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/acprof:oso/9780198298557.001.0001
OpenAlexW2144985836
ISBN9780198298557
LanguageEN
Citations received12

Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal stewardship of a magistrate, and the ready availability of a judge. This accepted picture emerged over time from a tiny amount of evidence. Justinian had no interest in preserving evidence on classical procedure, and subsequent generations of jurists often did not regard rules of procedure as worthy of interest. Recent years, however, have brought a flood of new evidence on classical Roman legal procedure. The book examines this evidence, painting a picture of litigation that is far less polite and far less orderly. The book also examines how the rules of procedure coped with the typical pre-trial delays faced by the Roman system, and indeed any legal system.

Magistrate · Politeness · Political science · Law · Law, Economics, and Judicial Systems · Law, logistics, and international trade · Legal principles and applications

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