Paul Du Plessis

Borkowski's Textbook on Roman Law

1. Introduction: Rome - a historical sketch I. THE ROMAN LEGAL SYSTEM 2. The sources of Roman law 3. Roman litigation II. THE LAW OF PERSONS 4. Status, slavery and citizenship 5. The Roman family III. THE LAW OF PROPERTY AND INHERITANCE 6. Interests in property 7. Acquiring ownership 8. Inheritance IV. THE LAW OF OBLIGATIONS 9. Obligations: general principles and obligations arising from contracts 10. Obligations arising from delict V. ROMAN LAW AND THE MODERN WORLD 11. Roman Law and the European ius commune

The Protection of the Contractor in Public Works Contracts in the Roman Republic and Early Empire

The use of contractors to build and maintain public works in Rome and the provinces is a common feature of Roman building practice in the Republic and early Principate. It reflects a general tendency in Roman republican administration (also found in other sectors such as tax-farming) to let out state business to private entrepreneurs. While the extant sources frequently mention the use of contractors in public works contracts, most references do not describe the internal working of these contracts or (to use the terminology of Roman private law) the rights and duties of the parties involved. This article examines selected references to public works contracts in legal and literary sources in an attempt to clarify a single aspect of the contractual relationship between the state and an individual. The purpose of this survey is to establish whether the sources allude to any form of legal protection available to a contractor in his dealings with Roman magistrates in the context of public works contracts.

Beyond Dogmatics: Law and Society in the Roman World

CONTENTS Preface List of Contributors List of Abbreviations DEBATES AND CONTEXTS Introduction: Themes and Literature J . Cairns and P J du Plessis 1 Law and Society A Watson LAW AND EMPIRE 2 Legal Pluralism and the Roman Empires K Tuori 3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert E A Meyer LAW CODES AND CODIFICATION 4 Roman Law Codes and the Roman Legal Tradition J Harries 5 Diocletian and the Efficacy of Public Law R Rees DEATH, ECONOMICS AND SUCCESSION 6 The Dutiful Legatee: Pliny, Letters V.1 A D E Lewis 7 The Hereditability of Locatio Conductio P J du Plessis COMMERCE AND LAW 8 Dealing with the Abyss: the Nature and Purpose of the Rhodian Sea-Law on Jettison (Lex Rhodia de Iactu, D 14.2) and the Making of Justinians Digest J-J Aubert 9 Suing the Paterfamilias: Theory and Practice D Johnston PROCEDURE 10 Lawsuits in Context E Metzger 11 The Role of Delators O F Robinson Index.

Letting and Hiring in Roman Legal Thought: 27 BCE - 284 CE

This book is a fundamental reassessment of one of the most important commercial contracts in Roman law. By drawing on legal and non-legal source material, this book seeks to assess the development of the contract in light of Roman legal thought.

Servius Sulpicius Rufus

By 700 ce the Bible was known from Ireland to China and Ethiopia. Keywords: Christianity; Judaism; language; literature

Roebuck, D. and De Loynes de Fumichon, B. Roman Arbitration (Oxford 2004)

If the United Kingdom tax system were based on some form of coherent economic model then it would probably be easy to understand, and it might also operate efficiently. But it would be rather dull: as it is, it is not. For a proper understanding of the United Kingdom tax system, the student probably needs some acquaintance with economics, with politics, with other tax systems, but above all, with history. Given that the system was not pre-planned, and the way that bits of it were cobbled together as temporary measures to cover this or that emergency, or this or that war, it is only possible to begin to get a feel for tax if one attempts to make sense of how and why the various rules were put in place in the beginning and how and why they were tampered with afterwards. Professor John Tiley, the editor of this work, has elsewhere described Income Tax as ‘a shambles’ and that is his description of one tax by itself. The overall picture is even more confused. And one of the problems with the Tax Law Rewrite, currently in progress, is that it will make it more difficult than it used to be to understand the history of the tax system. What may be gained in terms of up-to-date English could be lost in terms of loss of pattern. But that is another story. This collection consists of papers delivered at the first Tax Law History Conference organised by the Centre for Tax Law at the University of Cambridge in September 2002. It is planned that these conferences will be biennial and the second was held in 2004. There are sixteen papers in this volume, and they cover a wide range of topics. It was decided that the papers for this conference should not be restricted by theme – this was clearly right. The advantage of diversity is that it encourages further thought, further discussion, further investigation. Had the papers been restricted by period, or by topic, this would have given the participators in the conference, and the readers of this volume, far less to think about. The sixteen papers have been divided up under four main headings, ‘Victorian and Modern’, ‘Twentieth Century Problems’, ‘Deep History’, and ‘Comparisons’ and, very neatly, there are four papers under each heading. When dealing with tax there is bound to be an overlap between the historical, the economic and the political parts of any investigation and so, for example, when John Tiley himself covers Aspects of Schedule A, the tax on imputed income from land, this leads to the inevitable question as to whether it was a good idea to forgo the taxation of imputed income. But as he says (at p. 97) ‘[Schedule A’s] reintroduction is a political non-starter’. Of the four main headings, the one which contains the least pure history is the fourth, ‘Comparisons’. The four papers under this heading could be said to be more about comparative taxation than about the history of tax, and this is particularly true of the last paper where Michael Littlewood discusses Tax Reform in Hong Kong in the 1970s, when the British government were attempting to persuade the government of Hong Kong to adopt a ‘normal’ income tax system and Hong Kong was resisting.