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Beyond DogmaticsLaw and Society in the Roman World$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2007

Print ISBN-13: 9780748627936

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748627936.001.0001

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Law and Society

Law and Society

(p.9) 1 Law and Society
Beyond Dogmatics

A Watson

Edinburgh University Press

This chapter aims to come to grips with the issue of law and society. The fundamental argument is that those who write in the context of Roman law in action as distinct from law in books do not pay much attention, if any, to the nature of law in books. It begins with a discussion of the jurists and the laws in Rome. It then considers the law as it was in France just before the promulgation of the Code civil in 1804, in order to explain the law as it was then after centuries of development by local customs and the reception of Roman law, and to estimate the impact of the Justinianic formulations. This is followed by discussions of the importance of law and Roman contracts.

Keywords:   jurists, Roman law, French law, Roman contracts

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