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New FrontiersLaw and Society in the Roman World$
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Paul J. du Plessis

Print publication date: 2013

Print ISBN-13: 9780748668175

Published to Edinburgh Scholarship Online: September 2013

DOI: 10.3366/edinburgh/9780748668175.001.0001

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Laws’ Empire: Roman Universalism and Legal Practice

Laws’ Empire: Roman Universalism and Legal Practice

Chapter:
(p.72) (p.73) Chapter 5 Laws’ Empire: Roman Universalism and Legal Practice
Source:
New Frontiers
Author(s):

Caroline Humfress

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748668175.003.0005

Official (Graeco-) Roman sources envisaged a world ruled by the universal law of Rome and its emperors. This chapter analyses Roman legal universalism “on the ground”, from the perspective of concrete legal practice. Using a wide range of evidence from the High to Late empires – legal, papyrological, epigraphic, literary, and Patristic – it argues that “legal anthropology” approaches are an essential corrective to the legal-centralist standpoint that is dominant in most studies of Roman law-in-action. In particular, if we set to one side a (nineteenth- and early twentieth-century) state-based theory of law – in which official law codes, formal legal institutions and the state are seen to stand at the core of all social order – we can begin to re-think the existing dominant paradigm of an Imperial “monopoly” over Postclassical Roman law and legal practice.

Keywords:   Legal universalism, Roman law, Legal practice, “Legal anthropology”

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