No abstract
Theodor Mommsen's influential multi-volume work, first published between 1871 and 1888, is a systematic treatment of the intricate workings of the Roman state. The renowned German scholar proposed an original and sometimes controversial understanding of Roman institutions, based around the categories of nineteenth-century constitutional law. The Romans themselves never actually codified their complicated body of law, but by applying a historical approach to describe the development of Roman law Mommsen succeeds in making it more accessible to the reader. He systematises the many diverse legal elements upon which the Roman constitution was based and offers a coherent reading of it. In Volume 1 Mommsen focuses on the system of local government and describes in detail how it functioned. He explains the protection offered by the Pontifex maximus and the authority held by the civil and criminal courts, as well as the civil rights given to each community.
Theodor Mommsen's influential multi-volume work, first published between 1871 and 1888, is a systematic treatment of the intricate workings of the Roman state. The renowned German scholar proposed an original and sometimes controversial understanding of Roman institutions, based around the categories of nineteenth-century constitutional law. The Romans themselves never actually codified their complicated body of law, but by applying a historical approach to describe the development of Roman law Mommsen succeeds in making it more accessible to the reader. He systematises the many diverse legal elements upon which the Roman constitution was based and offers a coherent reading of it. In Volume 2, Part 2 Mommsen explains the origins and development of the Principate (the office of the Roman emperor), and describes the role of the imperial household. He also covers the tribunal court and the institutions responsible for governing Rome and Italy.
Römisches Strafrecht was first published in 1899 and complements Mommsen's earlier, monumental study of Roman constitutional law. Applying the same historical method, he attributes the evolution of criminal law to the demise of the Roman Republic. The book, here reissued in two volumes, is divided into five main sections. The first discusses the nature of criminal law. Mommsen next looks at the institutions involved in administering criminal law, and the roles of different officials within them. He identifies three types of trial: trial by magistrate alone, trial by magistrate and comitia, and trial by jury, and describes their stages from the courtroom process to the pronouncement of sentence. Sections 4 and 5, in the second volume, consider particular crimes, from treason or murder to heresy, rape and theft, and explain the possibilities for appeal and the different categories of sentences ranging from the death penalty or exile to fines.
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