"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--

Pocock explores the relationship between the study of law and the historical outlook of seventeenth-century Englishmen.

An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds

This book discusses how Plato, one the fiercest legal critics in ancient Greece, became – in the longue durée – its most influential legislator. Making use of a vast scholarly literature, and offering original readings of a number of dialogues, it argues that the need for legal critique and the desire for legal permanence set the long arc of Plato’s corpus—from the Apology to the Laws. Modern philosophers and legal historians have tended to overlook the fact that Plato was the most prolific legislator in ancient Greece. In the pages of his Republic and Laws, he drafted more than 700 statutes. This is more legal material than can be credited to the archetypal Greek legislators—Lycurgus, Draco, and Solon. The status of Plato’s laws is unique, since he composed them for purely hypothetical cities. And remarkably, he introduced this new genre by writing hard-hitting critiques of the Greek ideal of the sovereignty of law. Writing in the milieu in which immutable divine law vied for the first time with volatile democratic law, Plato rejected both sources of law, and sought to derive his laws from what he called ‘political technique’ (politikê technê). At the core of this technique is the question of how the idea of justice relates to legal and institutional change. Filled with sharp observations and bold claims, Platonic Legislations shows that it is possible to see Plato—and our own legal culture—in a new light “In this provocative, intelligent, and elegant work D. L. Dusenbury has posed crucial questions not only as regards Plato’s thought in the making, but also as regards our contemporaneity.”—Giorgio Camassa, University of Udine “There is a tension in Greek law, and in Greek legal thinking, between an understanding of law as unchangeable and authoritative, and a recognition that formal rules are often insufficient for the interpretation of reality, and need to be constantly revised to match it. Dusenbury’s book illuminates the sophistication of Plato’s legal thought in its engagement with this tension, and explores the potential of Plato’s reflection for modern legal theory.”—Mirko Canevaro, The University of Edinburgh

The Code of Hammurabi (Codex Hammurabi) is a well-preserved ancient law code, created ca. 1790 BC (middle chronology) in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi. One nearly complete example of the Code survives today, inscribed on a seven foot, four inch tall basalt stele in the Akkadian language in the cuneiform script. One of the first written codes of law in recorded history. These laws were written on a stone tablet standing over eight feet tall (2.4 meters) that was found in 1901.

"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--

This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.

Huang-Lao thought, a unique and sophisticated political philosophy which combines elements of Daoism and Legalism, dominated the intellectual life of late Warring States and Early Han China, providing the ideological foundation for post-Qin reforms. In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.