No, Thanks. Cornelii Taciti opera, Paris, , p.
Ernesti, C. Cornelii Taciti opera, I, Leipzig, , p. That Nero abolished the tax on lawsuits appears even in some recent works: E. Kaser, K. Gaspar Orellius, P. Cornelii Taciti opera2, I, Turici, [ 1st ed. The taxes introduced by Caligula were based on a statute: Suet. Haenel, Corpus legum ab imperatoribus romanis ante Iustinianum latarum: quae extra constitutionum codices supersunt,. Ritter, CorneliiTaciti opera, I, Cambridge, , p. Already Johan Gottlieb Heineccius , who frequently refers to Spanheim and Burman, entirely ignores the debate on the abolition of the quadragesima litium: Antiquitatum romanarum jurisprudentiam illustrantium syntagma4, Strasbourg, , p.
Some commentators hesitated between the different views: J. Thibault, Les douanes chez les Romains,. Paris, , p. NewYork, [ Brugge, ], p. France, Quadragesima Galliarum. Hirschfeld, Die kaiserlichen Verwaltungsbeamten bis auf Diocletian2, Berlin, [ 1st ed. Bonelli also remarked that the Romans understood by the mere quadragesima. Therefore, if Galba remitted the tax on lawsuits, the quadragesima ought to have been specified as litium. De Laet, Portorium, cit. See also J. Prieur, La province romaine des Alpes Cottiennes, Lyon, , p. McGinn, Prostitution, Sexuality and the Law, cit.
Atlanta, , p. Berlin-NewYork , p.
Barrett ed. Wilkinson, Caligula, London-New York, , p. Bremi, C. Imperatorum, cit. See also A. Curiously, this reading would limit the tax to the lawsuits raised only by using the formulary procedure. Milano, , p. Historia antiqua, 8, , p. But under Caligula, this form of procedure was not common especially in Italy where most of the civil suits between Roman citizens took place.
And even in the provinces, where the extraordinary procedure first developed, it was possible to use also formulary procedure. Licentiousness in courts, modern and ancient, is alluded to in connection with quadragesima litium already by O. The rise of litigation seems, as Brunt points out, to be corroborated by the simultaneous growth of the number of private judges in Rome: P.
Brunt, cit. Appeals to the emperor and the Senate were controlled by the requirement of a deposit of money: Tac. Orestano, Appello civile in diritto romano2, Milano, , p.
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Ernesti, Caius Suetonius Tranquillus, cit. Suetonii Tranquilli opera, I, cit. Qui transigit, quasi de re dubia et lite incerta neque finita transigit. Qui uero paciscitur, donationis causa rem certam et indubitatam liberalitate remittit. On the connection between componere and donare in Suetonius, and transigere and pacisci. And on pacta: G. Melillo, Contrahere, pacisci, transigere. Contributi allo studio del negozio bilaterale romano, Napoli, , p. Peterlongo, La transazione nel diritto romano, Milano, , p. Roebuck, B. In general J. Kelly, Roman Litigation, cit.
Peterlongo, La transazione nel diritto romano, cit. Gagos, P. See again the remarks in J. Camodeca, Tabulae Pompeianae Sulpiciorum. Cairns, P. Lawsuits settled after the litis contestatio in papyri: P. Garnsey, Social Status and Legal Privilege,. Verboven, The Economy of Friends, cit. According to Cic, Rosc.
Camodeca, Tabulae Pompeianae Sulpiciorum, cit. NA 14, 2, 15; D. Sherwin-White, The Letters of Pliny. A Historical and Social Commentary, Oxford, [ 1st ed. Concerning a landed estate: C. The Julian law implies that anyone but the judge could be appointed arbiter ex compromisso in a case that had reacehd trial: D. Hezser ed. I do not claim, however, that American society sets the nearest parallel to the Roman society; I think the Roman society had far less lawsuits per capita than the American society on this more below.
The example of the American society shows that even in highly developed legal systems the law and legal processes far from dominate the dispute resolution, and provides a statistical model of litigation against which to view the haphazard Roman evidence for practice. Roberts, Order and Dispute, London, ; J. Rosen, The Anthropology of Justice, Cambridge, NewYork, ; S.
Bossy ed. Nader, H. Todd ed. Miller, A. Felstiner, R. Abel, A. These findings are in general supported by very similar findings from Australia and England: J. Prest, S. Anleu ed. Sydney, , p. On some historical societies see J. Zuckerman ed. The figures indicate that out of an average population of grievances, there emerge about disputes, contacts to lawyers and advocates, 50 lawsuits in iure phase, 10 lawsuits apud iudicem phase, and 5 adjudications. It is important to note that not all parties who reached the in iure phase had consulted advocates, lawyers or the emperors for advice. It is well known that criminal procedures were in Rome frequently motivated by personal enmity and political strife: J.
But the recourse to courts as means to pursue settlements remains insufficiently noticed and researched. Frier, The Rise of the Roman Jurists, cit.
The continuity of legal insecurity under the empire is emphasized by M. De Blois ed. The common man makes occasional errors when he applies what he takes to be legal standards to his everyday life, not only because of his lack of legal training but also because many social situations have a legally ambiguous character.
Halpern, D. Hobson ed. This contribution includes, but is not exhausted by, communication to prospective litigants of what might transpire if one of them sought a judicial resolution. See also Id. On the benefits of private arbitration: M. For the negative aspects of Roman litigation: J.
Private arbitration preferred to especially by the senators and businessmen: E. Avoidance of public litigation was a guiding principle in disputes between elite creditors and debtors: M.
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Wolff ed. Parkin, A. Pomeroy, Roman Social History. A Sourcebook, London-NewYork, , p. Priest, B. Australia, Parties are treated as if they were equally endowed with economic resources, investigative opportunities and legal skills. See already the remarks of H. The ordo salutationis contains increasing rate of charges for the postulation before the magistrate, trial before the judge, and even after the judgement was reached: C. Metzger suggests that the Roman litigants frequently appeared before the magistrates unprepared and series of postponements might follow in iure: E.
Metzger, Litigation in Roman Law, Oxford, For the evidence on delays in Roman litigation, see especially J. Bablitz, cit. Kelly, Ruling the Later Roman Empire, cit. For evidence on fee-taking under the early empire: R. Corruption and the Decline of Rome, New Haven, , p. The fee-taking probably was a far more important form of judicial corruption in the Roman empire than the bribery of the magistrates and judges for a favourable decision; see for comparison the Global Corruption Report by theTransparency International: Corruption in Judicial Systems, Cambridge, David, Le patronat judiciaire, cit.
Crook, Legal Advocacy in the RomanWorld, cit. Ailloud ed. The document has 1, entries, 70 of which are petitions: D. Thus Tebtunis produced around 50 petitions a year, and having at most 5, inhabitants, around 1, petitions per , capita a year. If representative, this rate would translate into roughly , petitions a year in the whole empire of 50,, inhabitants.
But not all, and perhaps not most, petitions were related to disputes, and their formal adjudication. Yale 61 a. Oxy at least 1,; G. Christ, The Litigious Athenian, Baltimore, One factor is the relatively high level of urbanization, about nine percent of all population, not reached in theWestern Europe until the eighteenth century: A. Essays in Macro-economic History,. Hopkins, Death and Renewal, Cambridge, , p. This has already been clearly seen by C. Also M. Peachin, Iudex Vice Caesaris, cit. The High Empire, A. Cambridge, , p. Maddison, Contours of theWorld Economy, cit.
Our understanding of the demography of the Roman world, however, is not based on much better evidence than can be conjured for the study of litigation itself. Brand, D. Strempel ed. Baden-Baden, , p. See also M. Galanter, J. Jenssen, T. Oeuvres de Machiavel. Oeuvres de Epicure. Oeuvres de Virgile. Oeuvres de Aurelius Victor. Aurelius Victor.
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