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Law, Language, and Empire in the Roman Tradition (Empire and After) Hardcover – October 12, 2011

by Clifford Ando (Author)
5.0 5.0 out of 5 stars 3 ratings
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The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield.

Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought.

In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.

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  1. Part of series
    Empire and After
  2. Print length
    184 pages
  3. Language
    English
  4. Publisher
    University of Pennsylvania Press
  5. Publication date
    October 12, 2011
  6. Dimensions
    6 x 0.75 x 9.25 inches
  7. ISBN-10
    0812243544
  8. ISBN-13
    978-0812243543
  9. See all details
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Editorial Reviews

Review

"A set of stimulating thought-pieces on five distinct but connected preoccupations concerning ancient civil and international law, legal culture, and later readings of the Roman legal tradition. . . . As an attempt to break free of the conventional parameters of discourse on law in antiquity, the book has much to recommend it." ― American Historical Review

Book Description

Law, Language, and Empire in the Roman Tradition demonstrates how Roman civil law functioned as an instrument of empire by tracking its application to the challenges of governing diverse and distant people.

Product details

  • Publisher ‏ : ‎ University of Pennsylvania Press (October 12, 2011)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 184 pages
  • ISBN-10 ‏ : ‎ 0812243544
  • ISBN-13 ‏ : ‎ 978-0812243543
  • Item Weight ‏ : ‎ 15.7 ounces
  • Dimensions ‏ : ‎ 6 x 0.75 x 9.25 inches
  • Customer Reviews:
    5.0 5.0 out of 5 stars 3 ratings

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Clifford Ando

Clifford Ando

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5 out of 5 stars
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3 global ratings

Top review from the United States

A. A. Nofi
5.0 out of 5 stars Law as a Tool of Empire
Reviewed in the United States on February 9, 2016
A summary of the review on StrategyPage.Com:

'Observing that the Romans perceived civil law as systematizing individual relationships, Prof. Ando (Chicago) notes that it was also a tool of empire. He then examines how Roman civil law evolved to handle a “pluralistic” empire, which, from its beginnings in the third century BC included not just Roman citizens but persons with partial citizenship, such as freedmen or those with “Latin” rights, as well as non-citizen subjects, a situation that persisted until AD 212, when Caracalla granted full citizenship to virtually all free persons in the Empire. Ando opens with two chapters discussing how Roman legal experts juggled the complexities of “legal pluralism,” largely by defining often equally complex legal work-arounds. The next three chapters in turn examine civil, public, and “international” law, and the law of war, in the Roman tradition. This book will be of value to those interested in how the Empire was governed or in the Roman perception of the law of war'

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