How to Use This Casebook
The presentation of the Cases is invariable: first, the Latin text with the appropriate citation; second, an English translation of the text; third, for some Cases, a brief restatement of the main hypothetical problem in the Case; fourth, discussion of the elements of the Case to orient students regarding the main legal problems raised, and questions to encourage deeper reflection on the Case and its ramifications.
The Cases are grouped by subject matter and presented in a definite order, usually so that legal questions can be explored on a progressively deeper basis.
It is important to think about the interrelationship between the Cases and the various approaches that the jurists take within them.The discussion questions have several forms. Some encourage accurate understanding of the Case itself, others involve application of the Case to different situations, and still others raise open-ended problems that invite a response based on broader considerations, including morality and public policy. For this reason, not all of the questions have clear and specific answers. Some, in fact, are intended mainly to stimulate thought and classroom discussion, and these questions may have no “correct” answer at all. Roman law, like all law, tends to raise difficulties on several levels simultaneously; students should learn to think about the connection between broad and narrow legal issues.
Frequent reference is made to other legal texts, including many not quoted in this Casebook. Although it is not necessary to look up these references in order to understand the discussion, students who wish to learn more about Roman law are urged to consult these texts and the works mentioned in the “Suggested Further Reading” at the end of the book.
To assist readers in becoming familiar with some of the more common technical terms of Roman law, a Glossary has been provided that contains definitions of key Latin words and some unfamiliar English words.Finally, students should remember that the writings of the Roman jurists span more than three centuries and accordingly display a development in legal ideas. The chronological list of jurists presented following the table of contents should make it easier to observe this development. An Appendix to the Casebook contains short biographies of the major Roman jurists. Fortunately, they are few in number, and students who look up the biographies will soon become familiar with their names.
In reading this Casebook, students should think about not only the particular problems raised by the Cases but also the larger issues they concern. On what principles does a civil society attempt to structure an institution as fundamental as the family? How, and to what extent, is law used to protect not only the existence of the family but also the independent interests of the various persons who participate in families? The jurists' thought on these matters is in some respects similar to our own and in other respects sharply different. What explains the differences? Do they result chiefly from the relative social and economic “underdevelopment” of the Roman world or from deeper disagreements about the way in which societies should be organized and governed? To what extent is the development of Roman law affected by accidents of its history or the conservatism of the jurists, and to what extent by the conscious or unconscious efforts of the jurists to achieve a socially beneficial body of rules? How close is the “fit” between Roman law and the social needs of Roman society? These are difficult questions, concerning which modern scholars still often disagree.