Suggested Further Reading
The most important primary source for Roman law is Justinian's Digest, which has in recent years been translated into English: The Digest of Justinian, 4 vols., ed.
A. Watson (Philadelphia, 1985). Besides the Digest, Gaius's Institutes, available in more than one English translation, is also essential. F de Zulueta, The Institutes of Gaius, 2 vols. (Oxford, 1946-1953), has a fine commentary and is preferable on that basis to W M. Gordon and O. F Robinson, The Institutes of Gaius (Ithaca, 1988). As for Justinian's Institutes, J. A. C. Thomas's The Institutes of Justinian (Cape Town, 1975) is the best English version, though several others are available; P Birks and G. McLeods Justinian’s Institutes (Ithaca, 1987) may be more accessible. Justinian's Institutes presents Roman law in a somewhat “modernized” Byzantine version. For commentary see now E. Metzger, ed., A Companion to Justinian’s Institutes (Ithaca, 1998). Most other primary sources on classical law have not received good English translations or good translations that are reasonably accessible, though M. H. Crawford, ed., Roman Statutes, 2 vols. (London, 1996), has a critical edition of the text, translation, and commentary (with good bibliography) of some Roman statutes, that is, sixty-five leges and rogationes (and no senatusconsulta or magisterial and imperial edicts).On works relevant to Roman family law as well as history, see the “Bibliography on the Roman Family” below.
For a short general summary of Roman law, B. Nicholas's An Introduction to Roman Law (Oxford, 1962) is hard to beat for brevity and clearness; Nicholas is particularly good at expounding Roman law for readers in the common-law tradition. Among other available introductions, probably the fullest is M.
Kaser, Roman Private Law, 4th ed., trans. R. Dannenbring (Pretoria 1984); Kaser looks at Roman law from a distinctively European perspective, and he is not always easy to read. W. W. Buckland's A Textbook of Roman Law, 3d ed., ed. P Stein (Cambridge, 1963), is intended, despite its name, mainly for advanced readers. A. Borkowski's Textbook on Roman Law, 2d ed. (Oxford, 2002), on the other hand, is well organized and accessible to the beginner, featuring plenty of cases in translation. More extensive, better documented, and at the same time more formidable is J. A. C. Thomas, Textbook of Roman Law (Amsterdam, 1976).On the historical background of Roman law, W. Kunkel's An Introduction to Roman Legal and Constitutional History, 2d ed., trans. J. M. Kelly (Oxford, 1973), is brief and well organized. H. F. Jolowicz and B. Nicholas's Historical Introduction to the Study of Roman Law, 3d ed. (Cambridge, 1972), is fuller, though some may find it hard to follow. A. A. Schiller, Roman Law: Mechanisms of Development (The Hague, 1978), offers a more institutional approach; the book also has an excellent bibliography. E. Metzger, A New Outline of the Roman Civil Trial (Oxford, 1997), presents new arguments and recently discovered evidence regarding the law of civil procedure. Two recent books are designed particularly for those with an interest in ancient history. O. F Robinson, The Sources of Roman Law: Problems and Methods for Ancient Historians (London, 1997), has three short expository chapters setting forth various aspects of the legal sources in clear and concise fashion, followed by two,
more innovative chapters, one exploring problems in the law of civil procedure and the second discussing difficulties ancient historians can expect to encounter in treating the sources for Roman law. D. Johnston, Roman Law in Context (Cambridge, 1999), examines some of the same topics, though from a somewhat different perspective; the bulk of the book is devoted to a clear, concise, and engaging treatment of some major aspects of substantive law and procedure in light of the Roman economy and society.
One particularly useful feature is the brief analytical bibliography.size=1 color=black face="Book Antiqua">J. A. Crook, Law and Life of Rome (Ithaca, 1967), looks at Roman law from the perspective of Roman social history; Crook discusses numerous surviving private documents that reflect Roman law in practice. Among the many other books discussing particular aspects of Roman law from a social perspective, readers may enjoy B. W Frier, Landlords and Tenants in Imperial Rome (Princeton, 1980). B. W Frier, The Rise of the Roman Jurists (Princeton, 1985), recounts the emergence of the legal profession in the later Roman Republic and the effect of “legal science” on Roman society. On other topics, see S. D. Martin, The Roman Jurists and the Organization of Private Building in the Late Republic and Early Empire (Brussels, 1989); D. P. Kehoe, Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy (Ann Arbor, 1997); T. A. J. McGinn, Prostitution, Sexuality, and the Law in Ancient Rome (Oxford, 1998), which has extensive discussions of the marriage and adultery legislation of Augustus.
For a lively account of the main social values expressed in Roman private law, F Schulz, Principles of Roman Law, trans. M. Wolff (Oxford, 1936), can be recommended.
On the historical influence of Roman law, O. F. Robinson, T. D. Fergus, and W M. Gordon, An Introduction to European Legal History, 2d rev. ed. (London, 1994), present a good overview. W W Buckland and A. McNair, Roman Law and Common Law, 2d ed., ed. F H. Lawson, rev. J. C. Hall (Cambridge, 1965), survey the basic differences between the two systems. J. H. Merryman’s The Civil Law Tradition, 2d ed. (Stanford, 1985), is a good summary of the basic characteristics of modern civil law.
Finally, those interested in the case-law approach applied to Roman law should consult B. W Frier, A Casebook on the Roman Law of Delict (Atlanta, 1989).