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Roman Law before the Twelve Tables: An Interdisciplinary Approach

Authors:
EDITED BY SINCLAIR W. BELL
AND PAUL J. DU PLESSIS
ROMAN LAW BEFORE
THE TWELVE TABLES
Examines the complex and varied interactions between law and
the different visual media produced by changing technologies
Will social media lead to social law? Virtual courts and online judges? Paperless
trials? Electronic discovery? All of these novel legal developments impact how we
conceive of the practice of law. Here, international specialists from new and
established domains of law, media, lm and virtual studies address the emergence
of the jurist in the era of digital transmission.
Examining the jurisprudence of new visual technologies – from the cinema of the
early twentieth century to the social media of our own time – this volume
explores the multiple intersections of these visual technologies and the law from
the theoretical insight they generate to the nature of law to the impact they have
on doctrinal development.
Key Features
Includes an international range of contributions from the United States,
Europe, the Middle East and China
Presents a rm historical foundation for considering the connections between
law and new forms of media
Part One tracks the media, technologies and apparatuses of modern law,
from the acoustics of architecture to contemporary fora such as blogs,
Facebook, and #hashtag law.
Part Two examines the jurisprudential questions raised by new visual and
virtual reality technologies of the twenty-rst century
Christian Delage is Professor at the University of Paris 8 and Director of the
Institut d’histoire du temps présent (CNRS/Paris 8).
Peter Goodrich is Professor of Law and Director of the Programme in Law and
Humanities at the Benjamin N. Cardozo School of Law, New York.
Marco Wan is Associate Professor of Law and a Director of the Law and Literary
Studies Programme at the University of Hong Kong.
ISBN 978-1-4744-4582-5
www.edinburghuniversitypress.com
Cover image: Video still from Stereoscope, 1999 © William Kentridge
Cover design: www.hayesdesign.co.uk
Law and New Media
AN INTERDISCIPLINARY APPROACH
Edited by Christian Delage,
Peter Goodrich and Marco Wan
Roman Law before the Twelve Tables
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Roman Law before the
Twelve Tables
An Interdisciplinary Approach
Edited by Sinclair W Bell and
Paul J du Plessis
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Edinburgh University Press is one of the leading university presses in the UK. We publish academic
books and journals in our selected subject areas across the humanities and social sciences, combining
cutting-edge scholarship with high editorial and production values to produce academic works of
lasting importance. For more information visit our website: edinburghuniversitypress.com
© editorial matter and organisation Sinclair W Bell and Paul J du Plessis, 2020
© the chapters their several authors, 2020
Edinburgh University Press Ltd
The Tun – Holyrood Road
12 (2f) Jackson’s Entry
Edinburgh EH8 8PJ
Typeset in 10/12 Goudy Old Style by
IDSUK (DataConnection) Ltd, and
printed and bound in Great Britain
A CIP record for this book is available from the British Library
ISBN 978 1 4744 4396 8 (hardback)
ISBN 978 1 4744 4398 2 (webready PDF)
ISBN 978 1 4744 4399 9 (epub)
The right of the contributors to be identifi ed as authors of this work has been asserted in
accordance with the Copyright, Designs and Patents Act 1988 and the Copyright and Related
Rights Regulations 2003 (SI No. 2498).
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Contents
The Contributors vii
Introduction: The Dawn of Roman Law 1
Paul J du Plessis and Sinclair W Bell
Part I The Materiality of Roman Law: New Archaeological
Discoveries
1. Roman Law in its Italic Context 9
James Clackson
2. Central Italian Elite Groups as Aristocratic Houses in the Ninth
to Sixth Centuries BCE 25
Matthew C Naglak and Nicola Terrenato
3. Authority and Display in Sixth-Century Etruria: The Vicchio Stele 41
P Gregory Warden and Adriano Maggiani
Part II Constructing Early Roman Law: Sources and Methods
4. The Twelve Tables and the leges regiae: A Problem of Validity 57
Carlos Felipe Amunátegui Perelló
5. The leges regiae in Livy: Narratological and Stylistic Strategies 77
Marco Rocco
6. The leges regiae through Tradition, Historicity, and Invention:
A Comparison of Historico-literary and Jurisprudential Sources 97
Rossella Laurendi
7. The Laws of the Kings – A View from a Distance 111
Christopher Smith
8. Beyond the Pomerium: Expansion and Legislative Authority
in Archaic Rome 133
Jeremy Armstrong
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vi Roman Law before the Twelve Tables
Part III Roman Law in Historiography and Theory
9. Niebuhr and Bachofen: New Forms of Evidence on Roman History 155
Luigi Capogrossi Colognesi
10. Finding Melanesia in Ancient Rome: Mauss’ Anthropology of nexum 171
Alain Pottage
Index 199
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The Contributors
Jeremy Armstrong is a Senior Lecturer in Ancient History at the University of
Auckland, New Zealand. He received his BA from the University of New Mexico
and his MLitt and PhD from the University of St Andrews. He works primarily
on early Roman warfare and is the author of War and Society in Early Rome: From
Warlords to Generals (Cambridge, 2016), as well as editing several volumes on
related topics.
Sinclair W Bell is Associate Professor of Art History at Northern Illinois Univer-
sity. His research focuses on Etruscan and Roman art and archaeology.
Luigi Capogrossi Colognesi has been Professor of Roman Law from 1980 to
2010 at the University of Rome La Sapienza, where he is now Professor emeri-
tus. His research focuses on the history of Roman property and agrarian history
and historiography. His recent books include Law and Power in the Making of the
Roman Commonwealth (Cambridge, 2014) and La costruzione del diritto privato
romano (Bologna, 2016).
James Clackson is Professor of Comparative Philology at the University of
Cambridge and a Fellow and Director of Studies in Classics at Jesus College,
Cambridge. He has published widely on the history of the Greek and Latin lan-
guage and the comparative philology of Indo-European languages.
Paul J du Plessis is Professor of Roman Law at the University of Edinburgh. His
research focuses predominantly on the multifaceted and complex set of relation-
ships between law and society in a historical context.
Rossella Laurendi holds a PhD in Roman Law from the Mediterranea University
of Reggio Calabria. She is currently Senior Assistant Professor in the Department
of Law at the University of Genoa, where she teaches courses in the institutions of
Roman law (A–E) and history of Roman law.
Adriano Maggiani is an archaeologist and Etruscologist. He is Professor of Classi-
cal Archaeology at the Ca’ Foscari University of Venice. His research is concerned
with funerary architecture and sculpture, Etruscan religion and epigraphy, and
aspects of the art and culture of pre-Roman Ligurians and Venetians.
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viii Roman Law before the Twelve Tables
Matthew C Naglak is a PhD candidate in the Interdepartmental Program in
Classical Art and Archaeology at the University of Michigan. His research
focuses broadly on the development and use of public space in central Italy from
the beginnings of the urbanisation process through the later Republican Period,
with particular emphasis on its impact on the physical and social environment.
Carlos Felipe Amunátegui Perelló is a Chilean researcher in Legal History and
Comparative law. He is chair professor of Roman law and Legal Theory of the
Faculty of Law of the Pontifi cia Universidad Católica de Chile. He has written six
books and more than one hundred articles in scientifi c journals and book chapters
in subjects ranging from Archaic Roman law, Comparative law, Legal Theory and
Artifi cial Intelligence.
Alain Pottage is Professor of Law at the London School of Economics. His work
draws on perspectives in history, anthropology, and social theory to explore ques-
tions of property and ownership.
Marco Rocco teaches Ancient History at the University of Padua. He has focused
his research on political and military institutions and cultures in ancient Rome,
in particular the Livian tradition. He has written monographs and essays on the
Roman army and the profession of the soldier in the imperial age.
Christopher Smith is Professor of Ancient History at the University of St Andrews
and was Director of the British School at Rome from 2009 to 2017. He works pre-
dominantly on archaic Rome and Italy. Previous publications include Early Rome
and Latium c.1000 to 500 BC: Economy and Society (Oxford, 1996) and The Roman
Gens: From Ancient Ideology to Modern Anthropology (Cambridge, 2006).
Nicola Terrenato is the Esther B Van Deman Collegiate Professor of Roman
Studies at the University of Michigan. He studied at Rome and Pisa. He special-
ises in fi rst millennium BCE Italy, in particular early Rome, northern Etruria, and
the Roman conquest. He directs the Gabii Project and the Sant’Omobono Proj-
ect. Other interests include theories of imperialism, fi eld survey, and the history
of archaeology. He recently published Early Roman Expansion (Cambridge, 2019).
P Gregory Warden is President of Franklin University Switzerland, where he
is also Professor of Archaeology. He is the Executive Editor of Etruscan Studies,
a trustee of the Etruscan Foundation, Consulting Scholar at the University of
Pennsylvania Museum of Archaeology, and an elected member of the Istituto
di Studi Etruschi e Italici. He is the founder and Principal Investigator of the
Mugello Valley Archaeological Project.
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