Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 15 October 2019

Abstract and Keywords

Those who study civil procedure favour traditional doctrinal research as the best way to determine the general outlines of litigation. Yet within those outlines Roman litigants decided a great deal for themselves, and accordingly the law requires a “human record” to make sense. This is where traditional sources are put aside. How the law dealt with reluctant defendants is difficult to determine with the aid of doctrine alone: none of the legal devices seems to suit. But when one gathers wider evidence and considers the actual manner in which parties prepared themselves for litigation, the suitable remedy makes itself apparent.

Keywords: actions, in ius vocare, recalcitrance, methodology, civil procedure

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.