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date: 25 October 2020

Abstract and Keywords

Common interests in Roman law have brought Romanists and historians to a close and invaluable dialogue. Whether it is understanding law in a social context or society in light of law, historians without legal training tend to have different expectations about the role played by the law in society than lawyers, and not without controversy. This chapter explores lawyers’ and historians’ approaches to Roman law, and their underlying law and society assumptions, against the background of legal science and sociology of law traditions. It suggests that contemporary socio-legal scholarship, in dialogue with legal science, provides a sound theoretical and methodological framework for the study of law and society in Roman world.

Keywords: legal history, legal science, sociology of law, Max Weber, Eugen Ehrlich, Roscoe Pound, law in action, law in books, living law, legal culture

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