Republican civil procedure: sanctioning reluctant defendants

Metzger, E. (2016) Republican civil procedure: sanctioning reluctant defendants. In: du Plessis, P. J., Ando, C. and Tuori, K. (eds.) Oxford Handbook of Roman Law and Society. Series: Oxford handbooks. Oxford University Press: Oxford, pp. 245-256. ISBN 9780198728689 (doi:10.1093/oxfordhb/9780198728689.013.19)

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Abstract

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.

Item Type:Book Sections
Status:Published
Glasgow Author(s) Enlighten ID:Metzger, Professor Ernest
Authors: Metzger, E.
College/School:College of Social Sciences > School of Law
Publisher:Oxford University Press
ISBN:9780198728689
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