Litigation in Roman Law

This insightful book offers a fresh perspective on Roman litigation, revealing a less orderly and more contentious process than previously thought in Litigation in Roman Law.

Most narratives about how classical Romans engaged in litigation often depict the involved parties as cooperating amicably under the supervision of a magistrate, leading up to a trial. However, Litigation in Roman Law presents a different perspective, revealing a much less civil and more chaotic process. This book delves into the intricacies of how legal procedures addressed the frequent pretrial delays that characterized Roman litigation, challenging the conventional wisdom that portrays a smooth legal journey.

The traditional view suggests that litigants would find a mutually agreeable time to present their cases, during which they would finalize details, select a judge, and gain permission to proceed to trial. Any necessary delays would be managed with the assistance of the magistrate. This narrative, however, is overly simplistic and assumes a level of cooperation that was rarely present. It fails to acknowledge the complexities and challenges that often arose, particularly given the limited historical evidence preserved by figures like Justinian, who showed little interest in documenting classical legal processes.

In Litigation in Roman Law, Metzger draws on a wealth of newly discovered evidence to illuminate the realities of Roman legal proceedings. By analyzing this material, he reveals a litigation environment that was often marked by disorder and contention, rather than the orderly cooperation typically assumed. This examination not only enriches our understanding of Roman law but also sheds light on the broader nature of legal systems and the challenges they face in managing disputes.