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ROMAN AND AFRICAN LITIGATION by GEOFFREY MACCORMACK (Aberdeen) I The subject of this paper is an attempt to study, at a broad level, the attitude to litigation of the parties to a dispute at the time of the Twelve Tables. I am concerned not so much with the formal steps through which an action proceeded as with what the parties themselves intended to achieve through the use of the procedures established (or regulated) by the Twelve Tables. The practical aspects of Roman litigation have recently been examined by Professor Kelly. In his book on Roman Litigation he has emphasised that what actually happened when a dispute arose between two persons might diverge very considerably from what the rules of law prescribed should happen. It is because I accept this point but think that the evidence can bear a different inter- pretation from that suggested by Professor Kelly that I have been led to add to what he has written. The best starting point is a summary of Professor Kelly's conclusions in so far as they relate to the time of the Twelve Tables. Professor Kelly has represented early Roman legal procedure as belonging to a stage of transition,
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1971
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