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5 Tul. L. Rev. 353 (1930-1931)
Roman Law of Civil Procedure

handle is hein.journals/tulr5 and id is 383 raw text is: THE ROMAN LAW OF CIVIL PROCEDURE. LEOPOLD WENGER' TRANSLATED AND ANNOTATED BY A. ARTHUR SCHILLER2 INTRODUCTORY NOTE BY THE TRANSLATOR There is no field of Roman law that is so essential for the comprehension of the system as a whole as that of private, or civil, procedure. One cannot correctly und6rstand sub- stantive law principles without an insight, at least, into the adjective law that, even more than our system, was so intimately tied up with the individual legal institutions. The student of modern comparative law, whose number, to judge from recent articles in law reviews, is rapidly being augmented, can somewhat easily trace the particular field he is interested in back to its origin, but is often unable to view it in its proper setting. This setting is in great part presented by the law of procedure. On the other hand, modern European procedural devices, foreign to the Anglo- American lawyer, are in many cases the developed results of pure Roman adjective law. It so happens that of the works in English dealing with Roman procedure only a few are based upon the generally accepted current theory, and in these procedure is but a por- tion of a comprehensive study of Roman law3 In fact, the IThis work is part III of the Jurisprudence section of ENZYKLOPXDIE DER RECHTS= UND STAATSWISSENSCHAFT edited by E. Kohlrausch and W. Kaskel (Julius Springer, Berlin 1927), published as an appendix to part II, J6RS, R6MiSCHES RECHT, pp. 259-280. 2Translation permitted by the author and publisher. The translator wishes to express his thanks to Mr. Norman W. Schur of New York City for his aid in the preparation of the translation and revision. The Introductory Note and all the footnotes with the exception of Notes 7 and 194 have been made by the translator. The annotations have been limited, in the main, to translations of Latin phrases in the text, indications of divergent views, and a reference here and there to analogous situations in the Anglo-American law. No attempt has been made to indicate primary and secondary references, for which the reader should consult the works in the following paragraph. The following leading works are cited in abbreviated form: BuCK- LAND, A TEXT-BooK OF ROMAN LAW FnOM AUGUSTUS TO JUSTINIAN (1921); COSTA, PROFILO STORICO DEL PROcESSo CIVLE ROMANO (1918); ENGELMANN-MILLAR, HISTORY OF CONTINENTAL CIVIL PROCEDURE, infra, note 4; KELLER-WACH, DER R6MISCHE CIVILPROCESS UND DIE ACTIONEN, infra, note 6; WENGER, INSTITUTIONEN DES ROMISCHEN ZIVILPROZESS- RECnTS (see text, page 354 of Review); WENGER, PRAETOR UND FORMEL infra, note 7. SSignificant are BUCKLAND, op. cit. supra note 2, at 599-739; RADIN,

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