The Case for a Sociology of Roman Law

This chapter considers the sociology of Roman law. In particular, it looks at the history and the present state of Roman law and society studies. It then addresses some of the problems of and prospects for the sociology of Roman law. The problem of Roman law's relation to society, as formulated by Bruce Frier, is also described in terms of the current opposition between positivist and sociological ideas of law and jurisprudence. It is noted that the sociology of law offers a comprehensive, comparative, and realistic perspective on socio-legal phenomena and their inter-relations in Ancient Rome which is not always evident if one pays attention only to Roman sources and Roman law doctrine.