riiis rheme I ha\’e treated in tarious contexts before. Indeed, I will use some of the same examples: not surprisinglv because to me these ha\e seemed the nuxst important, clear and instructix e. 1 have no particular desire to produce new e\ idence for its own sake. Mv wish is to bring together particular examples, to show how per\ asi- \ e is the impact of origins on legal growth. Fhe examples will include (i) the impact of the choice of procedure; (2) the maitisprings of contract law; {^) basic delict law, especially as exemplified h\’ French law and the numerous swstems influenced hv the ak/r civil\ (4) a general example of the power of formalities. 1 lere 1 ha\e a particular purpose. Fo indicate, especially to those who will he responsible for creating a new ins commune, some of the force of the past, and of the pitfalls of being unaware of wh\’ approaches to law are as the\’ are and are as they ha\e been. Law is \er\’ much a traditional subject, and that is by no means a bad thing. Law also dexelops piecemeal: indi\ iduals contribute what they can to the existing structure, l or instance, the legis uctio sucmmctito (action of the law b\’ oath) is wideh’ held to be the oldest known Roman ci\ il action. As in archaic Clreece, so at Rome the parties seem to ha\ e chosen or accepted an arbiter or judge who was mutualK' acceptable. But in this Roman procedure unlike that of archaic (ireece there was no room for compromise. Fhere were two stages of the Roman trial. In the first, callled /;/ iiin\ the parties appeared before the publicly elected magistrate, both claimed the object in question (if the action was in non), and each challenged the other in an oath [sucnimcntum) on the \ alidit\' of the claim in a sum of fifty or fi\e hundred usscs, depending on the amount of the claim (G. q.^ff.). Fhe magistrate made one party the interimpossessor of the object claimed, and the case went to the next stage, upiid iiuiicton (beh^re the judge). 'Fhe legis uctio siicrumcnto \\o\\\i\ then proceed on the basis of whose oath was true, whose was false, whose oath was iustum and whose 60
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