oa Fundamina : A Journal of Legal History - Forms of imposed protection in legal history, especially in Roman law
Legal measures to protect economically and socially weaker parties are supposed to be a rather recent phenomenon in legal history. Indeed, at first glance they are not clearly present in Roman law and cannot be found to occur earlier than the nineteenth century. They were during the latter period a necessary consequence of the blatant forms of inequality which flowed from the Industrial Revolution. On a legislative level, measures to protect weaker parties may also be understood as a reaction against the ultra-liberal ideas behind the codifications of the early nineteenth century. However, imposed legal protection sometimes takes another form that existed already in classical Roman law, or a form that developed during the reception of Roman law in civil-law countries.
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