Roman Law in European History

Peter Stein

Publisher: Cambridge University Press (13 May 1999)

ISBN-13: 978-0521643795

Резюме

This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

 

Roman Law and the Legal World of the Romans

Andrew M. Riggsby

Publisher: Cambridge University Press; 1 edition (14 Jun. 2010)

ISBN-13: 978-0521687119

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In this book, Andrew Riggsby offers a survey of the main areas of Roman law, both substantive and procedural, and how the legal world interacted with the rest of Roman life. Emphasising basic concepts, he recounts its historical development and focuses in particular on the later Republic and early centuries of the Roman Empire. The volume is designed as an introductory work, with brief chapters that will be accessible to college students with little knowledge of legal matters or Roman antiquity. The text is also free of technical language and Latin terminology. It can be used in courses on Roman law, Roman history, or comparative law, but it will also serve as a useful reference for more advanced students and scholars.

Roman Law Essentials

Craig Anderson

Publisher: Edinburgh University Press; First edition (14 July 2009)

ISBN-13: 978-1845860844

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Roman Law Essentials is an invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of Roman Law and its effect on the law of Scotland and is the ideal text for students who come new to the subject and for those preparing for exams. This book is also an excellent resource for those who need to refresh or update their knowledge. Summary sections of Essential Facts and Essential Cases will help students remember the key elements of the subject. Contents: * Historical Introduction * Sources and Development * The Law of Persons * The Law of Things - Rights in Property - Acquisition of Ownership - Succession - Contracts - Delicts - Other Obligations * The Law of Actions * The Reception of Roman Law Table of Cases, Table of Statutes and an Index are also included.

Roman Law and Common Law: A Comparison in Outline

W. W. Buckland, Arnold D. McNair

Publisher: Cambridge University Press; 2 edition (14 Oct. 2008)

ISBN-13: 978-0521086080

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Roman Law and Common Law was first published in 1936. The second edition, entirely reset, revised throughout and supplemented by Professor F. H. Lawson, Fellow of Brasenose College and Professor of Comparative Law in the University of Oxford, appeared in 1952. This was done at the suggestion of Lord McNair, who read the revised copy. Professor Lawson's work of revision was extensive and touches every part of the book. In 1965 many small corrections were made. The book remains in this edition a 'comparison in outline'. It does not set out to be a comprehensive statement of Roman Law and Common Law comparatively treated, or a comparative study of legal methods. It is concerned rather with the fundamental rules and institutions of the two systems, and examines the independent approaches of the two peoples and their lawyers to the same facts of human life.

Encyclopedic Dictionary of Roman Law

Adolf Berger

Publisher: The Lawbook Exchange, Ltd. (24 Sept. 2014)

ISBN-13: 978-1584771425

Резюме

A comprehensive reference that includes a useful English-Latin law glossary and an extensive bibliography (centered on English-language publications) that covers all of the dictionary's topics. A formidable research tool. Originally published: Philadelphia: The American Philosophical Society, [1953] (Transactions of the American Philosophical Society; New Series, Volume 43, Part 2, 1953). [ii], 333-808 pp.

The Roman Law of Obligations

Peter Birks, Eric Descheemaeker

Publisher: OUP Oxford (10 July 2014)

ISBN-13: 978-0198719274

Резюме

The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time.

The lectures present a clear conceptual map of the Roman law of obligations, guiding readers through the institutional structure of contract, delict, quasi-contract, and quasi-delict. They introduce readers to the terminology needed to understand the foundations of Roman law, and the conceptual framework of the law of obligations that left an enduring legacy on European private law.

The lectures offer an invaluable introduction to Roman private law for those coming to the subject for the first time. They will also make stimulating reading for academics and lawyers interested in Roman law, European legal history, and the lasting influence of Roman law on modern private law.

A Text-Book of Roman Law: From Augustus to Justinian

W. W. Buckland

Publisher: Cambridge University Press; 1 edition (3 Dec. 2007)

ISBN-13: 978-0521043687

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Roman Law, since its earliest days of the XII Tables, to the Justinian code over one thousand years later, is arguably the most influential body of law ever developed, remaining at the core of European legal systems until the end of the eighteenth century and informing the civil law and (to a lesser extent) the common law to this day. The first edition of Peter Buckland's classic textbook on the subject was published in 1921. Professor Peter Stein's revised third edition published in 1963 updated the original so that it reflected Professor Buckland's own later thoughts on the subject until his death in 1945. This revised edition examines the law of the Empire (or classical law) and also tracks later developments, including the legislation of Justinian. It is primarily concerned with the law but historical developments are also kept in view, so as to give the student the broadest perspective on the subject.

The Digest of Roman Law: Theft, Rapine, Damage, and Insult (Penguin Classics)

Publisher: Penguin Classics; Reprint edition (June 28, 1979)

ISBN-13: 978-0140443431

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Textbook on Roman Law

Andrew Borowski

Publisher: Blackstone Press; 2 edition (September 26, 2002)

ISBN-13: 978-1854316424

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The book provides students with an exposition of Roman civil law and procedure, setting the law in the context of the history of Rome and keeping the use of Latin phrases to a minimum. A major feature of the book is the use of texts from the ultimate source of Roman law, the "Digest of Justinian".
The texts serve to illustrate the law and to make it more vivid for the reader. Emphasis is placed on the influence of Roman law on the modern world and more extensive reference to the fruits of Roman law scholarship.

Roman Law in Context (Key Themes in Ancient History)

David Johnson

Publisher: Cambridge University Press (September 28, 1999)

ISBN-13: 978-0521630467

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This book explains the rules of Roman law in the light of the society and economy in which it operated. The main topics discussed are the family and inheritance, property and the use of land, commercial transactions and the management of businesses, litigation and how easily the Roman citizen could assert his or her legal rights in practice. The book involves a minimum of legal technicality and is intended to be accessible to students and teachers of Roman history.

Roman Law and the Origins of the Civil Law Tradition

George Mousourakis

Publisher: Springer; 2015 edition (December 3, 2014)

ISBN-13: 978-3319122670

Резюме

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history.

Public Lands and Agrarian Laws of The Roman Republic

Andrew Stephenson

Publisher: Echo Library (October 12, 2006)

ISBN-13: 978-1406830347

Резюме

The history of the domain lands of Rome from the earliest times to the establishment of the Empire.

Women in Roman Law and Society (Midland Book)

Jane F.Gardner

Publisher: Indiana University Press; First edition (1986)

ISBN-13: 978-0253366092

Резюме

"The book meets the highest standards of scholarly rigor, and treatment of disputed issues is informative without being esoteric. An excellent general survey and introduction." —Choice

"... will be enormously useful for those interested in teaching courses on Roman women or Roman law." —The Classical Outlook

Law and Power in the Making of the Roman Commonwealth

Luigi Colognesi Capogrossi

Publisher: Cambridge University Press; Tra edition (November 17, 2014)

ISBN-13: 978-1107071971

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With a broad chronological sweep, this book provides an historical account of Roman law and legal institutions which explains how they were created and modified in relation to political developments and changes in power relations. It underlines the constant tension between two central aspects of Roman politics: the aristocratic nature of the system of government, and the drive for increased popular participation in decision-making and the exercise of power. The traditional balance of power underwent a radical transformation under Augustus, with new processes of integration and social mobility brought into play. Professor Capogrossi Colognesi brings into sharp relief the deeply political nature of the role of Roman juridical science as an expression of aristocratic politics and discusses the imperial jurists' fundamental contribution to the production of an outline theory of sovereignty and legality which would constitute, together with Justinian's gathering of Roman legal knowledge, the most substantial legacy of Rome.

Law and Life of Rome, 90 B.C.-A.D. 212 (Aspects of Greek and Roman Life)

J.A.Crook

Publisher: Cornell University Press; 1 edition (June 28, 1984)

ISBN-13: 978-0801492730

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Women and the Law in the Roman Empire: A Sourcebook on Marriage, Divorce and Widowhood (Routledge Sourcebooks for the Ancient World)

Judith Evans Grubs

Publisher: Routledge (August 4, 2002)

ISBN-13: 978-0415152419

Резюме

It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.

The Institutes of Justinian

John B.Moyle

Publisher: The Lawbook Exchange, Ltd. (January 18, 2002)

ISBN-13: 978-1584771852

Резюме

Moyle, J.B. The Institutes of Justinian. Translated into English with an Index. Fifth Edition. Oxford: Clarendon Press, 1913. viii, 220 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041401. An English translation, with a thorough index, of Justinian's Institutes. After assuming the throne of the East Roman or Byzantine Empire in 527, Justinian (Favius Petrus Sabbatius Justinianus) [A.D. 483-565] sought to revise the most important legal writings of the original republic and empire, including the body of laws that had accumulated during the last 300 years. His revision of the Institutes of Gaius [c.A.D. 115-c.180] is perhaps the most significant volume to emerge from this program. Written around A.D. 161, it is an elementary treatise on Roman private law that served as a standard text for 300 years. Justinian's revision brought the original up to date while maintaining its qualities of clear exposition and perspicuous judgment. It was later combined with three other revisions, the Digest, Code, and Novels to form the Corpus Juris Civilis, a profound influence on European law from the tenth century onwards. Walker, The Oxford Companion to Law 511, 696.

Roman Law in Mediaeval Europe

Paul Vinogradoff

Publisher: Kessinger Publishing, LLC (September 20, 2004)

ISBN-13: 978-1417949090

Резюме

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Roman Civil Law: Including The Twelve Tables, The Institutes of Gaius, The Rules of Ulpian & The Opinions of Paulus

Samuel P.Scott

Publisher: CreateSpace Independent Publishing Platform (June 27, 2014)

ISBN-13: 978-1500237547

Резюме

Description: The Laws of the Twelve Tables; The Institutes of Gaius; Fragments of the Rules of Ulpian; and The Opinions of Paulus Synopsis: This edition of ROMAN CIVIL LAW, derived from S.P. Scott's monumental 17 volume work, THE CIVIL LAW (Central Trust Co., 1932) is a compilation of Roman laws spanning eight centuries beginning with the earliest organized body of laws known to the Romans, THE TWELVE TABLES (449 B.C.), and concluding with the surviving works of three of the five most important jurists of the second and third centuries A.D., GAIUS, ULPIAN and PAULUS. The Laws of the Twelve Tables formed the centerpiece of the constitution of the Roman Republic and the core of the mos maiorum. The Twelve Tables were literally drawn up on twelve ivory or brass tablets which were posted in the Forum Romanum so that all Romans could read and know them. They did not survive antiquity. What we have of them today are brief excerpts and quotations in other authors. Gaius (floruit AD 130-180) was a celebrated Roman jurist during the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His INSTITUTES are a complete exposition of the elements of ancient Roman law and for this reason are most valuable to the historian of early institutions. Domitius Ulpianus (died 228), a Roman jurist of Tyrian ancestry wrote in the period between AD 211 and 222. FRAGMENTS of his works survive. As an author he is characterized by doctrinal exposition of a high order, judiciousness of criticism, and lucidity of arrangement, style and language. Julius Paulus (second century AD), also known as Paulus or Paul, was an influential Roman jurist whose OPINIONS feature prominently in Justinian's DIGEST. The Emperor Valentinian II (371-392), a Western Roman Emperor between the years 375-392, names Paulus in the Law of Citations, along with Gaius, Papinian, Ulpian and Modestinus, as one of only five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became the most important reference point for all subsequent legal decisions and profoundly affected the course of European and American law from antiquity to the present. This edition includes S.P. Scott's complete introduction to his 17 volume work, THE CIVIL LAW, all of his critical notes and a lengthy index. THIS IS NOT A HASTILY ASSEMBLED SCAN OR "FACSIMILE EDITION" OF THIS WORK. EVERY LETTER AND WORD OF THE ORIGINAL HAS BEEN RESET AND CAREFULLY PROOFED FOR ACCURACY.

Roman Law Of Slavery: The Condition Of The Slave In Private Law From Augustus To Justinian (1908)

W.W.Buckland

Publisher: Kessinger Publishing, LLC (November 21, 2009)

ISBN-13: 978-1120695000

Резюме

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Law and Crime in the Roman World (Key Themes in Ancient History)

Jill Harries

Publisher: Cambridge University Press (December 3, 2007)

ISBN-13: 978-0521535328

Резюме

What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This 2007 book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.

Obligations in Roman Law: Past, Present, and Future (Papers and Monographs of the American Academy in Rome)

Thomas McGinn

Publisher: University of Michigan Press (January 23, 2013)

ISBN-13: 978-0472118434

Резюме

Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law.

Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world.

Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

The Principles of Roman Law and Their Relation to Modern Law

William L.Burdick

Publisher: The Lawbook Exchange, Ltd. (January 13, 2012)

ISBN-13: 978-1616192556

Резюме

This book offers a fine introduction to Roman law and its significance to personal and family law in the English, American and civil-law systems. Contents include "The World Wide Extension of Roman Law," "The Civil Law in the United States and Canada," "Outlines of Roman Law History," "The Corpus Juris Civilis," "The Law of Persons including Marriage, Husband and Wife, Divorce, Parent and Child, Guardian and Ward," "The Law of Property," "The Law of Obligations," "The Law of Succession," "The Law of Actions" and "The Law of Public Wrongs." "The book covers the full range of substantive Roman law, as well as the extension of Roman law throughout the modern world and, in particular, the influence of Roman law in the United States and England. Unlike most American legal scholars, Burdick was sufficiently familiar with the primary sources of Roman law, from Cicero to Justinian, to write from them rather than secondary literature and translations. At the same time, he was exceptionally well-versed in English and American case law and able to use these sources to show developments and parallels. It was a scholarly tour-de-force." --Michael H. Hoeflich, University of Kansas Law Review 49 (2000-2001) 1146-1147 William L. Burdick [1860-1946] was a professor of law (1898-1912) and a highly-regarded and popular dean at the University of Kansas School of Law. The William L. Burdick Prize is given annually in his honor. From 1919-1924, at the charge of Congressman E.C. Little of Kansas, he recodified existing U.S. statutes. He was the author of The Elements of the Law of Sale and Property (1901), Handbook of the Law of Real Property (1914), The Bench and Bar of Other Lands (1939) and other works.

Public Land in the Roman Republic: A Social and Economic History of Ager Publicus in Italy, 396-89 BC (Oxford Studies in Roman Society and Law)

Saskia Roselaar

Publisher: Oxford University Press (September 17, 2010)

ISBN-13: 978-0199577231

Резюме

In the first volume in this new series on Roman society and law, Saskia T. Roselaar traces the social and economic history of the ager publicus, or public land. As the Romans conquered Italy during the fourth to first centuries BC, they usually took land away from their defeated enemies and declared this to be the property of the Roman state. This land could be distributed to Roman citizens, but it could also remain in the hands of the state, in which case it was available for general public use. However, in the third and second centuries BC growth in the population of Italy led to an increased demand for land among both commercial producers and small farmers. This in turn led to the gradual privatization of the state-owned land, as those who held it wanted to safeguard their rights to it. Roselaar traces the currents in Roman economy and demography which led to these developments.

The Law of Obligations: Roman Foundations of the Civilian Tradition

Reinchard Zimmermann

Oxford University Press; Reprint edition (September 26, 1996)

ISBN-13: 978-0198764267

Резюме

This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of Europe. Not merely a work of Roman legal scholarship, it is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations.

Roman Military Law

C.E.Brand

Publisher: University of Texas Press (November 15, 2011)

ISBN-13: 978-0292742246

Резюме

Rome was the law-giver for much of the modern world. She was also the greatest military power of antiquity, operating her military organization with remarkable efficiency and effectiveness throughout most of the then-known world. In view of the importance of both the legal and military aspects of the Roman Empire, an account of their combination in a system of disciplinary control for the Roman armies is of considerable significance to historians in both fields—and, in fact, to scholars in general. In Roman Military Law, C. E. Brand describes this system of control.

Since a characterization of such a system can be made most meaningful only against a background of Roman constitutional government and in the light of ideologies current at the time, Brand follows his initial "Note on Sources" with a sketch of the contemporary Roman scene. This first section includes a discussion of the Roman constitution and an examination of Roman criminal law.

The history of Rome, as a republic, principate, and empire, extended over a period of a thousand years, so any attempt to represent a generalized picture must be essentially a matter of extraction and condensation from the voluminous literature of the whole era. Nevertheless, from the fantastic evolution that is the history of Rome, Brand has been able to construct a more or less static historical mosaic that may be considered typically "Roman." This comes into sharpest focus during the period of the Punic Wars, when the city and its people were most intensely Roman. The picture of the Roman armies is set into this basic framework, in chapters dealing with military organization, disciplinary organization, religion and discipline, and offenses and punishments.

The final section of the book considers briefly the vast changes in Roman institutions that came about under the armies of the Empire, and then concludes with the Latin text and an English translation of the only known code of Roman military justice, promulgated sometime during the later Empire, preserved in Byzantine literature, and handed down to medieval times in Latin translations of Byzantine Greek law, which it has heretofore been confused.

Prostitution, Sexuality, and the Law in Ancient Rome

Thomas A. J. McGinn

Publisher: Oxford University Press; 2 edition (January 30, 2003)

ISBN-13: 978-0195161328

Резюме

This is a study of the legal rules affecting the practice of female prostitution at Rome approximately from 200 B.C. to A.D. 250. It examines the formation and precise content of the legal norms developed for prostitution and those engaged in this profession, with close attention to their social context. McGinn's unique study explores the "fit" between the law-system and the socio-economic reality while shedding light on important questions concerning marginal groups, marriage, sexual behavior, the family, slavery, and citizen status, particularly that of women.

The Roman Guide to Slave Management: A Treatise by Nobleman Marcus Sidonius Falx

Dr Jerry Toner

Publisher: Overlook Books (September 4, 2014)

ISBN-13: 978-1468309379

Резюме

Marcus Sidonius Falx is an average Roman citizen. Born of a relatively well-off noble family, he lives on a palatial estate in Campania, dines with senators and generals, and, like all of his ancestors before him, owns countless slaves. Having spent most of his life managing his servants—many of them prisoners from Rome's military conquests—he decided to write a kind of owner's manual for his friends and countrymen.

The result, The Roman Guide to Slave Management, is a sly, subversive guide to the realities of servitude in ancient Rome. Cambridge scholar Jerry Toner uses Falx, his fictional but true-to-life creation, to describe where and how to Romans bought slaves, how they could tell an obedient worker from a troublemaker, and even how the ruling class reacted to the inevitable slave revolts. Toner also adds commentary throughout, analyzing the callous words and casual brutality of Falx and his compatriots and putting it all in context for the modern reader.

Written with a deep knowledge of ancient culture—and the depths of its cruelty—this is the Roman Empire as you've never seen it before.

The Material Life of Roman Slaves

Sandra R.Joshel

Publisher: Cambridge University Press (September 30, 2014)

ISBN-13: 978-0521191647

Резюме

The Material Life of Roman Slaves is a major contribution to scholarly debates on the archaeology of Roman slavery. Rather than regarding slaves as irretrievable in archaeological remains, the book takes the archaeological record as a key form of evidence for reconstructing slaves' lives and experiences. Interweaving literature, law, and material evidence, the book searches for ways to see slaves in the various contexts - to make them visible where evidence tells us they were in fact present. Part of this project involves understanding how slaves seem irretrievable in the archaeological record and how they are often actively, if unwittingly, left out of guidebooks and scholarly literature. Individual chapters explore the dichotomy between visibility and invisibility and between appearance and disappearance in four physical and social locations - urban houses, city streets and neighborhoods, workshops, and villas.