羅馬共和國早期“訴”與實體法的形成

LegalActions and the Development of Substantive Law in the Early Roman Republic

梅因及其追隨者提出的關於“實體法起源於程式法”的觀點不符合十二表法時代及其後的羅馬法和訴訟程式的事實。梅因所提若干依據，其真實性值得懷疑。羅馬法的“訴”不是實體法的主要來源。

For Roman law, the view put forward by Maine and its follows that in early times substantive law really develops from procedure is not justified by the argument produced for it; that the supposed facts behind the argument are doubtful; that the law of Action is such that substantive law could not develop from it to any significant extent.