Author: Ditlev Tamm

Publisher: Djoef Pub

ISBN: 9788757418330

Category: History

Page: 277

View: 3035

What does Roman law offer today? This text gives an introduction to basic institutions of Roman law and a survey of European legal history from the fall of the Roman Empire up to the present day.
Read More

Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 9780521643795

Category: History

Page: 137

View: 4933

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.
Read More

Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 6643

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. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Read More

A Cultural and Political Perspective

Author: Randall Lesaffer,Jan Arriens

Publisher: Cambridge University Press

ISBN: 0521877989

Category: History

Page: 549

View: 8895

This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
Read More

Author: Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey

Publisher: Oxford University Press

ISBN: 0191088374

Category: Law

Page: 1264

View: 6328

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Read More

From the Early Middle Ages to the Twentieth Century

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

ISBN: 1107180694

Category: History

Page: 820

View: 6479

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Read More

Author: Peter Birks

Publisher: OUP Oxford

ISBN: 0191030007

Category: Law

Page: 300

View: 8559

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 in paperback 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.
Read More

Chapters in European Legal History

Author: R. C. Caenegem

Publisher: Cambridge University Press

ISBN: 9780521438179

Category: Law

Page: 205

View: 1164

In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.
Read More

Author: Mark Godfrey

Publisher: Cambridge University Press

ISBN: 131648338X

Category: History

Page: 343

View: 3921

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.
Read More

Approaches in Roman Law and Common Law

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004262202

Category: Law

Page: 230

View: 6002

In Law & Equity, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law?
Read More

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 3005

Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
Read More

Author: Dawid Bunikowski

Publisher: Cambridge Scholars Publishing

ISBN: 1443862576

Category:

Page: 235

View: 975

This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.
Read More

Author: Kaius Tuori,Heta Björklund

Publisher: Bloomsbury Academic

ISBN: 9781350058736

Category: History

Page: 320

View: 819

Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.
Read More

An Historical Introduction

Author: Hans Julius Wolff

Publisher: University of Oklahoma Press

ISBN: 9780806112961

Category: Political Science

Page: 260

View: 1012

One of the great and lasting influences on the course of Western culture, Roman law occupies a unique place in the history of the civilized world. Originally the law of a small rural community, then of a powerful city-state, it became the law of an empire which embraced almost all of the known civilized world. The influence of Roman law extends into modern times and is reflected in the great codifications of private law that have come into existence in Europe, America, and Asia. Even now, Roman law in modified form is the law of the land in Scotland, and the civil code of Louisiana is directly based on Roman law. Forming an important part in the historical and intellectual background of understanding and a basis for further development of the principles of international jurisprudence. In this book an international authority on Roman legal history sets forth in clear, understandable English the institutions of Roman law and traces their development through the Byzantine Empire into medieval and modern Europe. It is an indispensable study for every American lawyer and for anyone interesting in legal and political history.
Read More

Sources and Institutions

Author: O. F. Robinson,T. D. Fergus,William M. Gordon

Publisher: Oxford University Press

ISBN: 9780406913609

Category: Law

Page: 385

View: 8894

This much appreciated work traces the development and absorption of Roman Law into western European systems, the nature and practice of feudalism and customary law, and the growth of the canon law. The focus of the book gravitates naturally towards the heart of Europe, the Italian peninsular, France and Germany, but attention is also paid to the evolution of the Scottish and English systems.
Read More

Non-legislative Codifications in Historical and Comparative Perspective

Author: Nils Jansen

Publisher: Oxford University Press, USA

ISBN: 0199588767

Category: Law

Page: 175

View: 4101

From 'Justinian's Institutes' and 'Blackstone's Commentaries' to modern examples such as the 'American Law Institute's Restatements', this book offers the first comparative analysis of non-legislative codifications.
Read More

Anglo-American Law and Canon Law: Canonical Roots of the Common Law Tradition

Author: Javier Martínez-Torrón

Publisher: Duncker & Humblot

ISBN: 9783428494149

Category: Law

Page: 208

View: 3602

Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.
Read More

Roman Legal Heritage in European Culture

Author: Laurent Waelkens

Publisher: Leuven University Press

ISBN: 9462700540

Category: Law

Page: 424

View: 9345

Introduction to the history of Roman law and its institutions Throughout its history, Europe has been influenced by Roman culture, a culture with a strong sense of society and highly legal-minded. Hence, Roman law is of major importance in European thinking. It was the first subject to be taught at university and it remains tightly interwoven with all layers of European civilisation. This book provides an introduction to the history of Roman law and its institutions, as they developed from Antiquity until the nineteenth century. Concepts such as fundamental rights and freedoms, lawsuits, family law, rightsin rem, and obligations have their origins in classical Antiquity and were developed further throughout European history. The historical processing of our Roman legal heritage is treated from the perspective of comparative legal history. The book is written for undergraduate law students, but is also relevant for scholars from other disciplines.
Read More

Comparative Legal History

Author: Marie Seong-Hak Kim

Publisher: Cambridge University Press

ISBN: 110700697X

Category: History

Page: 349

View: 6036

Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Read More