Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 8375

Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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Author: Jean Domat

Publisher: N.A

ISBN: N.A

Category: Civil law

Page: N.A

View: 9280

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Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 5490

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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 0820330612

Category: Law

Page: 241

View: 8137

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
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The Politics, Practices, and Poetics of Mobile Media

Author: Barbara A. Crow,Kim Sawchuk,Michael Longford

Publisher: University of Toronto Press

ISBN: 0802098932

Category: History

Page: 228

View: 3877

Bringing together visual artists, designers, activists, and communication and humanities scholars to reflect on mobile media, this collection investigates these new forms of community and communication practices as they are emerging in Canada and around the world and asks how this new technology transfigures subjectivities. creating new forms of social behaviour and provocative aesthetic practices. The essays in The Wireless Spectrum range from discussions of the historical antecedents of wireless communication, users and the changing dynamics of public and private space, to the issues of access and local engagement. --Book Jacket.
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A Critical Edition and Translation of De Armis Romanis

Author: Alberico Gentili,Benedict Kingsbury,Benjamin Straumann,David Lupher

Publisher: Oxford University Press on Demand

ISBN: 0199600511

Category: History

Page: 388

View: 1891

"A project of the Institute for International Law and Justice at New York University School of Law"
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Author: Olga Tellegen-Couperus

Publisher: BRILL

ISBN: 9004218505

Category: History

Page: 229

View: 4275

Drawing on epigraphic, legal, literary, and numismatic sources, this book reveals how, in the Roman Republic, law and religion interacted to serve the same purpose, the continued growth and consolidation of Rome’s power.
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Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 0521643724

Category: History

Page: 137

View: 6571

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.
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Its Origin, Sources, Nature, and Development, and what the State of New York Has Done to Improve Upon it

Author: Charles Patrick Daly

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 71

View: 4498

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Legal, Historical and Philosophical Perspectives

Author: Amanda Perreau-Saussine,James B. Murphy

Publisher: Cambridge University Press

ISBN: 1139463217

Category: Law

Page: N.A

View: 9587

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
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Public Law and the State 1100-1322

Author: Gaines Post

Publisher: Princeton University Press

ISBN: 1400879981

Category: History

Page: 650

View: 8313

This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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Author: John Hurd

Publisher: Applewood Books

ISBN: 1429015179

Category: History

Page: 668

View: 3157

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School Libraryocm18606066Boston: Little, Brown, 1858-1862. 2 v.; 23 cm.
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Author: N. M. Korkunov,W. G. Hastings

Publisher: Beard Books

ISBN: 9781587980442

Category: Law

Page: 524

View: 4369

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Author: Thomas Wood

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584776870

Category: History

Page: 414

View: 9118

Reprint of the third edition. It was common during the eighteenth century to promote the study of Roman and comparative law for its liberalizing effect on the student of the common law. Wood's New Institute was the best attempt to promote this goal. It went through four editions in 1704, 1712, 1721 and 1730 and was the standard Anglo-American treatise of the eighteenth and early nineteenth centuries and a well-thumbed reference for jurists who wished to add an element of civilian learning to their work, such as Joseph Story. Wood also considers its role as an auxiliary to English law. As the title suggests, it is not only a summary of Roman law adapted to the needs of students of English law, but also a pioneering essay in comparative law. Wood pays some attention as well to Roman law's influence on the historical development of English law. Indeed, he observes that "Fleta and Bracton would look very naked if every Roman lawyer should pluck away his [sic] feathers" (ix).
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Enlightenment Origins of the Political

Author: David William Bates

Publisher: Columbia University Press

ISBN: 0231528663

Category: Political Science

Page: 272

View: 1231

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.
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