From the Early Middle Ages to the Twentieth Century

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

ISBN: 1107180694

Category: History

Page: 820

View: 9331

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

An Introduction

Author: Bart Wauters,Marco de Benito

Publisher: Edward Elgar Publishing

ISBN: 1786430762

Category:

Page: 200

View: 6970

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Read More

With Particular Reference to Germany

Author: Franz Wieacker

Publisher: Oxford University Press

ISBN: 0198258615

Category: Law

Page: 509

View: 2691

In this book Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. He begins in the High Middle Ages and describes how the Glossators laid down the foundations by applying methodical criticism and exegesis to the Digest of Justinian. As Reinhard Zimmermann's foreword shows, Wieacker's way of telling the history of European legal thought from its origins in medieval Bologna down to the present day and of elucidating the intellectual conditions for its development is a stunning achievement. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time: between Scholasticism and medieval legal science, between the enlightenment and the Law of Reason, between Classicism (and Romanticism) and Savigny's Historical School of Law. It is hardly surprising that so ambitious and erudite a work should have become a classic since 1952, when it was first published in German. Now Tony Weir's brilliant translation makes the seond and final edition accessible to English-speaking scholars the world over.
Read More

Author: Paolo Grossi

Publisher: John Wiley & Sons

ISBN: 9781444319255

Category: History

Page: 224

View: 8199

This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals
Read More

Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 9780521643795

Category: History

Page: 137

View: 4818

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

Seven Lessons

Author: Spyridon Flogaitis

Publisher: Bloomsbury Publishing

ISBN: 1782255265

Category: Law

Page: 172

View: 3660

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.
Read More

The Last Two and a Half Millennia

Author: Tamar Herzog

Publisher: Harvard University Press

ISBN: 0674981758

Category: History

Page: 250

View: 9154

Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law’s fragile malleability.
Read More

Author: John Griffiths,Heleen Weyers,Maurice Adams

Publisher: Bloomsbury Publishing

ISBN: 1847314309

Category: Law

Page: 648

View: 5765

This book is a successor to J Griffiths, A Bood and H Weyers, Euthanasia and Law in the Netherlands (Amsterdam University Press 1998) which was widely praised for its thoroughness, clarity, and accuracy. The new book emphasises recent legal developments and new research, and has been expanded to include a full treatment of Belgium, where since 2002 euthanasia has also become legal. The book also includes descriptions written by local specialists of the legal situation and what is known about actual practice in a number of other European countries (England and Wales, France, Italy, Scandinavia, Spain, Switzerland). The book strives for as complete and dispassionate a description of the situation as possible. It covers in detail: - the substantive law applicable to euthanasia, physician-assisted suicide, withholding and withdrawing treatment, use of pain relief in potentially lethal doses, palliative and terminal sedation, and termination of life without a request (in particular in the case of newborn babies); -the process of legal development that has led to the current state of the law; -the system of legal control and its operation in practice; -the results of empirical research concerning actual medical practice. A concluding part deals with some general questions that arise out of the material presented: Is the legalisation of euthanasia an example of the decline of law or should it, on the contrary, be seen as part and parcel of the increasing juridification of the doctor-patient relationship? Does the Dutch experience with legalised euthanasia support the idea of a 'slippery slope' toward a situation in which life-especially of the more vulnerable members of society-is less effectively protected? Is it possible to explain and to predict when a society will decide to legalise euthanasia?
Read More

From a Common Concept to Mechanisms of Implementation

Author: Werner Schroeder

Publisher: Bloomsbury Publishing

ISBN: 1849469504

Category: Law

Page: 320

View: 929

Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
Read More

The Internal Dimension

Author: Theodore Konstadinides

Publisher: Bloomsbury Publishing

ISBN: 1509916547

Category: Law

Page: 200

View: 5406

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.
Read More

Author: Guido Comparato

Publisher: Bloomsbury Publishing

ISBN: 1782253866

Category: Law

Page: 312

View: 1675

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
Read More

Unity and Diversity Over Two Millennia

Author: R. C. van Caenegem

Publisher: Cambridge University Press

ISBN: 9780521006484

Category: History

Page: 175

View: 3088

R. C. van Caenegem considers the historical reasons behind European legal diversity.
Read More

When West Meets East

Author: Pär-Anders Granhag,Ray Bull,Alla Shaboltas,Elena Dozortseva

Publisher: CRC Press

ISBN: 1315317028

Category: Law

Page: 313

View: 3392

Offering carefully curated articles from the European Association of Psychology and Law (EAPL), this book features chapters from a truly international group of scholars. This text is the first of its kind to offer insights into current developments in psychology and law in Russia. The field of psychology and law has a very long and strong tradition in Russia, but very little is known, as Russian scholars rarely publish their works in English. The volume also contains state-of-the-art chapters on topics at the very core of psychology and law, including offender profiling, lie detection, crime linking, false memories, and witness interviewing. Features Provides rare insight into Russian history of forensic and criminal psychology Covers core topics in the discipline Offers international scope from a diverse array of contributors ? Psychology and Law in Europe: When West Meets East is a text of interest for students of psychology, law, or criminal justice, as well as scholars and practitioners in the field. This text offers a window into global advances in psychology and law.
Read More

Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 6575

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

The Making of an International Rule of Law in Europe

Author: Karen J. Alter

Publisher: Oxford University Press on Demand

ISBN: 9780199260997

Category: Law

Page: 258

View: 501

How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty.
Read More

Protecting Prometheus

Author: David J. Gerber

Publisher: Oxford University Press

ISBN: 9780198262855

Category: Law

Page: 472

View: 3962

Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. National competition laws have long helped shape the relationship between government and the economy, and their influence has grown dramatically during the last decade. Competition law has also played a key role in the process of European integration, and is likely to do so in the future. Yet, despite its importance,images of European experience with competition law often remain vague and are sometimes dangerously distorted. This book examines that experience, analysing the dynamics of European competition law systems, revealing their impacts and assessing the political and economic issues they raise.
Read More

State Violence in Contemporary Europe

Author: Eddie Bruce-Jones

Publisher: Routledge

ISBN: 1317233271

Category: Law

Page: 210

View: 5330

Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.
Read More

Law and Geography in European Empires, 1400–1900

Author: Lauren Benton

Publisher: Cambridge University Press

ISBN: 1107782716

Category: History

Page: N.A

View: 4631

A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
Read More

A Comparative Introduction

Author: Norman Doe

Publisher: Oxford University Press

ISBN: 0199604010

Category: Law

Page: 306

View: 5962

The first comparative introduction for students on the national laws governing religion in Europe, it examines national laws, particularly as they affect the attitudes of states towards religion, religious freedom and discrimination, and the legal position and autonomy of religious organizations.
Read More

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

ISBN: 1847314945

Category: Law

Page: 366

View: 8936

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Read More