Author: William Livesey Burdick
Publisher: The Lawbook Exchange, Ltd.
Burdick, William L. The Principles of Roman Law and Their Relation to Modern Law. Rochester: The Lawyers Co-operative Publishing Co., . xxi, 748 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 20020254946. ISBN 1-58477-253-0. Cloth. $110. * General survey of the principles of Roman law as they have developed over time with respect to their place in civil law, English common law and the American and Canadian legal 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." A solid introduction to the subject of Roman law and its application in personal and family law in subsequent legal systems.
An Historical Introduction
Author: Hans Julius Wolff
Publisher: University of Oklahoma Press
Category: Political Science
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.
A Comparison in Outline
Author: W. W. Buckland,William Warwick Buckland,Arnold D. McNair,Frederick Henry Lawson
Publisher: CUP Archive
This book is concerned with the fundamental rules and institutions of the two systems of Roman Law and Common Law and examines the independent approaches of the two peoples and their lawyers to the same facts of human life.
Entstehung, Eigenart und Überlieferung einer hochklassischen Juristenschrift ; Analyse, Neuedition und deutsche Übersetzung
Author: Martin Avenarius
Publisher: Wallstein Verlag
Die grundlegende Untersuchung des bedeutenden nachklassischen lateinischen Rechtstextes. Der pseudo-ulpianische liber singularis regularum ist einer der wenigen römischen Rechtstexte, die außerhalb der justinianischen Sammlung erhalten sind. Der Text ist in einer einzigen Handschrift überliefert und wurde erstmals 1549 herausgegeben. Es handelt sich um eine Darstellung elementarer Rechtsregeln, die lange Zeit für ein Werk des bedeutenden spätklassischen Juristen Ulpian (um 165 bis 223 n. Chr.) gehalten wurde. Die Überzeugung von der Klassizität des Textes schwand, als der liber singularis seit dem Ende des 19. Jahrhunderts unter dem Einfluß interpolationistischer Vorstellungen als nachklassische Schrift unklarer Autorschaft angesehen wurde, bei der man zudem spätere Veränderungen vermutete. Die Arbeit, der die Methoden der modernen Romanistik zugrundeliegen, läßt den liber singularis regularum in neuem Licht erscheinen. Eingehende Analysen des gesamten Textes zeigen, daß der Text im Jahre 180 n. Chr. oder wenig später niedergeschrieben wurde. Man darf heute zwar tatsächlich davon ausgehen, daß Ulpian nicht der Verfasser ist. Gleichwohl bildet der liber singularis regularum ein wichtiges Dokument der spezifisch klassischen Tradition des römischen Rechts, die in der prokulianischen Rechtsschule gepflegt wurde. Besondere Bedeutung kommt daher dem Vergleich des Textes mit den Institutionen des Gaius zu, der der konkurrierenden, naturrechtlich geprägten Rechtsschule der Sabianianer angehörte.
Author: Mr Kelly M Kapic,Mr Mark Jones
Publisher: Ashgate Publishing, Ltd.
John Owen (1616-1683) is regarded as one of the greatest theologians Britain ever produced. Owen has had an important historical and theological influence, and his significance is widely recognized today. As a revival in Owen studies and reprints has taken place, this much-needed companion by an international group of leading scholars, helpfully explores key questions related to Owen's method, theology, and pastoral practice. Examining his thought through such topics as his epic work on the Holy Spirit, his developed view of faith and reason, and his contribution to the place of toleration, this book offers an authoritative exploration of one of Britain's greatest theologians.
Published under the Auspices of the Max Planck Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt
Author: Yong Zhou
History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties
Author: Markus D Dubber
Publisher: OUP Oxford
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Its Connection with the Early History of Society, and Its Relation to Modern Ideas
Author: Henry Sumner Maine
Publisher: Cambridge University Press
This hugely influential book of 1861 remains a landmark work in the intellectual history of jurisprudence.
Author: George Mousourakis
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.
Author: James Gordley
Publisher: Clarendon Press
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Women and the Law in Early Modern Catalonia
Author: Isabel Pérez Molina
This study analyses the legal condition of women in Catalonia, Spain, in the early modern ages, particularly during the seventeenth and eighteenth centuries, by way of the study of primary legal sources. The legal discourse was conceived as being different for men and women: women were treated as a specific social category, were judicially discriminated against and were given inferior legal personality. Following the moral discourse of the time, jurists classified women as honest and dishonest, and tried to establish a physical and legal barrier to divide the good from the bad. As a result, women were before the law, pawns for male decisions. However, women did not easily comply with the submissive role attributed to them and, as civil lawsuits show, often they used the law that discriminated them in their own benefit.
A Study of A Disquisition on Government
Author: Guy Story Brown
Publisher: Mercer University Press
Category: Political Science
John C. Calhoun's A Disquisition on Government has been hailed since its publication in 1851 as a classic in political science and has been called the greatest work of American political theory. Guy Story Brown's Calhoun's Philosophy of Politics is the first comprehensive explication de texte of Calhoun's great work on political theory. This traditional textual analysis places Calhoun's theory within the broader context of the political philosophy he himself studied, from Aristotle to Bacon and the moderns on up to Rousseau and the Federalists. It also pays close attention to Calhoun's literary models, such as Livy. The result is the definitive interpretation of Calhoun's political philosophy and theory. This book makes Calhoun's philosophy accessible to contemporary thinkers and shows what Calhoun thought about issues such as world government. Topics discussed in Calhoun's Philosophy of Politics include nature and political science, empire and world government, political science and government, and political science and human progress.
A Historical and Comparative Study
Author: Emanuel van Dongen
Publisher: Martinus Nijhoff Publishers
In Contributory Negligence, Emanuel van Dongen gives an overview of the historical development of the effect of contributory negligence on delictual liability, from Antiquity until today.