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.
Being Loved and Being Taught to Love as the First Human Right
Author: Timothy P. Jackson
Publisher: Wm. B. Eerdmans Publishing
Category: Family & Relationships
Much has been written about the rights owed to children: the right to live, the right to be nurtured and cared for, the right to an ample measure of health and happiness and, especially, the right to be loved. Here, twenty scholars from across sociological, psychological, historical, philosophical, theological, and legal disciplines argue that the right of children to be loved can best be fulfilled by teaching them how to love others. The Best Love of the Child explores and celebrates many aspects of family, culture, religion, and society and fosters a more nuanced understanding of that love which is truly at the heart of a child s best interest: love that flows freely not only to children but also from children.
Author: Girard M. Sherba
Category: Family & Relationships
Before Vatican II, marriage was often considered, or at least popularly expressed, as a union of bodies; that is to say, marriage was an exclusive contract by which a man and a woman mutually handed over their bodies for the purpose of acts which led to the procreation of children. Matrimonial jurisprudence was primarily focused on this marital contract. With the advent of Vatican II and its emphasis on the personalist notion of marriage, a new age dawned whereby canonists, especially auditors of the Roman Rota, were henceforth to view marriage as a union of persons. "Person" is more than a "body"; rather, a person is an individual consisting of wants, needs, desires, impulses, hopes and dreams, whose life experience has been shaped by the milieu "cultural, familial, religious" from which he or she comes. "Union" is not only simply understood as a "contract", but also is now once again recognized as a "covenant", a concept which, at least in the Latin Church, was prevalent until the 12th century.
With Selected Annotations
Author: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
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.
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: Alan Watson
Publisher: University of Georgia Press
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.
Principles and Norms Applicable in Transnational Disputes
Author: Center for International Legal Education University of Pittsburgh School of Law,Luke A. Sobota
Publisher: Oxford University Press
Category: Due process of law
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
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.