Argument from Roman Law in Political Thought, 1200-1600 PDF Download
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Author: Myron Piper Gilmore
Publisher:
ISBN:
Category : Humanists
Languages : en
Pages : 168
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Book Description
Author: Myron Piper Gilmore
Publisher:
ISBN:
Category : Humanists
Languages : en
Pages : 168
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Book Description
Author: Myron P. Gilmore
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Myron Piper Gilmore
Publisher:
ISBN:
Category :
Languages : en
Pages : 148
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Book Description
Author: Myron Piper Gilmore
Publisher:
ISBN:
Category : Political science
Languages : en
Pages :
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Book Description
Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9780521643795
Category : History
Languages : en
Pages : 152
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Book Description
How Roman law has influenced European legal and political thought from antiquity to the present day.
Author: J. C. D. Clark
Publisher: Cambridge University Press
ISBN: 9780521449571
Category : History
Languages : en
Pages : 428
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Book Description
This book creates a new framework for the political and intellectual relations between the British Isles and America in a momentous period which witnessed the formation of modern states on both sides of the Atlantic and the extinction of an Anglican, aristocratic and monarchical order. Jonathan Clark integrates evidence from law and religion to reveal how the dynamics of early modern societies were essentially denominational. In a study of British and American discourse, he shows how rival conceptions of liberty were expressed in the conflicts created by Protestant dissent's hostility to an Anglican hegemony. The book argues that this model provides a key to collective acts of resistance to the established order throughout the period. The book's final section focuses on the defining episode for British and American history, and shows the way in which the American Revolution can be understood as a war of religion.
Author: James Henderson Burns
Publisher: Cambridge University Press
ISBN: 9780521477727
Category : History
Languages : en
Pages : 818
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Book Description
This book, first published in 1992, presents a comprehensive scholarly account of the development of European political thinking through the Renaissance and the reformation to the 'scientific revolution' and political upheavals of the seventeenth century. It is written by a highly distinguished team of contributors.
Author: Benjamin Spagnolo
Publisher: Bloomsbury Publishing
ISBN: 1509938966
Category : Law
Languages : en
Pages : 251
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Book Description
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Author: Aldo Schiavone
Publisher: Routledge
ISBN: 1000469778
Category : History
Languages : en
Pages : 318
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Book Description
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 0191648175
Category : Law
Languages : en
Pages : 528
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Book Description
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.
