The Laws of Late Medieval Italy (1000-1500) PDF Download
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Author: Mario Ascheri
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
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Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Author: Mario Ascheri
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
Get Book Here
Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Author: Giuseppe Franco Ferrari
Publisher: Giuffrè Editore
ISBN: 8814143889
Category : Law
Languages : en
Pages : 290
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Book Description
Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 0191648183
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.
Author: Vittoria Barsotti
Publisher: Oxford University Press
ISBN: 0190214554
Category : Law
Languages : en
Pages : 329
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Book Description
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
Author: Elisabeth Zoller
Publisher: Martinus Nijhoff Publishers
ISBN: 9047440471
Category : Law
Languages : en
Pages : 304
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Book Description
Introduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.
Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0191039829
Category : Reference
Languages : en
Pages : 705
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Book Description
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Author: Benedict Kingsbury
Publisher: Oxford University Press on Demand
ISBN: 0199599874
Category : History
Languages : en
Pages : 397
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Book Description
This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Author: Fouad Sabry
Publisher: One Billion Knowledgeable
ISBN:
Category : Political Science
Languages : en
Pages : 392
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Book Description
In today's complex world, understanding the legal frameworks that govern our societies is essential. "Public Law," part of the "Political Science" series, provides a comprehensive analysis of the principles and structures shaping governmental power, constitutional integrity, and the judiciary's role in democratic governance globally. This book is a vital resource for deepening your knowledge of public law and its societal impact. Chapter Summaries: 1. Public Law - Foundational concepts, scope, significance, and distinction from private law. 2. Comparative Law - How different legal systems address similar issues and the benefits of comparative perspectives. 3. Separation of Powers - Ensuring no single branch of government holds excessive power through checks and balances. 4. Sovereignty - The concept's evolution and implications for national and international law. 5. Legal History - The historical development of legal systems and principles. 6. Civil Law (Legal System) - Origins and influence of the civil law tradition on global legal systems. 7. International Law - Rules and principles governing relations between nations. 8. Law - Law as a system of rules maintaining societal order. 9. Legal Relationship - How laws regulate interactions between individuals and entities. 10. Lex Regia (Imperial) - Historical concept of imperial law's impact on modern systems. 11. Roman Law - Foundations and lasting influence on contemporary legal doctrines. 12. Montesquieu - Contributions to legal theory, especially separation of powers. 13. Private Law - Regulation of relationships between private individuals. 14. The Spirit of Law - Insights from Montesquieu's seminal work on law and governance. 15. Law of France - Characteristics and historical development of the French legal system. 16. Body Politic - Concept and significance in political and legal theory. 17. Lex Animata - Notion of living law in modern contexts. 18. Institutes (Gaius) - Cornerstone of Roman legal education and practice. 19. Law School of Berytus - Historical significance in legal education development. 20. Law of Italy - Insights into the Italian legal system and its influences. 21. Code of Justinian - Compilation of Roman law under Emperor Justinian and its lasting impact. "Public Law" is an invaluable resource for professionals, students, and anyone passionate about understanding the legal structures underpinning democratic governance, offering in-depth insights for those seeking to expand their knowledge beyond the basics.
Author:
Publisher: Routledge
ISBN: 1135393214
Category :
Languages : en
Pages : 310
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Book Description
Author: Andrew S. Gold
Publisher: Oxford University Press, USA
ISBN: 0190919663
Category : Law
Languages : en
Pages : 640
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Book Description
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
