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Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Category : Political Science
Languages : en
Pages : 306
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Book Description
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Category : Political Science
Languages : en
Pages : 306
Get Book Here
Book Description
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Justinian I (Emperor of the East)
Publisher:
ISBN:
Category :
Languages : en
Pages : 680
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Book Description
Author: Thomas Collett Sandars
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 688
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Book Description
Author: Thomas Collett Sandars
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777265
Category : Roman law
Languages : en
Pages : 686
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Book Description
Reprint of the seventh and final edition of one of the finest translations of the Institutes. The work includes Latin and English text with English commentary. Commissioned by the Emperor Justinian in 530 CE, it restated all existing Roman law. Rediscovered during the late middle ages, it has been the central textbook of Roman law ever since.
Author:
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 682
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Book Description
Author: Thomas Sandars
Publisher: BoD – Books on Demand
ISBN: 3368826883
Category : Fiction
Languages : en
Pages : 717
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Book Description
Reprint of the original, first published in 1874.
Author: Justinian I (Emperor of the East)
Publisher:
ISBN:
Category : Institutiones
Languages : en
Pages : 652
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Book Description
Author: George Mousourakis
Publisher: Springer
ISBN: 3319122681
Category : Law
Languages : en
Pages : 339
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Book Description
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:
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 242
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Book Description
Author: Prince Saprai
Publisher: Oxford University Press
ISBN: 019108459X
Category : Law
Languages : en
Pages : 438
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Book Description
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
