Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century PDF Download
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Author: Michael H. Hoeflich
Publisher: University of Georgia Press
ISBN: 0820318396
Category : Law
Languages : en
Pages : 221
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Book Description
Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
Author: Michael H. Hoeflich
Publisher: University of Georgia Press
ISBN: 0820318396
Category : Law
Languages : en
Pages : 221
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Book Description
Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
Author: Roscoe Pound
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 256
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Book Description
Author: Roscoe Pound
Publisher: Transaction Publishers
ISBN: 9781412839112
Category : Law
Languages : en
Pages : 290
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Book Description
The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
Author: Roscoe Pound
Publisher:
ISBN:
Category :
Languages : en
Pages : 32
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Book Description
Author: Charles Phineas Sherman
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 480
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Book Description
Author: Michael H. Hoeflich
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193430
Category : Lawyers
Languages : en
Pages : 0
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Book Description
The prominence of law and lawyers in popular culture is shown in the wealth of late-nineteenth to mid-twentieth century postcards and ephemera collected in this book. From humorous cards depicting love, divorce, drinking and cute animals and children in legal garb to serious depictions of women lawyers, courthouses and law firm libraries, they are a rich source for understanding popular opinions of lawyers, the courts, and the law. MICHAEL H. HOEFLICH is the John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Sources of the History of the American Law of Lawyering (published by The Lawbook Exchange, Ltd., 2007) and Legal Publishing in Antebellum America (2010).
Author: Javier Martínez-Torrón
Publisher: Duncker & Humblot
ISBN: 9783428494149
Category : Law
Languages : en
Pages : 212
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Book Description
Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.
Author: Aldo Schiavone
Publisher: Belknap Press
ISBN: 9780674047334
Category : History
Languages : en
Pages : 624
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Book Description
Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity. The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidationâe"an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around itâe"formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.
Author: Nan Goodman
Publisher: Taylor & Francis
ISBN: 1317042972
Category : Literary Criticism
Languages : en
Pages : 372
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Book Description
Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.
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.
