FORMATION AND TRANSMISSION OF WESTERN LEGAL CULTURE. PDF Download
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Author:
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ISBN: 9783319455662
Category :
Languages : en
Pages :
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Book Description
Author:
Publisher:
ISBN: 9783319455662
Category :
Languages : en
Pages :
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Book Description
Author: Serge Dauchy
Publisher: Springer
ISBN: 3319455672
Category : Law
Languages : en
Pages : 586
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Book Description
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
Author: Maciej Mikuła
Publisher: BRILL
ISBN: 9004456198
Category : History
Languages : en
Pages : 490
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Book Description
In this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.
Author: Christina G. Waldman
Publisher: Algora Publishing
ISBN: 1628943327
Category : Literary Criticism
Languages : en
Pages : 326
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Book Description
Author:
Publisher: BRILL
ISBN: 9004417273
Category : Law
Languages : en
Pages : 365
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Book Description
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
Author: John Witte, Jr.
Publisher: Oxford University Press
ISBN: 019760675X
Category : Education
Languages : en
Pages : 921
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Book Description
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
Author:
Publisher: BRILL
ISBN: 9004417354
Category : Law
Languages : en
Pages : 240
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Book Description
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.
Author: Wim Decock
Publisher: Leuven University Press
ISBN: 946270306X
Category : Religion
Languages : en
Pages : 338
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Book Description
In his encyclical Aeterni Patris (1879), Pope Leo XIII expressed the conviction that the renewed study of the philosophical legacy of Saint Thomas Aquinas would help Catholics to engage in a dialogue with secular modernity while maintaining respect for Church doctrine and tradition. As a result, the neo-scholastic framework dominated Catholic intellectual production for nearly a century thereafter. This volume assesses the societal impact of the Thomist revival movement, with particular attention to the juridical dimension of this epistemic community. Contributions from different disciplinary backgrounds offer a multifaceted and in-depth analysis of many different networks and protagonists of the neo-scholastic movement, its institutions and periodicals, and its conceptual frameworks. Although special attention is paid to the Leuven Institute of Philosophy and Faculty of Law, the volume also discloses the neo-Thomist revival in other national and transnational contexts. By highlighting diverse aspects of its societal and legal impact, Neo-Thomism in Action argues that neo-scholasticism was neither a sterile intellectual exercise nor a monolithic movement. The book expands our understanding of how Catholic intellectual discourse communities were constructed and how they pervaded law and society during the late 19th century and the first half of the 20th century.
Author: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088374
Category : Law
Languages : en
Pages : 1217
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Book Description
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author: Matteo Nicolini
Publisher: Springer Nature
ISBN: 3031194101
Category : Law
Languages : en
Pages : 301
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Book Description
This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.
