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Author: Harold Joseph Berman
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 182
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Book Description
Author: Harold Joseph Berman
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 182
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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: Kenneth Pennington
Publisher: CUA Press
ISBN: 0813214629
Category : History
Languages : en
Pages : 424
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Book Description
In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.
Author: David Murray Fox
Publisher: Oxford University Press
ISBN: 0198704747
Category : Antiques & Collectibles
Languages : en
Pages : 921
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Book Description
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
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: Harold Joseph Berman
Publisher: Harvard University Press
ISBN: 9780674020863
Category : History
Languages : en
Pages : 548
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Book Description
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Author: Martin Vranken
Publisher:
ISBN: 9781760020293
Category : Civil law
Languages : en
Pages : 169
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Book Description
The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.
Author: Michael J. Bazyler
Publisher: Carolina Academic Press LLC
ISBN: 9781531007850
Category : Comparative law
Languages : en
Pages : 888
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Book Description
"Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--
Author: Eugen Rosenstock-Huessy
Publisher: Wipf and Stock Publishers
ISBN: 1625640196
Category : Religion
Languages : en
Pages : 857
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Book Description
This classic, originally published in 1938, was reprinted in 1969 for a new generation by Berg Publishers. From the new introduction by Harold J. Berman: "That this book--written six decades ago--is without question an extraordinary book, a remarkable book, a fascinating book, has not saved it from relative obscurity. It is directed against conventional historiography, and for the most part the conventional historians have either ignored it or denounced it . . . [It] is a history in the best sense of the word. Although it embodies original scholarship of the highest professional quality, it is written primarily for the amateur, the person of general education, who wants to know where we came from and whither we are headed. But it is also a theory of history: how history should be understood, how historians should write about it . . .. Out of Revolution interprets modern Western history as a single 900-year period, initiated by total revolution . . . and punctuated thereafter by a series of total revolutions that broke out successively in the different European nations . . .. Rosenstock-Huessy was a prophet who, like many great prophets, failed in his own time, but whose time may now be coming."
Author: Kenneth Pennington
Publisher: University of California Presson Demand
ISBN: 9780520079953
Category : History
Languages : en
Pages : 335
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Book Description
"Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles "A work of synthesis that at the same time introduces new material to the treasury of studies on medieval political thought."--Stanley Chodorov, University of California, San Diego "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles
