The Origins of Western Law: Humanistic study of Roman law in a time of scientific expansion Petrarch, his successors, Montaigne PDF Download
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Author: John E. Ecklund
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1035
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Book Description
Author: John E. Ecklund
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1035
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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: Rudolf Leonhard
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 38
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Book Description
Author: Ellen Goodman
Publisher: Federation Press
ISBN: 9781862871816
Category : History
Languages : en
Pages : 324
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Book Description
Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.
Author: Harold J. Berman
Publisher: Harvard University Press
ISBN: 9780674020856
Category : Law
Languages : en
Pages : 674
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Book Description
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Author: Max Turull Rubinat
Publisher: Edicions Universitat Barcelona
ISBN: 8447537757
Category : Law, Medieval
Languages : en
Pages : 121
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Book Description
Aquesta lliçó posa en relleu la importància històrica del renaixement del dret romà a l’Occident medieval, el qual, juntament amb el dret canònic i l’obra dels juristes bolonyesos, es va difondre per tot Europa amb el nom de ius commune. Molt més que un fenomen estrictament jurídic, va significar un veritable canvi cultural l’ona expansiva del qual es va fer sentir en tots els àmbits de la societat medieval. This lesson highlights the historical importance of the revival of Roman law in the medieval West. Along with canon law and the work of the Bolognese jurists, it spread throughout Europe under the name of ius commune. Much more than a strictly legal phenomenon, it brought about a true cultural change, which affected all areas of medieval society.
Author: Alan Watson
Publisher: JHU Press
ISBN: 0801864844
Category : History
Languages : en
Pages : 340
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Book Description
In The Evolution of Western Private Law, renowned legal scholar Alan Watson presents a comprehensive overview of legal change in the Western world. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots -- such as those of the Romans and of Germanic tribes -- come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law (1985), this expanded edition has been completely restructured with more than double the number of examples. The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight. -- Gerald J. Russello
Author: Charles Phineas Sherman
Publisher:
ISBN:
Category : History
Languages : en
Pages : 456
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Book Description
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: Sir Henry Sumner Maine
Publisher: Routledge
ISBN: 1351531727
Category : Law
Languages : en
Pages : 355
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Book Description
Best known as a history of progress, Ancient Law is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase "from status to contract" familiar. His narrative spans the ancient world, in which individuals were tightly bound by status to traditional groups, and the modern one, in which individuals are viewed as autonomous beings, free to make contracts and form associations with whomever they choose. Maine's dichotomy between status-based societies and contract-based societies is a variation on a theme that has absorbed the social sciences for a century: the distinction between Gemeinschaft (community) and Gesellschaft (society). This theme has been elaborated upon by such eminent scholars as Tonnies, Durkheim, Weber, Simmel, and Parsons. Along with many lesser scholars, they have considered what we gained and what we lost when we left behind a social world held together by communal, primordial bonds, and adopted one based upon impersonal temporary agreements among individuals. Maine wrote Ancient Law to increase knowledge about the internal mechanics of developing societies. He felt a key objective was better understanding of how law develops over time. Failure to understand temporal processes in relation to legal development, he argues, leads to the creation of false dichotomies. The most important of these is the alleged division between the ancient and the modern, which Maine described as an "imaginary barrier" at which modern scholars feel they must stop and go no further. Maine's desire to breach this barrier led him to present this complex and richly nuanced analysis of legal evolution. This book will be of interest to historians, political philosophers, and those interested in the development of law.
