The Principle of the Personality of Law in the Germanic Kingdoms of Western Europe from the Fifth to the Eleventh Century

The Principle of the Personality of Law in the Germanic Kingdoms of Western Europe from the Fifth to the Eleventh Century PDF Author: Simeon Leonard Guterman
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : History
Languages : en
Pages : 376

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Book Description
«How many times does it happen that five men walk together or are seated together and that not one has the same law as another of his brothers». In these words Agobard of Lyons in 817 describes the culmination of the personal law system that followed the establishment of the Germanic kingdoms in the fifth century. Out of the coalescence of Roman and Germanic legal traditions thus promoted by the personal law system, and the subsequent growth of the territorial principle, which replaced the personal law principle, were born the juridical elements in modern Civil and Common Law systems.

Bishops, Councils, and Consensus in the Visigothic Kingdom, 589-633

Bishops, Councils, and Consensus in the Visigothic Kingdom, 589-633 PDF Author: Rachel L. Stocking
Publisher: University of Michigan Press
ISBN: 9780472111336
Category : History
Languages : en
Pages : 238

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Book Description
Portrays the power struggles among medieval rulers, sacred and profane

Law and Authority in the Early Middle Ages

Law and Authority in the Early Middle Ages PDF Author: Thomas Faulkner
Publisher: Cambridge University Press
ISBN: 1107084911
Category : History
Languages : en
Pages : 315

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Book Description
An examination of the barbarian laws in Carolingian Europe, contributing to debates concerning written law, kingship and ethnic identities.

Medieval Canon Law

Medieval Canon Law PDF Author: James A Brundage
Publisher: Routledge
ISBN: 1317895339
Category : History
Languages : en
Pages : 168

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Book Description
It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.

German Legal System and Laws

German Legal System and Laws PDF Author: Nigel G. Foster
Publisher:
ISBN: 0199233438
Category : Law
Languages : en
Pages : 722

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Book Description
German Legal System and Laws provides a comprehensive introduction to the German legal system and the core areas of substantive law. Constitutional law is the foundation of German law and this area has been given fuller consideration in this fourth edition. The constitutional organs of state, basic rights and administrative law are all thoroughly explained. The text has been fully amended and updated with regard to a wealth of legislation and case law which has radically altered the course of German law with considerable attention being given to the development of private law. Also included are expanded and updated extracts from the Grundgesetz and fully revised glossaries of German legal terms.

The Medieval Origins of the Legal Profession

The Medieval Origins of the Legal Profession PDF Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 0226077616
Category : History
Languages : en
Pages : 626

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Book Description
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

Law and Empire

Law and Empire PDF Author:
Publisher: BRILL
ISBN: 9004249516
Category : Political Science
Languages : en
Pages : 360

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Book Description
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.

The Making of a German Constitution

The Making of a German Constitution PDF Author: Margaret Barber Crosby
Publisher: A&C Black
ISBN: 1859738176
Category : History
Languages : en
Pages : 310

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Book Description
It is impossible to comprehend the political development of the United States, England, or France without considering the US Constitution, English common law or the Code Napoleon, respectively. Why then has legalism been neglected in the study of German politics? Drawing on constitutional and legal history, this book reconsiders the creation of the German state and the nature of the 'bourgeois revolution'. The author reviews the critical time period of 1814-1930 to demonstrate the links between the legal code and political evolution. She argues that German liberals perceived that the ends of revolution could be achieved legislatively; thus Germany was able to attain a modern political and social system while avoiding - or at least delaying - violent movements. This book provides a ... republican synthesis of German political development through time.

Isidore of Seville and the Liber Iudiciorum

Isidore of Seville and the Liber Iudiciorum PDF Author: Michael J. Kelly
Publisher: BRILL
ISBN: 9004450017
Category : History
Languages : en
Pages : 257

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Book Description
In Isidore of Seville and the “Liber Iudiciorum,” the author re-interprets the meaning and “function” of the seventh-century Visigothic law-code, the Liber Iudiciorum within the context of the cooperative competition of history-writing between nodes of power in Seville and Toledo.

The Ideological Origins of American Federalism

The Ideological Origins of American Federalism PDF Author: Alison L. LaCroix
Publisher: Harvard University Press
ISBN: 0674062035
Category : Law
Languages : en
Pages : 321

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Book Description
Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.