The Formation and Transmission of Western Legal Culture

The Formation and Transmission of Western Legal Culture
Author :
Publisher : Springer
Total Pages : 586
Release :
ISBN-10 : 9783319455679
ISBN-13 : 3319455672
Rating : 4/5 (79 Downloads)

Synopsis The Formation and Transmission of Western Legal Culture by : Serge Dauchy

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.

The Formation and Transmission of Western Legal Culture

The Formation and Transmission of Western Legal Culture
Author :
Publisher : Springer
Total Pages : 0
Release :
ISBN-10 : 3319455648
ISBN-13 : 9783319455648
Rating : 4/5 (48 Downloads)

Synopsis The Formation and Transmission of Western Legal Culture by : Serge Dauchy

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.

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Author :
Publisher : BRILL
Total Pages : 240
Release :
ISBN-10 : 9789004417359
ISBN-13 : 9004417354
Rating : 4/5 (59 Downloads)

Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) by :

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.

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
Author :
Publisher : BRILL
Total Pages : 365
Release :
ISBN-10 : 9789004417274
ISBN-13 : 9004417273
Rating : 4/5 (74 Downloads)

Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) by :

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.

Municipal Magdeburg Law (Ius municipale Magdeburgense) in Late Medieval Poland

Municipal Magdeburg Law (Ius municipale Magdeburgense) in Late Medieval Poland
Author :
Publisher : BRILL
Total Pages : 490
Release :
ISBN-10 : 9789004456198
ISBN-13 : 9004456198
Rating : 4/5 (98 Downloads)

Synopsis Municipal Magdeburg Law (Ius municipale Magdeburgense) in Late Medieval Poland by : Maciej Mikuła

Maciej Mikuła analyses the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland, and shows that the adaptation of Magdeburg Law was a complex process.

The Oxford Handbook of Christianity and Law

The Oxford Handbook of Christianity and Law
Author :
Publisher : Oxford University Press
Total Pages : 921
Release :
ISBN-10 : 9780197606759
ISBN-13 : 019760675X
Rating : 4/5 (59 Downloads)

Synopsis The Oxford Handbook of Christianity and Law by : John Witte, Jr.

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.

A Cosmopolitan Jurisprudence

A Cosmopolitan Jurisprudence
Author :
Publisher : Cambridge University Press
Total Pages : 325
Release :
ISBN-10 : 9781108841726
ISBN-13 : 1108841724
Rating : 4/5 (26 Downloads)

Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Neo-Thomism in Action

Neo-Thomism in Action
Author :
Publisher : Leuven University Press
Total Pages : 338
Release :
ISBN-10 : 9789462703063
ISBN-13 : 946270306X
Rating : 4/5 (63 Downloads)

Synopsis Neo-Thomism in Action by : Wim Decock

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.

The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History
Author :
Publisher : Oxford University Press
Total Pages : 1217
Release :
ISBN-10 : 9780191088377
ISBN-13 : 0191088374
Rating : 4/5 (77 Downloads)

Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki

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.