Suchergebnisse

This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues surrounding this movement

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960?s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introdu

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: *the sources of medieval law and how to access them *the development from cases to rules *medieval lawyers' strategies for citing each other and their significance *growth of a conceptual approach to the study of law With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature.

ROMAN LAW -- 1. Was Acceptilatio an Informal Act in Classical Roman Law? -- HANS ANKUM (Amsterdam) -- 2. Solutio and Traditio -- J L BARTON (Oxford) -- 3. Actor and Defendant in Negatoria Servitutis -- L CAPOGROSSI COLOGNESI (Rome) -- 4. Some Reflections on History and Dogma as Jurists' Tools -- GIULIANO CRIFO (Rome) -- 5. D. 33.1.20.1 (Scaevola 18 dig.) Revisited -- ROBERT FEENSTRA (Leiden) -- 6. Death, Taxes and Status in Pliny's Panegyricus -- JANE F. GARDNER (Reading) -- 7. Translation and Interpretation -- WILLIAM M. GORDON (Glasgow) -- 8. The Case of the Deliberate Wine Spill -- HERBERT HAUSMANINGER (Vienna) -- 9. De Iurisprudentia -- NEIL MACCORMICK (Edinburgh) -- 10. Pigs, Boars and Livestock under the Lex Aquilia -- GRANT MCLEOD (Edinburgh) -- 11. "Galba Negabat" -- A D MANFREDINI (Ferrara) -- 12. Partes Iuris -- THEO MAYER-MALY (Salzburg) -- 13. "Unus Testis Nullus Testis" -- ANTONINO METRO (Messina) -- 14. Unpardonable Crimes: Fourth Century Attitudes -- O F ROBINSON (Glasgow) -- 15. The Praetor Hoist with his Own Petard: the Palingenesia of Digest 2.1.10 -- ALAN RODGER (Edinburgh) -- 16. Maiestas in the Late Republic: Some Observations -- ROBIN SEAGER (Liverpool) -- OTHER ANCIENT LAWS -- 17. Oral Establishment of Dowry in Jewish and Roman Law: D'varim Haniknim Ba'amira and Dotis Dictio -- RANON KATZOFF (Bar Ilan) -- 18. Cause, Status and Fault in the Traditional Chinese Law of Homicide -- GEOFFREY MACCORMACK (Aberdeen) -- 19. The Septuagint as Nomos: How the Torah became a "Civic Law" for the Jews of Egypt -- JOSEPH MÉLE ZE MODRZEJEWSKI (Paris) -- 20. Basics of Roman and Jewish Intestacy -- REUVEN YARON(Jerusalem) -- TRANSPLANTS, RECEPTIONS AND COMPARISONS -- 21. The Education and Qualification of Civil Lawyers in Historical Perspective: From Jurists and Orators to Advocates, Procurators and Notaries -- HANS W BAADE (Austin) -- 22. The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish Concept of Institutional Writing -- JOHN W CAIRNS (Edinburgh) -- 23. Restitution, Repetition, Recompense and Unjustified Enrichment in Scots Law -- ROBIN EVANS-JONES (Aberdeen) and PHILLIP HELLWEGE (Cologne) -- 24. John Adams and the Whale -- ANDREW LEWIS (London) -- 25. Leibniz's Elementa Iuris Civilis and the Private Law of his Time -- KLAUS LUIG (Cologne) -- 26. Classifying Crimes -- R A A MCCALL SMITH (Edinburgh) -- 27. The Shifting Focus of Adoption -- JOSEPH W MCKNIGHT (Dallas) -- 28. Girth: Society and the Law of Sanctuary in Scotland -- HECTOR L MACQUEEN (Edinburgh) -- 29. Descendit ad Inferos: And Belial Sued Jesus Christ for Trespass -- ELTJO SCHRAGE (Amsterdam) -- 30. Saving Souls through Adoption: Legal Adaptation in the Dutch East Indies -- A J B SIRKS (Frankfurt a -- Main) -- 31. Legal Change and Scots Private Law -- JOE THOMSON (Glasgow) -- 32. Quod raro fit, non observant legislatores: a Classical Maxim of Legislation -- ANDREAS WACKE (Cologne) -- 33. Kasper Manz, a German Jurist in the Seventeenth Century: A Man of Theory and Practice -- GUNTER WESENER (Graz) -- 34. A Note on Regulae Iuris in Roman Law and on Dworkin's Distinction between Rules and Principles -- LAURENS WINKEL (Rotterdam)

A new assessment of the importance of the lex Aquilia (wrongful damage to property) on Roman law in BritainFew topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.Taken collectively, the volume establishes whether it is possible to identify a 'British' method of researching and writing about Roman law.Key FeaturesLooks at the unique relationship between the lex Aquilia and British legal scholarship and legal historyExplores the importance of the teaching of the lex Aquilia at various old British universitiesAppraises W.W. Buckland's legacy: his prolific scholarly output and his impact on his students, most notably David Daube, and their significant contributions to the study of Roman law and the lex Aquilia in the UKContributorsJohn W. Cairns, Professor of Civil law, University of Edinburgh Paul J. du Plessis, Professor of Roman law, University of Edinburgh Robin Evans-Jones, Professor of Jurisprudence, University of Aberdeen David Ibbetson, Regius Professor of Civil law, University of Cambridge David Johnston QC, Advocate in the Court of Session, Edinburgh and sometime Regius Professor of Civil law, University of Cambridge Alberto Lorusso, Associate Professor of Roman law, University of Madrid (Alcalà de Henares) Paul Mitchell, Professor of Law, University College London Joe Sampson, David Li Fellow in Law, Selwyn College, Affiliated Lecturer, University of CambridgeHelen Scott, Tutorial Fellow, Lady Margaret Hall, and Professor of Law, University of Oxford Benjamin Spagnolo, Fellow at Trinity College and Lecturer in Law, University of Cambridge Giuseppe Valditara, Professor of Roman Law, University of Turin

A celebratory collection of essays on philosophy, rights and natural law, inspired by the work of Knud HaakonssenOver his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. A hallmark of his approach has been to show how natural law in early modern Europe was not a unified doctrine, but a field of crosscutting idioms that prosecuted competing political and juridical programmes.The essays collected in this volume range across this exciting and contested field. These studies acknowledge Haakonssen's immense academic achievement and give us new insights into the cultural and political role of law and rights in a variety of historical contexts and circumstances. Key FeaturesCrosses national, disciplinary, intellectual and ideological bordersDeals with a wide range of contexts and aspects over a chronological period from the Reformation to the aftermath of the French RevolutionCovers an unusually wide range of questions at the intersection between natural law, religion and politicsContributors include Maria Rosa Antognazza, James Harris, Simone Zurbuchen and John Cairns"