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In: Thémis; droit
World Affairs Online
In: Comparative Studies in Continental and Anglo-American Legal History - 17
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume 'Judicial Records, Law Reports, and the Growth of Case Law' (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.
In: Comparative Studies in Continental and Anglo-American Legal History - 17
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume 'Judicial Records, Law Reports, and the Growth of Case Law' (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.
In: International Law - Book Archive pre-2000
In: Rechtshistorische Studies 11
In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung, Band 139, Heft 1, S. 516-532
ISSN: 2304-4861
In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Germanistische Abteilung, Band 135, Heft 1, S. 575-577
ISSN: 2304-4861
In: Continuity and change: a journal of social structure, law and demography in past societies, Band 32, Heft 1, S. 1-9
ISSN: 1469-218X
ABSTRACTThe settlement of structural commercial conflicts of interest cannot be exclusively subsumed under the heading of dispute resolution. Even when a particular conflict opposing specific individuals or groups of interests could be settled, the broader underlying conflicts of interest would subsist and re-emerge. Both commercial and institutional or political actors would therefore rely on various techniques of conflict management, a process imposing restraint on the opposing parties while allowing sufficient leeway for business to be continued. Both conflict resolution and conflict management were devices of public and corporate governance, and therefore, following the late medieval tradition, instruments more or less based on established patterns of legal or quasi-legal models legitimised by accepted or conventional parameters of 'justice'.
In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Germanistische Abteilung, Band 133, Heft 1, S. 777-783
ISSN: 2304-4861
In: Law and Religion, S. 266-275
In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung, Band 75, Heft 1, S. 436-438
ISSN: 2304-4896
In: Peace Treaties and International Law in European History, S. 412-447
In: Peace Treaties and International Law in European History, S. 184-197
In: Studies in the history of international law Volume 15
In: Legal history library Volume 39