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Early Modern Legal Practice In Europe
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Book Synopsis A History of Law in Europe by : Antonio Padoa-Schioppa
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Book Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Historical and Philosophical Foundations of European Legal Culture by : Dawid Bunikowski
Download or read book Historical and Philosophical Foundations of European Legal Culture written by Dawid Bunikowski and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.
Book Synopsis Early Modern Legal Practice in Europe by : Guido Rossi
Download or read book Early Modern Legal Practice in Europe written by Guido Rossi and published by Edinburgh Studies in Law. This book was released on 2020-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comparative study of the relationship between law courts and substantive law in the early modern period A comparative study on the passage from late medieval to early modern civil law from a practical viewpoint Assesses the influence of law courts on the development of substantive law Brings together a range of distinguished and up and coming scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Javier García Martín, Heikki Pihlajamäki and Gustavo César Machado Cabral Re-evaluates and challenges current orthodox views about early modern civil law Bringing together some of the most distinguished scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Heikki Pihlajamäki and Javier García Martín, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law - and not on its systematisation by learned jurists - it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re?evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law.
Book Synopsis Legal Practice in Eighteenth-Century Scotland by : John Finlay
Download or read book Legal Practice in Eighteenth-Century Scotland written by John Finlay and published by BRILL. This book was released on 2015-07-14 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.
Book Synopsis Cultures of Conflict Resolution in Early Modern Europe by : Stephen Cummins
Download or read book Cultures of Conflict Resolution in Early Modern Europe written by Stephen Cummins and published by Taylor & Francis. This book was released on 2017-05-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes, discord and reconciliation were fundamental parts of the fabric of communal living in early modern Europe. This edited volume presents essays on the cultural codes of conflict and its resolution in this period under three broad themes: peacemaking as practice; the nature of mediation and arbitration; and the role of criminal law in conflicts. Through an exploration of conflict and peacemaking, this volume provides innovative accounts of state formation, community and religion in the early modern period.
Book Synopsis Crime and Punishment in Early Modern Russia by : Nancy Kollmann
Download or read book Crime and Punishment in Early Modern Russia written by Nancy Kollmann and published by Cambridge University Press. This book was released on 2012-10-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: A magisterial account of criminal law in early modern Russia in a wider European and Eurasian context.
Book Synopsis Crime, Gender and Social Control in Early Modern Frankfurt am Main by : Jeannette Kamp
Download or read book Crime, Gender and Social Control in Early Modern Frankfurt am Main written by Jeannette Kamp and published by BRILL. This book was released on 2019-12-09 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.
Book Synopsis A History of European Law by : Paolo Grossi
Download or read book A History of European Law written by Paolo Grossi and published by John Wiley & Sons. This book was released on 2010-02-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals
Author :Thomas Duve Publisher :Max Planck Institute for European Legal History ISBN 13 :3944773020 Total Pages :272 pages Book Rating :4.9/5 (447 download)
Book Synopsis New Horizons in Spanish Colonial Law by : Thomas Duve
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Book Synopsis The History of Courts and Procedure in Medieval Canon Law by : Wilfried Hartmann
Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Book Synopsis Conquest and the Law in Swedish Livonia (ca. 1630–1710) by : Heikki Pihlajamäki
Download or read book Conquest and the Law in Swedish Livonia (ca. 1630–1710) written by Heikki Pihlajamäki and published by BRILL. This book was released on 2017-01-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.
Book Synopsis Late Medieval and Early Modern Fight Books by :
Download or read book Late Medieval and Early Modern Fight Books written by and published by BRILL. This book was released on 2016-06-27 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Late Medieval and Early Modern Fight Books offers insights into the cultural and historical transmission and practices of martial arts, based on the corpus of the Fight Books (Fechtbücher) in 14th- to 17th-century Europe. The first part of the book deals with methodological and specific issues for the studies of this emerging interdisciplinary field of research. The second section offers an overview of the corpus based on geographical areas. The final part offers some relevant case studies. This is the first book proposing a comprehensive state of research and an overview of Historical European Martial Arts Studies. One of its major strengths lies in its association of interdisciplinary scholars with practitioners of martial arts. Contributors are Sydney Anglo, Matthias Johannes Bauer, Eric Burkart, Marco Cavina, Franck Cinato, John Clements, Timothy Dawson, Olivier Dupuis, Bert Gevaert, Dierk Hagedorn, Daniel Jaquet, Rachel E. Kellet, Jens Peter Kleinau, Ken Mondschein, Reinier van Noort, B. Ann Tlusty, Manuel Valle Ortiz, Karin Verelst, and Paul Wagner.
Book Synopsis The Oxford Handbook of Witchcraft in Early Modern Europe and Colonial America by : Brian P. Levack
Download or read book The Oxford Handbook of Witchcraft in Early Modern Europe and Colonial America written by Brian P. Levack and published by OUP Oxford. This book was released on 2013-03-28 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this Handbook, written by leading scholars working in the rapidly developing field of witchcraft studies, explore the historical literature regarding witch beliefs and witch trials in Europe and colonial America between the early fifteenth and early eighteenth centuries. During these years witches were thought to be evil people who used magical power to inflict physical harm or misfortune on their neighbours. Witches were also believed to have made pacts with the devil and sometimes to have worshipped him at nocturnal assemblies known as sabbaths. These beliefs provided the basis for defining witchcraft as a secular and ecclesiastical crime and prosecuting tens of thousands of women and men for this offence. The trials resulted in as many as fifty thousand executions. These essays study the rise and fall of witchcraft prosecutions in the various kingdoms and territories of Europe and in English, Spanish, and Portuguese colonies in the Americas. They also relate these prosecutions to the Catholic and Protestant reformations, the introduction of new forms of criminal procedure, medical and scientific thought, the process of state-building, profound social and economic change, early modern patterns of gender relations, and the wave of demonic possessions that occurred in Europe at the same time. The essays survey the current state of knowledge in the field, explore the academic controversies that have arisen regarding witch beliefs and witch trials, propose new ways of studying the subject, and identify areas for future research.
Book Synopsis Understanding the Sources of Early Modern and Modern Commercial Law by :
Download or read book Understanding the Sources of Early Modern and Modern Commercial Law written by and published by BRILL. This book was released on 2018-03-06 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
Book Synopsis Family, Gender, and Law in Early Modern France by : Suzanne Desan
Download or read book Family, Gender, and Law in Early Modern France written by Suzanne Desan and published by Penn State Press. This book was released on 2010-11-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Succession Law, Practice and Society in Europe across the Centuries by : Maria Gigliola di Renzo Villata
Download or read book Succession Law, Practice and Society in Europe across the Centuries written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2018-03-19 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.
