Histoire du droit savant (13e–18e siècle)

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Publisher : Taylor & Francis
ISBN 13 : 1000948080
Total Pages : 354 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Histoire du droit savant (13e–18e siècle) by : Robert Feenstra

Download or read book Histoire du droit savant (13e–18e siècle) written by Robert Feenstra and published by Taylor & Francis. This book was released on 2023-07-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orléans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisième sélection d'articles de Robert Feenstra complète les deux précédentes; elle constitue la suite de ses études sur les doctrines de droit privé et sur des textes se rapportant à l'enseignement universitaire du XIIIe jusqu'au XVIIIe siècle. Dans la section consacrée au droit privé, quelques articles s'occupent en premier lieu du moyen âge, d'autres focalisent sur Hugo Grotius. La propriété est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalité juridique (notamment par rapport aux fondations) et de la responsabilité civile (y compris la responsabilité du fait d'autrui). Les études sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siècle. La première est consacrée à un professeur de droit civil peu connu de l'université d'Orléans et à son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traités appartenant à la "vulgarisation" du droit savant (droit romain et droit canonique au moye

The Medieval Foundations of International Law

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Publisher : BRILL
ISBN 13 : 9004447121
Total Pages : 719 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Medieval Foundations of International Law by : Dante Fedele

Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).

Pionniers du droit occidental au Moyen Age

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Publisher : Taylor & Francis
ISBN 13 : 1000947823
Total Pages : 363 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Pionniers du droit occidental au Moyen Age by : André Gouron

Download or read book Pionniers du droit occidental au Moyen Age written by André Gouron and published by Taylor & Francis. This book was released on 2023-05-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Pioneers' seems fitting to Professor Gouron to describe the jurists (civilists) of the 12th-century Latin West, that were the bearers of a new science, born in Bologna about 1100. Away from Bologna these pioneers were isolated, scattered from Scotland to Styria or Catalonia, and no more than one hundred can now be identified. These people, and their manuscripts and the relationships between them, are the subject of this collection, the fifth in the Variorum series by André Gouron, himself to be regarded as a pioneer in this field of research. This volume brings together twenty-two studies which have appeared since 1997 in widely scattered publications, often hard to access, along with additional notes and indexes.

Comparative Legal History

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781955220
Total Pages : 513 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Comparative Legal History by : Olivier Moréteau

Download or read book Comparative Legal History written by Olivier Moréteau and published by Edward Elgar Publishing. This book was released on with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Hugo Grotius Mare Liberum 1609-2009

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Publisher : BRILL
ISBN 13 : 904743045X
Total Pages : 244 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Hugo Grotius Mare Liberum 1609-2009 by : Robert Feenstra

Download or read book Hugo Grotius Mare Liberum 1609-2009 written by Robert Feenstra and published by BRILL. This book was released on 2009-12-07 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quadricentenary of Hugo Grotius’ Mare liberum (1609-2009) offered the opportunity to publish a reliable critical edition – combined with a revised English translation – of Grotius’ first publication in the field of international law. Starting from a comparison with the autographic manuscript, Robert Feenstra undertook a verification of the text of the first and only authorised edition – in particular of the numerous marginal references – resulting in many corrections and further annotations. In his ‘Editor’s Introduction’, he explains the history of the later editions of the Latin text and the translations of Mare liberum. Jeroen Vervliet’s ‘General Introduction’ aims at providing a better understanding of the circumstances in which Hugo Grotius wrote this work; it elucidates the legal argument used by Grotius, and the reaction of his contemporary opponents.

Natural Law in Court

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Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Natural Law in Court by : R. H. Helmholz

Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae

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Publisher : BRILL
ISBN 13 : 9047428587
Total Pages : 427 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae by :

Download or read book Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae written by and published by BRILL. This book was released on 2009-03-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.

The Oxford Handbook of European Legal History

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Publisher : Oxford University Press
ISBN 13 : 0191088382
Total Pages : 1273 pages
Book Rating : 4.1/5 (91 download)

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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 2018-07-04 with total page 1273 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.

Féodalités et droits savants dans le Midi Médiéval

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Publisher : Taylor & Francis
ISBN 13 : 1040247644
Total Pages : 327 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Féodalités et droits savants dans le Midi Médiéval by : Gérard Giordanengo

Download or read book Féodalités et droits savants dans le Midi Médiéval written by Gérard Giordanengo and published by Taylor & Francis. This book was released on 2024-10-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The feudal system has come to be seen as one of the most characteristic features of the Western Middle Ages, yet the study of feudal law has not always received the same attention as that given to its institutions. This law, it is true, was a subject of secondary importance in the medieval universities, but there does remain a corpus of writing sufficiently large to permit the investigation of how it related to medieval practice. In these articles, now provided with extensive additional notes, Gérard Giordanengo has undertaken such an investigation, with particular reference to Southern France in the 12th-14th centuries. He shows how, in Provence, legal doctrine did exert a clear influence on feudal practice, and that it was the jurists attached to princely or ecclesiastic entourages who were the key to its dissemination. In the Dauphiné, on the other hand, theory had a more limited impact, and feudal ties became not a mark of subjection, but a means of recognising legal and social status. At the governmental level, finally, he argues that it was not any feudal theory, nor even any feudal structures, but rather the absolutist doctrines of Roman law and the Old Testament that shaped the political ideology - and practice, if possible - of the medieval king. Le système féodal est considéré comme étant l’une des caractéristiques fondamentales du Moyen Age occidental; cependant, l’étude du droit féodal savant n’a pas toujours fait l’objet de la même attention que celle portée à ses institutions et coutumes. Ce droit, il est vrai, était un sujet d’importance secondaire au sein des universités médiévales, mais il reste néanmoins, un ensemble d’écrits suffisamment important pour qu’il soit possible d’examiner son influence sur la pratique médiévale. Au cours de ces articles, dès à présent pourvus de notes supplémentaires, Gérard Giordanengo a entrepris une telle analyse, se référant plus particulièrement au Sud de l

Custom, Law, and Monarchy

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Publisher : Oxford University Press
ISBN 13 : 0192845497
Total Pages : 302 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Custom, Law, and Monarchy by : Marie Seong-Hak Kim

Download or read book Custom, Law, and Monarchy written by Marie Seong-Hak Kim and published by Oxford University Press. This book was released on 2021 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.

Unnaturally French

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Publisher : Cornell University Press
ISBN 13 : 1501718487
Total Pages : 473 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Unnaturally French by : Peter Sahlins

Download or read book Unnaturally French written by Peter Sahlins and published by Cornell University Press. This book was released on 2018-08-06 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his rich and learned new book about the naturalization of foreigners, Peter Sahlins offers an unusual and unexpected contribution to the histories of immigration, nationality, and citizenship in France and Europe. Through a study of foreign citizens, Sahlins discovers and documents a premodern world of legal citizenship, its juridical and administrative fictions, and its social practices. Telling the story of naturalization from the sixteenth to the early nineteenth centuries, Unnaturally French offers an original interpretation of the continuities and ruptures of absolutist and modern citizenship, in the process challenging the historiographical centrality of the French Revolution.Unnaturally French is a brilliant synthesis of social, legal, and political history. At its core are the tens of thousands of foreign citizens whose exhaustively researched social identities and geographic origins are presented here for the first time. Sahlins makes a signal contribution to the legal history of nationality in his comprehensive account of the theory, procedure, and practice of naturalization. In his political history of the making and unmaking of the French absolute monarchy, Sahlins considers the shifting policies toward immigrants, foreign citizens, and state membership.Sahlins argues that the absolute citizen, exemplified in Louis XIV's attempt to tax all foreigners in 1697, gave way to new practices in the middle of the eighteenth century. This "citizenship revolution," long before 1789, produced changes in private and in political culture that led to the abolition of the distinction between foreigners and citizens. Sahlins shows how the Enlightenment and the political failure of the monarchy in France laid the foundations for the development of an exclusively political citizen, in opposition to the absolute citizen who had been above all a legal subject. The author completes his original book with a study of naturalization under Napoleon and the Bourbon Restoration. Tracing the twisted history of the foreign citizen from the Old Regime to the New, Sahlins sheds light on the continuities and ruptures of the revolutionary process, and also its consequences.

Money, Markets and Trade in Late Medieval Europe

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Publisher : BRILL
ISBN 13 : 9047411862
Total Pages : 668 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Money, Markets and Trade in Late Medieval Europe by : Lawrin Armstrong

Download or read book Money, Markets and Trade in Late Medieval Europe written by Lawrin Armstrong and published by BRILL. This book was released on 2006-12-31 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled in honour of John H. A. Munro (University of Toronto), the volume groups nineteen original studies by a diversified panel of scholars. The essays explore late medieval market mechanisms and associated institutional, fiscal and monetary, organizational, decision-making, legal and ethical issues, as well as various aspects of production, consumption and market integration. The geographical scope stretches from North-Western and Central Europe to North and West Africa, and the individual contributions deal with a variety of local, regional, and long-distance markets and networks. The mix of approaches, cutting-edge archival research, and presentations of current projects addresses the interests of scholars in diverse fields, from economic to social and institutional history. The volume offers a full bibliography of John H. A. Munro’s works.

Droit et coutume en France aux XIIe et XIIIe siécles

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Publisher : Taylor & Francis
ISBN 13 : 1040244785
Total Pages : 323 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Droit et coutume en France aux XIIe et XIIIe siécles by : André Gouron

Download or read book Droit et coutume en France aux XIIe et XIIIe siécles written by André Gouron and published by Taylor & Francis. This book was released on 2024-10-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume by André Gouron brings together a widely scattered set of articles on Roman law in medieval France and its influence. The first group of papers is concerned with the medieval history of Roman law itself, while the two following sections look at how it contributed to the (perfectionnement) of canon law, on the one hand, and to the emergence of customary law on the other. As the author would see it, there are the three aspects of the inexorable advance, if not of a science, at least of a clear effort towards logical clarification, which revolutionised law in the 12th and 13th centuries, first in southern Europe, but soon in the west and north too. At the same time, these studies help reveal some of the complex network of intellectual links that underlay these developments.

Juristes et droits savants: Bologne et la France Médiéval

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Publisher : Taylor & Francis
ISBN 13 : 104024775X
Total Pages : 282 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Juristes et droits savants: Bologne et la France Médiéval by : André Gouron

Download or read book Juristes et droits savants: Bologne et la France Médiéval written by André Gouron and published by Taylor & Francis. This book was released on 2024-10-28 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth collection by Professor André Gouron presents a set of twenty studies on jurisprudence, jurists and legal practice in the 12th and 13th centuries. The focus is on the schools and traditions of Bologna and in France, but the coverage includes canon, Roman and customary law. The first part deals with theories diffused by the jurists of Bologna and France and the literary genres in which they expressed these theories, particularly on questions of presumptions, proof, and illicit conditions. In the second section the author looks at some of the persons involved in the juridical renaissance of this period, and at some of the effects of the legal doctrines being taught on royal legislation, procedure, the fiscal system, and urban autonomy. Ce volume - le quatrième de l’auteur dans cette collection - réunit vingt articles du professeur Gouron. Onze de ces articles forment une première partie, consacrée aux théories diffusées par les juristes de Bologne ou de France et aux genres littéraires à travers lesquels s’expriment ces théories, notamment en matière de présomptions, de preuve par témoins ou de conditions illicites. La seconde partie du volume rassemble neuf articles qui traitent de divers acteurs, célèbres ou obscurs, de la renaissance juridique, ainsi que des effets des doctrines enseignées par les romanistes et les canonistes sur la législation royale, la procédure, le système fiscal et l’autonomie urbaine.

Law, History, the Low Countries and Europe

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Publisher : A&C Black
ISBN 13 : 1441113061
Total Pages : 225 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis Law, History, the Low Countries and Europe by : R. C. Caenegem

Download or read book Law, History, the Low Countries and Europe written by R. C. Caenegem and published by A&C Black. This book was released on 1994-07-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: R.C. Van Caenegem is the successor of Henri Pirenne and of F.L. Ganshof at the University of Ghent. These essays reflect Van Caenegem's main interests over his career: the Common Law in England and Customary Law in the Low Countries; the differences between institutional development in England and in the rest of Europe; and the forces making for autocratic as opposed to representative government. A number of pieces discuss the nature of history itself: how it compares with the sciences and what it can teach us. Two essays commemorate the lives and work of Pirenne and Ganshof.

2005

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Publisher : Walter de Gruyter
ISBN 13 : 3598441614
Total Pages : 433 pages
Book Rating : 4.5/5 (984 download)

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Book Synopsis 2005 by : Massimo Mastrogregori

Download or read book 2005 written by Massimo Mastrogregori and published by Walter de Gruyter. This book was released on 2009-12-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annually published since 1930, the International Bibliography of Historical Sciences (IBOHS) is an international bibliography of the most important historical monographs and periodical articles published throughout the world, which deal with history from the earliest to the most recent times. The IBOHS is thus currently the only continuous bibliography of its kind covering such a broad period of time, spectrum of subjects and geographical range. The works are arranged systematically according to period, region or historical discipline, and alphabetically according to authors names or, in the case of anonymous works, by the characteristic main title word. The bibliography contains a geographical index and indexes of persons and authors.

Medieval Sovereignty

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Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 9059720814
Total Pages : 342 pages
Book Rating : 4.0/5 (597 download)

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Book Synopsis Medieval Sovereignty by : Francesco Maiolo

Download or read book Medieval Sovereignty written by Francesco Maiolo and published by Eburon Uitgeverij B.V.. This book was released on 2007 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medieval Sovereignty examines the idea of sovereignty in the Middle Ages and asks if it can be considered a fundamental element of medieval constitutional order. Francesco Maiolo analyzes the writings of Marsilius of Padua (1275/80-1342/43) and Bartolous of Saxoferrato (1314-57) and assesses their relative contributions as early proponents of popular sovereignty. Both are credited with having provided the legal justification for medieval popular government. Maiolo's cogent reconsideration of this primacy is an important addition to current medieval studies.