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Reassessing Legal Humanism And Its Claims
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Book Synopsis Reassessing Legal Humanism and its Claims by : Paul J. du Plessis
Download or read book Reassessing Legal Humanism and its Claims written by Paul J. du Plessis and published by Edinburgh University Press. This book was released on 2015-12-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reassessing Legal Humanism and Its Claims by : Paul J. du Plessis
Download or read book Reassessing Legal Humanism and Its Claims written by Paul J. du Plessis and published by . This book was released on 2016 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text 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.--Résumé de l'éditeur.
Book Synopsis Learning Law and Travelling Europe: Study Journeys and the Developing Swedish Legal Profession, c. 1630–1800 by : Marianne Vasara-Aaltonen
Download or read book Learning Law and Travelling Europe: Study Journeys and the Developing Swedish Legal Profession, c. 1630–1800 written by Marianne Vasara-Aaltonen and published by BRILL. This book was released on 2020-05-18 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an account of the study journeys of Swedish lawyers in the early modern period, and their connection to the state-building process and the development of the Swedish legal profession.
Book Synopsis Comparative Methods in Law, Humanities and Social Sciences by : Adams, Maurice
Download or read book Comparative Methods in Law, Humanities and Social Sciences written by Adams, Maurice and published by Edward Elgar Publishing. This book was released on 2021-11-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
Book Synopsis Custom, Common Law, and the Constitution of English Renaissance Literature by : Stephanie Elsky
Download or read book Custom, Common Law, and the Constitution of English Renaissance Literature written by Stephanie Elsky and published by Oxford University Press. This book was released on 2020-09-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.
Book Synopsis Conciliarism, Humanism and Law by : Joseph Canning
Download or read book Conciliarism, Humanism and Law written by Joseph Canning and published by Cambridge University Press. This book was released on 2021-07-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: How was power justified in late medieval Europe? What justifications did people find convincing, and why? Based around the two key intellectual movements of the fifteenth century, conciliarism in the church and humanism, this study explores the justifications for the distribution of power and authority in fifteenth- and early sixteenth-century Europe. By examining the arguments that convinced people in this period, Joseph Canning demonstrates that it was almost universally assumed that power had to be justified but that there were fundamentally different kinds of justification employed. Against the background of juristic thought, Canning presents a new interpretative approach to the justifications of power through the lenses of conciliarism, humanism and law, throwing fresh light on our understanding of both conciliarists' ideas and the contribution of Italian Renaissance humanists.
Book Synopsis Empire and Legal Thought by : Edward Cavanagh
Download or read book Empire and Legal Thought written by Edward Cavanagh and published by BRILL. This book was released on 2020-05-25 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.
Book Synopsis Jus Gentium in Humanist Jurisprudence by : Susan Longfield Karr
Download or read book Jus Gentium in Humanist Jurisprudence written by Susan Longfield Karr and published by BRILL. This book was released on 2023-01-23 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the fathers of humanist jurisprudence contributed to the emergence of ius gentium as the common law not simply of Europe, but of all mankind, in the early sixteenth century.
Book Synopsis To the Uttermost Parts of the Earth by : Martti Koskenniemi
Download or read book To the Uttermost Parts of the Earth written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2021-08-26 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.
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 512 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.
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 The Oxford Handbook of English Law and Literature, 1500-1700 by : Lorna Hutson
Download or read book The Oxford Handbook of English Law and Literature, 1500-1700 written by Lorna Hutson and published by Oxford University Press. This book was released on 2017-06-15 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.
Book Synopsis Local Customs and Common Laws by : J.D. Ford
Download or read book Local Customs and Common Laws written by J.D. Ford and published by BRILL. This book was released on 2024-05-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.
Download or read book War and Peace written by Valentina Vadi and published by BRILL. This book was released on 2020-05-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Book Synopsis Equity in the Civil Law Tradition by : Renato Beneduzi
Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Book Synopsis Roman Law and the Idea of Europe by : Kaius Tuori
Download or read book Roman Law and the Idea of Europe written by Kaius Tuori and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.
Book Synopsis The Codification of Jewish Law on the Cusp of Modernity by : Edward Fram
Download or read book The Codification of Jewish Law on the Cusp of Modernity written by Edward Fram and published by Cambridge University Press. This book was released on 2022-04-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Codes of Jewish law may look similar, but they represent very different ways of thinking about the law.
