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Author : Antonio Padoa Schioppa
Publisher :
ISBN 13 : 9788815119353
Total Pages : 780 pages
Book Rating : 4.1/5 (193 download)
Download or read book Storia del diritto in Europa written by Antonio Padoa Schioppa and published by . This book was released on 2007 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088382
Total Pages : 1273 pages
Book Rating : 4.1/5 (91 download)
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.
Author : Tamar Herzog
Publisher : Harvard University Press
ISBN 13 : 0674981758
Total Pages : 297 pages
Book Rating : 4.6/5 (749 download)
Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago
Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
ISBN 13 : 3031519361
Total Pages : 393 pages
Book Rating : 4.0/5 (315 download)
Download or read book Scientia Iuris written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maria Gigliola di Renzo Villata
Publisher : Springer
ISBN 13 : 3319762583
Total Pages : 652 pages
Book Rating : 4.3/5 (197 download)
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.
Author : Richard Grimes
Publisher : Routledge
ISBN 13 : 1351814583
Total Pages : 276 pages
Book Rating : 4.3/5 (518 download)
Download or read book Re-thinking Legal Education under the Civil and Common Law written by Richard Grimes and published by Routledge. This book was released on 2017-07-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too – particularly those who value a more direct engagement in their learning.
Author : Wim Decock
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232842
Total Pages : 744 pages
Book Rating : 4.0/5 (42 download)
Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Author : CASSI ALDO ANDREA
Publisher : Giappichelli
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.2/5 (211 download)
Download or read book L’esperienza giuridica europea dal Medioevo all’Età Contemporanea written by CASSI ALDO ANDREA and published by Giappichelli. This book was released on 2024-02-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “L’esperienza giuridica europea dal medioevo all’età contemporanea” si colloca lungo la linea di un progetto editoriale innovativo e coraggioso (“Le danze di Clio e Astrea. Fondamenti storici del diritto europeo”, Giappichelli 2023), la cui fortuna ha stimolato l’Autore a trarne un testo autonomo, anch’esso multimediale, volto ad offrire diverse ‘chiavi di lettura’ per un accostamento critico all’esperienza giuridica europea. Quest’ultima è vista partendo dal Medioevo, cioè dall’epoca nella quale in realtà è nato il Diritto, inteso come lo intendiamo noi oggi, ovvero come scienza (Iurisprudentia) che si occupa del complesso di norme in un ordinamento giuridico, mediante una specifica strumentazione metodologica, per arrivare alle odierne sfide che interrogano pressantemente la scientia iuris. Questa ultramillennaria e straordinaria esperienza è ricostruita attraverso un approccio espositivo, per correlazioni multimediali e stylus scribendi, del tutto inedito, rivolto a studenti, esperti di diritto ed avvocati.ai giuristi del Terzo Millennio
Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Code Napoléon Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.
Author : Koen Stapelbroek
Publisher : Springer
ISBN 13 : 3030238385
Total Pages : 296 pages
Book Rating : 4.0/5 (32 download)
Download or read book The Legacy of Vattel's Droit des gens written by Koen Stapelbroek and published by Springer. This book was released on 2019-08-13 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection offers a reassessment of the complicated legacy of Emer de Vattel’s Droit des gens, first published in 1758. One of the most influential books in the history of international law and a major reference point in the fields of international relations theory and political thought, this book played a role in the transformation of diplomatic practice in the eighteenth and nineteenth century. But how did Vattel’s legacy take shape? The volume argues that the enduring relevance of Vattel’s Droit des gens cannot be explained in terms of doctrines and academic disciplines that formed in the late nineteenth and twentieth centuries. Instead, the chapters show how the complex reception of this book took shape historically and why it had such a wide geographical and disciplinary appeal until well into the twentieth century. The volume charts its reception through translations, intellectual, ideological and political appropriations as well as new practical usages, and explores Vattel’s discursive and conceptual innovations. Drawing on a wide range of sources, such as archive memoranda and diplomatic correspondences, this volume offers new perspectives on the book’s historical contexts and cultures of reception, moving past the usual approach of focusing primarily on the text. In doing so, this edited collection forms a major contribution to this new direction of study in intellectual history in general and Vattel’s Droit des gens in particular.
Author : Mario Caravale
Publisher : Gius.Laterza & Figli Spa
ISBN 13 : 8858101383
Total Pages : 342 pages
Book Rating : 4.8/5 (581 download)
Download or read book Storia del diritto nell'Europa moderna e contemporanea written by Mario Caravale and published by Gius.Laterza & Figli Spa. This book was released on 2012-05-18T06:00:00+02:00 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una sintesi rigorosa e di ampio respiro che ricostruisce in modo efficace la storia degli ordinamenti giuridici europei.«Occasione preziosa, se appena se ne scorrono le pagine, o soltanto l'indice, il libro di Caravale: dove la storia del diritto trova un'intrinseca unità, e raccoglie sviluppo delle fonti, fatti politici, forma e metodi della scienza, crisi e rinascite. La scienza giuridica torna in tutti, o quasi tutti, i capitoli del libro, come luogo della coscienza più acuta e riflessiva. La scienza, o che concorra nel determinare il corso storico o che soltanto lo interpreti e rispecchi, esprime l'autocoscienza di un evento o di un'età. Il libro di Caravale insegna che essa non è un rigido sapere, un metodo applicabile sempre e su qualsiasi testo, ma una formazione nella storia e della storia».Natalino Irti
Author : Paolo Scotton
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443858463
Total Pages : 185 pages
Book Rating : 4.4/5 (438 download)
Download or read book Tracing the Path of Tolerance written by Paolo Scotton and published by Cambridge Scholars Publishing. This book was released on 2016-12-14 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the globalized, postmodern world, the production of encounters and crashes between dissimilar cultures, ways of life, and systems of values has drastically increased in number. More and more frequently, they originate harsh conflicts, exhibiting the existence of alternative and apparently incompatible ways of living and thinking – culturally, religiously, economically and politically speaking. In this context, words as tolerance and intolerance have been put at the heart of the political debate. However, what is the real meaning of these political concepts? Why did they originate and how did the developed over time? Do they still represent a valid resource for comprehending our current societies and dealing with them? Through the different voices of several scholars in the humanities, this book traces the history of tolerance since the wars of religion to the contemporary age, combining the historical reconstruction with a theoretical and critical analysis of the idea and practice of tolerance in different epochs and places. The obstacle course depicted here reveals the constitutive fragility of this concept that, however, cannot be totally dismissed from our political vocabulary.
Author : Adriano Prosperi
Publisher : Harvard University Press
ISBN 13 : 0674240278
Total Pages : 657 pages
Book Rating : 4.6/5 (742 download)
Download or read book Crime and Forgiveness written by Adriano Prosperi and published by Harvard University Press. This book was released on 2020-07-14 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative analysis of how Christianity helped legitimize the death penalty in early modern Europe, then throughout the Christian world, by turning execution into a great cathartic public ritual and the condemned into a Christ-like figure who accepts death to save humanity. The public execution of criminals has been a common practice ever since ancient times. In this wide-ranging investigation of the death penalty in Europe from the fourteenth to the eighteenth century, noted Italian historian Adriano Prosperi identifies a crucial period when legal concepts of vengeance and justice merged with Christian beliefs in repentance and forgiveness. Crime and Forgiveness begins with late antiquity but comes into sharp focus in fourteenth-century Italy, with the work of the Confraternities of Mercy, which offered Christian comfort to the condemned and were for centuries responsible for burying the dead. Under the brotherhoods’ influence, the ritual of public execution became Christianized, and the doomed person became a symbol of the fallen human condition. Because the time of death was known, this “ideal” sinner could be comforted and prepared for the next life through confession and repentance. In return, the community bearing witness to the execution offered forgiveness and a Christian burial. No longer facing eternal condemnation, the criminal in turn publicly forgave the executioner, and the death provided a moral lesson to the community. Over time, as the practice of Christian comfort spread across Europe, it offered political authorities an opportunity to legitimize the death penalty and encode into law the right to kill and exact vengeance. But the contradictions created by Christianity’s central role in executions did not dissipate, and squaring the emotions and values surrounding state-sanctioned executions was not simple, then or now.
Author : Inesa Šeškauskienė
Publisher : Cambridge Scholars Publishing
ISBN 13 : 152757864X
Total Pages : 260 pages
Book Rating : 4.5/5 (275 download)
Download or read book Metaphor in Legal Discourse written by Inesa Šeškauskienė and published by Cambridge Scholars Publishing. This book was released on 2022-02-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.
Author : Mario Ascheri
Publisher : BRILL
ISBN 13 : 9004252568
Total Pages : 443 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Laws of Late Medieval Italy (1000-1500) written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
ISBN 13 : 3030247058
Total Pages : 315 pages
Book Rating : 4.0/5 (32 download)
Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Author : Gianfrancesco Zanetti
Publisher : Springer Nature
ISBN 13 : 3031355539
Total Pages : 136 pages
Book Rating : 4.0/5 (313 download)
Download or read book Equality and Vulnerability in the Context of Italian Political Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-09-17 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories. The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness. The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”). The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
