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The Legacy Of Roman Law In The German Romantic Era
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Book Synopsis The Legacy of Roman Law in the German Romantic Era by : James Q. Whitman
Download or read book The Legacy of Roman Law in the German Romantic Era written by James Q. Whitman and published by Princeton University Press. This book was released on 2014-07-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The Gift of Science by : Roger BERKOWITZ
Download or read book The Gift of Science written by Roger BERKOWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
Book Synopsis The Historical and Institutional Context of Roman Law by : George Mousourakis
Download or read book The Historical and Institutional Context of Roman Law written by George Mousourakis and published by Routledge. This book was released on 2017-03-02 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.
Book Synopsis German History 1789-1871 by : Eric Dorn Brose
Download or read book German History 1789-1871 written by Eric Dorn Brose and published by Berghahn Books. This book was released on 2013-08 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: During recent years, there has been a noticeable increase in interest in the nineteenth century, resulting in many fine monographs. However, these studies often gravitate toward Prussia or treat Germany's southern and northern regions as separate entities or else are thematically compartmentalized. This book overcomes these divisions, offering a wide-ranging account of this revolutionary century and skillfully combining narrative with analysis. Its lively style makes it very accessible and ideal for all students of nineteenth-century Germany.
Book Synopsis Borkowski's Textbook on Roman Law by : Paul J. du Plessis
Download or read book Borkowski's Textbook on Roman Law written by Paul J. du Plessis and published by Oxford University Press, USA. This book was released on 2020 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.
Book Synopsis The History and Growth of Judicial Review, Volume 2 by : Steven G. Calabresi
Download or read book The History and Growth of Judicial Review, Volume 2 written by Steven G. Calabresi and published by Oxford University Press. This book was released on 2021 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--
Book Synopsis The History and Growth of Judicial Review, Volume 2 by : Steven Gow Calabresi
Download or read book The History and Growth of Judicial Review, Volume 2 written by Steven Gow Calabresi and published by Oxford University Press. This book was released on 2021-04-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.
Download or read book Law's History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Book Synopsis Roman Law in European History by : Peter Stein
Download or read book Roman Law in European History written by Peter Stein and published by Cambridge University Press. This book was released on 1999-05-13 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Roman law has influenced European legal and political thought from antiquity to the present day.
Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Book Synopsis Principle and Pragmatism in Roman Law by : Benjamin Spagnolo
Download or read book Principle and Pragmatism in Roman Law written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Book Synopsis A History of Water Rights at Common Law by : Joshua Getzler
Download or read book A History of Water Rights at Common Law written by Joshua Getzler and published by Oxford Studies in Modern Legal. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Book Synopsis The Oxford Handbook of German Philosophy in the Nineteenth Century by : Michael N. Forster
Download or read book The Oxford Handbook of German Philosophy in the Nineteenth Century written by Michael N. Forster and published by OUP Oxford. This book was released on 2015-02-05 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of German Philosophy in the Nineteenth Century is the first collective critical study of this important period in intellectual history. The volume is divided into four parts. The first part explores individual philosophers, including Fichte, Hegel, Schopenhauer, Marx, and Nietzsche, amongst other great thinkers of the period. The second addresses key philosophical movements: Idealism, Romanticism, Neo-Kantianism, and Existentialism. The essays in the third part engage with different areas of philosophy that received particular attention at this time, including philosophy of nature, philosophy of mind, philosophy of language, philosophy of history, and hermeneutics. Finally, the contributors turn to discuss central philosophical topics, from skepticism to mat-erialism, from dialectics to ideas of historical and cultural Otherness, and from the reception of antiquity to atheism. Written by a team of leading experts, this Handbook will be an essential resource for anyone working in the area and will lead the direction of future research.
Book Synopsis Roman Law and the Origins of the Civil Law Tradition by : George Mousourakis
Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
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 Oxford Handbook of the History of International Law by : Bardo Fassbender
Download or read book The Oxford Handbook of the History of International Law written by Bardo Fassbender and published by Oxford University Press. This book was released on 2012-11 with total page 1269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.
Book Synopsis Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century by : Michael H. Hoeflich
Download or read book Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century written by Michael H. Hoeflich and published by University of Georgia Press. This book was released on 1997 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
