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Author : Rudolph von Jhering
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.E/5 ( download)
Download or read book Geist Des Römischen Rechts Auf Den Verschiedenen Stufen Seiner Entwicklung written by Rudolph von Jhering and published by . This book was released on 1898 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Renato Beneduzi
Publisher : Springer Nature
ISBN 13 : 3030780678
Total Pages : 180 pages
Book Rating : 4.0/5 (37 download)
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).
Author : Gaius
Publisher :
ISBN 13 :
Total Pages : 738 pages
Book Rating : 4.A/5 ( download)
Download or read book Gai Institutiones, Or, Institutes of Roman Law written by Gaius and published by . This book was released on 1904 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Johan van der Walt
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110248034
Total Pages : 450 pages
Book Rating : 4.1/5 (12 download)
Download or read book The Horizontal Effect Revolution and the Question of Sovereignty written by Johan van der Walt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-08-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.
Author : United States. Dept. of Justice. Library
Publisher :
ISBN 13 :
Total Pages : 1492 pages
Book Rating : 4.7/5 (163 download)
Download or read book Catalogue of the Library of the Department of Justice to September 1, 1904 written by United States. Dept. of Justice. Library and published by . This book was released on 1904 with total page 1492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : E.F. Oeser
Publisher : Springer Science & Business Media
ISBN 13 : 9401715025
Total Pages : 222 pages
Book Rating : 4.4/5 (17 download)
Download or read book Evolution and Constitution written by E.F. Oeser and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Author : Rudolf von Jhering
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.5/5 (322 download)
Download or read book Geist des römischen Rechts auf den verschiedenen Stufen seiner Entwicklung written by Rudolf von Jhering and published by . This book was released on 1869 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Johnston
Publisher : Cambridge University Press
ISBN 13 : 0521895642
Total Pages : 555 pages
Book Rating : 4.5/5 (218 download)
Download or read book The Cambridge Companion to Roman Law written by David Johnston and published by Cambridge University Press. This book was released on 2015-02-23 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.
Author : Goran Lind
Publisher : Oxford University Press
ISBN 13 : 0199710538
Total Pages : 1246 pages
Book Rating : 4.1/5 (997 download)
Download or read book Common Law Marriage written by Goran Lind and published by Oxford University Press. This book was released on 2008-09-02 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extraordinary recent increase in rates of cohabitation and non-marital birth presents a major challenge to traditional family law principles, and the legal rules governing cohabitation are thus among the most hotly contested areas of family law and policy today. In many nations, courts, legislatures, and law-reform bodies are "reinventing" common law marriage, seemingly without any sense of its history, doctrinal development, or limitations. The current law surrounding common law marriage is extremely complex. Professor Göran Lind has undertaken the demanding task of writing the most well-researched text on this topic to date. Separated into three Parts, Common Law Marriage covers the origins of the doctrine, its legal aspects in modern America, and the future of cohabitation law across the globe and in the 11 American jurisdictions that currently recognize common law marriage. It provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes over 2,000 American cases which have utilized the doctrine. This timely book is an excellent resource for scholars, legislators, and policymakers who are interested in the complex legalities of common law marriage.
Author : Abel Hendy Jones Greenidge
Publisher : New York, Macmillan
ISBN 13 :
Total Pages : 518 pages
Book Rating : 4.3/5 (91 download)
Download or read book Roman Public Life written by Abel Hendy Jones Greenidge and published by New York, Macmillan. This book was released on 1901 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Clifford Ando
Publisher : University of Michigan Press
ISBN 13 : 0472126644
Total Pages : 215 pages
Book Rating : 4.4/5 (721 download)
Download or read book The Discovery of the Fact written by Clifford Ando and published by University of Michigan Press. This book was released on 2020-08-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?
Author : Daniel A. Washburn
Publisher : Routledge
ISBN 13 : 0415529255
Total Pages : 252 pages
Book Rating : 4.4/5 (155 download)
Download or read book Banishment in the Later Roman Empire, 284-476 CE written by Daniel A. Washburn and published by Routledge. This book was released on 2013 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a reconstruction and interpretation of banishment in the final era of a unified Roman Empire, 284-476 CE. Author Daniel Washburn argues that exile was both a penalty and a symbol. In its sources, this work employs evidence from legal as well as literary materials to forge a complete picture of exile. To harvest all possible information from the period, it considers elements from the arenas of the early church and the Roman Empire. Methodologically, it situates ancient Christianity within the Roman world, while remaining sensitive to the distinct views and roles held by late antique bishops. While banishment played a major role in the history of the Later Empire, no work of scholarship has treated it as a topic in its own right.
Author : Reinhard Zimmermann
Publisher : Clarendon Press
ISBN 13 : 9780198764267
Total Pages : 1316 pages
Book Rating : 4.7/5 (642 download)
Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Author : Reece Lewis
Publisher : Edward Elgar Publishing
ISBN 13 : 1800379145
Total Pages : 200 pages
Book Rating : 4.8/5 (3 download)
Download or read book Legal Fictions in International Law written by Reece Lewis and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
Author : Beryl Rawson
Publisher : John Wiley & Sons
ISBN 13 : 1444390759
Total Pages : 676 pages
Book Rating : 4.4/5 (443 download)
Download or read book A Companion to Families in the Greek and Roman Worlds written by Beryl Rawson and published by John Wiley & Sons. This book was released on 2010-12-09 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Families in the Greek and Roman Worlds draws from both established and current scholarship to offer a broad overview of the field, engage in contemporary debates, and pose stimulating questions about future development in the study of families. Provides up-to-date research on family structure from archaeology, art, social, cultural, and economic history Includes contributions from established and rising international scholars Features illustrations of families, children, slaves, and ritual life, along with maps and diagrams of sites and dwellings Honorable Mention for 2011 Single Volume Reference/Humanities & Social Sciences PROSE award granted by the Association of American Publishers
Author : Catherine Hezser
Publisher : Taylor & Francis
ISBN 13 : 1315280957
Total Pages : 746 pages
Book Rating : 4.3/5 (152 download)
Download or read book The Routledge Handbook of Jews and Judaism in Late Antiquity written by Catherine Hezser and published by Taylor & Francis. This book was released on 2024-01-24 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the major issues and debates in the study of Jews and Judaism in late antiquity (third to seventh century C.E.), providing cutting-edge surveys of the state of scholarship, main topics and research questions, methodological approaches, and avenues for future research. Based on both Jewish and non-Jewish literary and material sources, this volume takes an interdisciplinary approach involving historians of ancient Judaism, scholars of rabbinic literature, archaeologists, epigraphers, art historians, and Byzantinists. Developments within Jewish society and culture are viewed within the respective regional, political, cultural, and socioeconomic contexts in which they took place. Special focus is given to the impact of the Christianization of the Roman Empire on Jews, from administrative, legal, social, and cultural points of view. The contributors examine how the confrontation with Christianity changed Jewish practices, perceptions, and organizational structures, such as, for example, the emergence of local Jewish communities around synagogues as central religious spaces. Special chapters are devoted to the eastern and western Jewish Diaspora in Late Antiquity, especially Sasanian Persia but also Roman Italy, Egypt, Syria and Arabia, North Africa, and Asia Minor, to provide a comprehensive assessment of the situation and life experiences of Jews and Judaism during this period. The Routledge Handbook of Jews and Judaism in Late Antiquity is a critical and methodologically sophisticated survey of current scholarship aimed primarily at students and scholars of Jewish Studies, Study of Religions, Patristics, Classics, Roman and Byzantine Studies, Iranology, History of Art, and Archaeology. It is a valuable resource for anyone interested in Judaism and Jewish history.
Author : Theodore Ziolkowski
Publisher : Princeton University Press
ISBN 13 : 0691187746
Total Pages : 337 pages
Book Rating : 4.6/5 (911 download)
Download or read book The Mirror of Justice written by Theodore Ziolkowski and published by Princeton University Press. This book was released on 2018-06-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies major works of literature from classical antiquity to the present that reflect crises in the evolution of Western law: the move from a prelegal to a legal society in The Eumenides, the Christianization of Germanic law in Njal's Saga, the disenchantment with medieval customary law in Reynard the Fox, the reception of Roman law in a variety of Renaissance texts, the conflict between law and equity in Antigone and The Merchant of Venice, the eighteenth-century codification controversy in the works of Kleist, the modern debate between "pure" and "free" law in Kafka's The Trial and other fin-de-siècle works, and the effects of totalitarianism, the theory of universal guilt, and anarchism in the twentieth century. Using principles from the anthropological theory of legal evolution, the book locates the works in their legal contexts and traces through them the gradual dissociation over the centuries of law and morality. It thereby associates and illuminates these masterpieces from an original point of view and contributes a new dimension to the study of literature and law. In contrast to prevailing adherents of Law-and-Literature, this book professes Literature-and-Law, in which the emphasis is historical rather than theoretical, substantive rather than rhetorical, and literary rather than legal. Instead of adducing the literary work to illustrate debates about modern law, this book consults the history of law as an essential aid to the understanding of the literary text and its conflicts.
