Tradition, Codification and Unification

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Publisher :
ISBN 13 : 9781780682235
Total Pages : 0 pages
Book Rating : 4.6/5 (822 download)

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Book Synopsis Tradition, Codification and Unification by : J. H. A. Lokin

Download or read book Tradition, Codification and Unification written by J. H. A. Lokin and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two hundred years ago, many civil law jurisdictions adhered to exclusive national codifications of private law and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law and continued along lines of authoritative opinions, case law, and fragmented legislation. In contemporary days, the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin American, and South African jurisdictions provide perspectives on the role of substance, methodology, institutions, as well as individuals in developments of law towards the future. (Series: Ius Commune Europaeum - Vol. 128)

Regional Private Laws and Codification in Europe

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Publisher : Cambridge University Press
ISBN 13 : 1139438786
Total Pages : 335 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Regional Private Laws and Codification in Europe by : Hector L. MacQueen

Download or read book Regional Private Laws and Codification in Europe written by Hector L. MacQueen and published by Cambridge University Press. This book was released on 2003-10-16 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

The Making of the Civil Codes

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Publisher : Springer Nature
ISBN 13 : 981194993X
Total Pages : 415 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis The Making of the Civil Codes by : Michele Graziadei

Download or read book The Making of the Civil Codes written by Michele Graziadei and published by Springer Nature. This book was released on 2022-11-21 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.

The Genesis of Nineteenth-Century Civil Codes in the United States

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Publisher : BRILL
ISBN 13 : 9004689974
Total Pages : 290 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Genesis of Nineteenth-Century Civil Codes in the United States by : Julie Rocheton

Download or read book The Genesis of Nineteenth-Century Civil Codes in the United States written by Julie Rocheton and published by BRILL. This book was released on 2024-03-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

Roman Law and the Origins of the Civil Law Tradition

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Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 339 pages
Book Rating : 4.3/5 (191 download)

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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 339 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.

Great Legal Traditions

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Publisher :
ISBN 13 : 9781594609572
Total Pages : 676 pages
Book Rating : 4.6/5 (95 download)

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Book Synopsis Great Legal Traditions by : John Warren Head

Download or read book Great Legal Traditions written by John Warren Head and published by . This book was released on 2011 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

The Law of Obligations

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Publisher : Clarendon Press
ISBN 13 : 9780198764267
Total Pages : 1316 pages
Book Rating : 4.7/5 (642 download)

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Book Synopsis The Law of Obligations by : Reinhard Zimmermann

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.

The Creeping Codification of the New Lex Mercatoria

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131795
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Creeping Codification of the New Lex Mercatoria by : Klaus Peter Berger

Download or read book The Creeping Codification of the New Lex Mercatoria written by Klaus Peter Berger and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

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.

The Code Napoléon Rewritten

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Code Napoléon Rewritten by : John Cartwright

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.

Roman Law in European History

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Publisher : Cambridge University Press
ISBN 13 : 9780521643795
Total Pages : 152 pages
Book Rating : 4.6/5 (437 download)

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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 152 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.

The Political Systems of Empires

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Publisher : Routledge
ISBN 13 : 1351477153
Total Pages : 574 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Political Systems of Empires by : Shmuel N. Eisenstadt

Download or read book The Political Systems of Empires written by Shmuel N. Eisenstadt and published by Routledge. This book was released on 2017-07-31 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the prestigious MacIver Award when it was first published, this remains a towering work of modern political sociology, especially of macrosociology. Its main objective is comparative analysis of political commonalities found in different societies, both historical and present. The book seeks to find some pattern or laws in the structure and development of such systems. The imaginative use of data helps to bring order into what might otherwise be considered a speculative volume. The purpose of The Political Systems of Empires is to apply sociological concepts to the analysis of historical societies through the comparative analysis of a special type of political system. This analysis does not purport to be historical or descriptive. Its main objective is comparative analysis of political commonalities found in different societies. The book seeks to find some pattern or laws in the structure and development of such systems.

Legal engagement

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Publisher : Publications de l’École française de Rome
ISBN 13 : 2728314659
Total Pages : 546 pages
Book Rating : 4.7/5 (283 download)

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Book Synopsis Legal engagement by : Collectif

Download or read book Legal engagement written by Collectif and published by Publications de l’École française de Rome. This book was released on 2021-07-30 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.

Unification and Harmonization of International Commercial Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140751
Total Pages : 304 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unification and Harmonization of International Commercial Law by : Morten Fogt

Download or read book Unification and Harmonization of International Commercial Law written by Morten Fogt and published by Kluwer Law International B.V.. This book was released on 2012-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Perspectives for the Unification and Harmonisation of Family Law in Europe

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Author :
Publisher : Intersentia nv
ISBN 13 : 9050952879
Total Pages : 600 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Perspectives for the Unification and Harmonisation of Family Law in Europe by : Katharina Boele-Woelki

Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Ownership Paradigms in American Civil Law Jurisdictions

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Publisher : BRILL
ISBN 13 : 9004338209
Total Pages : 393 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Ownership Paradigms in American Civil Law Jurisdictions by : Agustín Parise

Download or read book Ownership Paradigms in American Civil Law Jurisdictions written by Agustín Parise and published by BRILL. This book was released on 2017-01-16 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.

Legal Traditions of the World

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Publisher : Oxford University Press, USA
ISBN 13 : 019966983X
Total Pages : 451 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Legal Traditions of the World by : H. Patrick Glenn

Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2014 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.