Download or read book Medieval Sovereignty written by Francesco Maiolo and published by Eburon Uitgeverij B.V.. This book was released on 2007 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medieval Sovereignty examines the idea of sovereignty in the Middle Ages and asks if it can be considered a fundamental element of medieval constitutional order. Francesco Maiolo analyzes the writings of Marsilius of Padua (1275/80-1342/43) and Bartolous of Saxoferrato (1314-57) and assesses their relative contributions as early proponents of popular sovereignty. Both are credited with having provided the legal justification for medieval popular government. Maiolo's cogent reconsideration of this primacy is an important addition to current medieval studies.
Download or read book French Books III IV FB 2 vols written by Andrew Pettegree and published by BRILL. This book was released on 2011-10-14 with total page 1964 pages. Available in PDF, EPUB and Kindle. Book excerpt: French Books III & IV complete a comprehensive bibliographical survey of all books published in France in the first age of print. It lists over 40,000 editions printed in France in languages other than French during the fifteenth and sixteenth centuries together with bibliographical references, an introduction and indexes. It draws on the analysis of over 3,000 collections situated in libraries throughout the world. French Books will be an invaluable research tool for all students and scholars interested in the history, culture and literature of France, as well as historians of the early modern book world. For vols. I & II please go to French Vernacular Books.
Download or read book Post 9 11 and the State of Permanent Legal Emergency written by Aniceto Masferrer and published by Springer Science & Business Media. This book was released on 2012-05-09 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.
Download or read book Catalogus Bibliothecae Harleianae written by and published by . This book was released on 1743 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Download or read book Hugo Grotius Mare Liberum 1609 2009 written by Robert Feenstra and published by BRILL. This book was released on 2009-12-07 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quadricentenary of Hugo Grotius’ Mare liberum (1609-2009) offered the opportunity to publish a reliable critical edition – combined with a revised English translation – of Grotius’ first publication in the field of international law. Starting from a comparison with the autographic manuscript, Robert Feenstra undertook a verification of the text of the first and only authorised edition – in particular of the numerous marginal references – resulting in many corrections and further annotations. In his ‘Editor’s Introduction’, he explains the history of the later editions of the Latin text and the translations of Mare liberum. Jeroen Vervliet’s ‘General Introduction’ aims at providing a better understanding of the circumstances in which Hugo Grotius wrote this work; it elucidates the legal argument used by Grotius, and the reaction of his contemporary opponents.
Download or read book Shame Blame and Culpability written by Judith Rowbotham and published by Routledge. This book was released on 2013-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of research-based chapters addresses the themes of shame, blame and culpability in their historical perspective in the broad area of crime, violence and the modern state, drawing on less familiar territories such as Russia and Greece, not just on material from familiar locations in western Europe. Ranging from the early modern to the late twentieth century, the collection has implications for how we understand punishments imposed by states or the community today. Shame, blame and culpability is divided into three sections, with a crucial case study part complementing two theoretical parts on shame, and on blame and culpability; exploring the continuance of shaming strategies and examining their interaction with and challenge to 'modern' state-sponsored blaming mechanisms, including allocations of culpability. The collection includes chapters on the deviant body, capital punishment and, of particular interest, Russian case studies, which demonstrate the extent to which the Russian, like the Greek, experience need to be seen as part of a wider European whole when examining ideas and themes. The volume challenges ideas that shame strategies were largely eradicated in post-Enlightenment western states and societies; showing their survival into the twentieth century as a challenge to state dominance over identification of what constituted 'crime' and also over punishment practices. Shame, blame and culpability will be a key text for students and academics in the fields of criminology and crime, gender or European history.
Download or read book Creation of the Ius Commune written by John W. Cairns and published by Edinburgh University Press. This book was released on 2010-07-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2016-02-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin.
Download or read book Catalogue of the Printed Books in the Library of the University of Edinburgh written by Edinburgh University Library and published by Edinburgh : T. and A. Constable. This book was released on 1918 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contributory Negligence written by Emanuel van Dongen and published by Martinus Nijhoff Publishers. This book was released on 2014-08-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Download or read book Catalogue of the Books in the Library of the Honourable Society of Gray s Inn written by Gray's Inn. Library and published by . This book was released on 1872 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Download or read book The Historical Foundations of Grotius Analysis of Delict written by Joe Sampson and published by Martinus Nijhoff Publishers. This book was released on 2017-11-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
Download or read book A Widow s Vengeance after the Wars of Religion written by Tom Hamilton and published by Oxford University Press. This book was released on 2024-01-16 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paris, 1599. At the end of the French Wars of Religion, the widow Renée Chevalier instigated the prosecution of the military captain Mathurin Delacanche, who had committed multiple acts of rape, homicide, and theft against the villagers who lived around her château near the cathedral city of Sens. But how could Chevalier win her case when King Henri IV's Edict of Nantes ordered that the recent troubles should be forgotten as 'things that had never been'? A Widow's Vengeance after the Wars of Religion is a dramatic account of the impact of the troubles on daily life. Based on neglected archival sources and an exceptional criminal trial, it recovers the experiences of women, peasants, and foot soldiers, who are marginalized in most historical studies. Tom Hamilton shows how this trial contributed to a wider struggle for justice and an end to violence in postwar France. People throughout the society of the Old Regime did not consider rape and pillage as inevitable consequences of war, and denounced soldiers' illicit violence when they were given the chance. As a result, the early modern laws of war need to be understood not only as the idealistic invention of great legal thinkers, but also as a practical framework that enabled magistrates to do justice for plaintiffs and witnesses, like Chevalier and the villagers who lived under her protection.
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).
