Download or read book Fondamenti di diritto romano Legal roots written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law in Eastern and Central Europe written by Aleksander W. Bauknecht and published by Cambridge Scholars Publishing. This book was released on 2014-07-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.
Download or read book Ricerche di diritto romano e di fondamenti di diritto europeo written by Giovanni Luchetti and published by . This book was released on 2021 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).
Download or read book Monographic Series written by Library of Congress and published by . This book was released on with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Europe Old Values written by Nada Bodiroga-Vukobrat and published by Springer. This book was released on 2015-11-17 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.
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:
Download or read book 2009 written by Massimo Mastrogregori and published by Walter de Gruyter GmbH & Co KG. This book was released on 2013-12-18 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by . This book was released on 2020-10-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Download or read book The Oxford Handbook of Roman Law and Society written by Paul J du Plessis and published by Oxford University Press. This book was released on 2016-09-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
Download or read book Sensibilities of the Risorgimento written by Roberto Romani and published by BRILL. This book was released on 2018-01-29 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A purely political framework does not capture the complexity of the culture behind Italians’ struggle for liberty and independence during the Risorgimento (1815-1861). Roberto Romani identifies the sensibilities associated with each of the two main political programmes, Mazzini’s republicanism and moderatism, which in fact were comprehensive projects for a political, moral, and religious resurgence. The moderates’ espousal of reason entailed an ideal personality expressed by private virtue, self-possession, and a public morality informed by Catholicism, while Mazzini’s advocacy of passions led to ‘enthusiasm’ and a total commitment to the cause. Romani demonstrates that the patriots’ moral quest rested on a thick cultural bedrock, dating back to Stoicism and the Catholic Aufklärung, and passing through Rousseau and the Revolution.
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Download or read book War and Peace written by Valentina Vadi and published by BRILL. This book was released on 2020-05-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Download or read book Revue internationale des droits de l antiquit written by and published by . This book was released on 1995 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Roman Foundations of the Law of Nations written by Benedict Kingsbury and published by Oxford University Press on Demand. This book was released on 2010-12-09 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Download or read book Publicans and Sinners written by Ernst Badian and published by . This book was released on 1972 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
