Download or read book An Historical Introduction to Private Law written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1992-03-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the rise and development of present-day private law.
Download or read book Politics of Codification written by Brian Young and published by McGill-Queen's Press - MQUP. This book was released on 1994-11-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young interprets codification as part of a larger process that included the collapse of the Lower Canadian rebellions, the decline of seigneurialism, expansion of bourgeois democracy in central Canada, professionalization of the bar, and formation of the institutional state. Central to codification was a profound ideological shift in Lower Canadian society that gave priority to exchange and individual property rights. Young examines the evolution of codification from its nationalist origins in the 1820s and 1830s into a Civil Code that was integral to Confederation and became a flagship of bilingualism in Quebec. The formation of the commission, the work of the codifiers, and the reaction of the anglophone minority and the Roman Catholic hierarchy are considered, as is the Code's meticulous blending of a conservative social vision with the principles of freedom of property. The Politics of Codification will be of great interest to students of law, members of the legal professions, and Canadian social and legal historians.
Download or read book Histoire du droit savant 13e 18e si cle written by Robert Feenstra and published by Taylor & Francis. This book was released on 2023-07-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orléans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisième sélection d'articles de Robert Feenstra complète les deux précédentes; elle constitue la suite de ses études sur les doctrines de droit privé et sur des textes se rapportant à l'enseignement universitaire du XIIIe jusqu'au XVIIIe siècle. Dans la section consacrée au droit privé, quelques articles s'occupent en premier lieu du moyen âge, d'autres focalisent sur Hugo Grotius. La propriété est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalité juridique (notamment par rapport aux fondations) et de la responsabilité civile (y compris la responsabilité du fait d'autrui). Les études sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siècle. La première est consacrée à un professeur de droit civil peu connu de l'université d'Orléans et à son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traités appartenant à la "vulgarisation" du droit savant (droit romain et droit canonique au moye
Download or read book Recueil Des Cours Collected Courses 1934 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution of Western Private Law written by Alan Watson and published by JHU Press. This book was released on 2003-05-22 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Evolution of Western Private Law, renowned legal scholar Alan Watson presents a comprehensive overview of legal change in the Western world. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots—such as those of the Romans and of Germanic tribes—come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law (1985), this expanded edition has been completely restructured with more than double the number of examples. The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.
Download or read book To Have and to Hold written by Philip L. Reynolds and published by Cambridge University Press. This book was released on 2007-02-05 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2007 book analyzes how, why, and when pre-modern Europeans documented their marriages - through property deeds, marital settlements, dotal charters, church court depositions, wedding liturgies, and other indicia of marital consent. The authors consider both the function of documentation in the process of marrying and what the surviving documents say about pre-modern marriage and how people in the day understood it. Drawing on archival evidence from classical Rome, medieval France, England, Iceland, and Ireland, and Renaissance Florence, Douai, and Geneva, the volume provides a rich interdisciplinary analysis of the range of marital customs, laws, and practices in Western Christendom. The chapters include freshly translated specimen documents that bring the reader closer to the actual practice of marrying than the normative literature of pre-modern theology and canon law.
Download or read book Homo Juridicus written by Alain Supiot and published by Verso Books. This book was released on 2017-03-07 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implemented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become 'flat' and undifferentiated, regulated only by supposed 'laws' of science and the economy, and peopled by contract-makers driven by only the calculation of their individual interests.
Download or read book Preclassical Conflict of Laws written by Nikitas E. Hatzimihail and published by Cambridge University Press. This book was released on 2021-07-22 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
Download or read book Rural Economy and Country Life in the Medieval West written by Georges Duby and published by University of Pennsylvania Press. This book was released on 1998-01-29 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most important, imaginative, solidly documented, well written books of medieval history that I have ever read. . . . It offers a unique combination of synthetic power and analytic perception, of bold judgment and Cartesian doubt, of hard economic facts and subtle psychological considerations."--
Download or read book American Pentimento written by Patricia Seed and published by U of Minnesota Press. This book was released on 2001 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The modern regulations and pervading attitudes that control native rights in the Americas may appear unrelated to the European colonial rule, but traces of the colonizers' cultural, religious, and economic agendas remain. Patricia Seed likens this situation to a pentimento - a painting in which traces of older compositions become visible over time -and shows how the exploitation begun centuries ago continues today. Seed examines how the goals of European colonialist in the Americas. The English appropriated land, while the Spanish and Portuguese attempted to eliminate "barbarous" religious behavior and used indigenous labor to take mineral resources. Ultimately, each approach denied native people distinct aspects of their heritage. Seed argues that their differing effects persist, with natives in former English colonies fighting for land rights, while those in former Spanish and Portuguese colonies fight for human dignity." -- Book jacket.
Download or read book Authority and Sexuality in Early Modern Burgundy 1550 1730 written by James Richard Farr and published by Oxford University Press, USA. This book was released on 1995 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Catholic Reform penetrated and was institutionalized in Early Modern France, legal codes reached further than before into realms of moral behavior. James Farr reveals how Burgundy's dominant, elite legal community attempted to impose new laws and regulations to recover a social order they believed had been destroyed in the upheavals of the sixteenth century.
Download or read book The Origins of Corporations written by Germain Sicard and published by Yale University Press. This book was released on 2015-01-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully modern corporations appeared in fourteenth-century Toulouse, much earlier than previously believed Germain Sicard proves that Europe's first corporations were fourteenth-century mill companies operating in Toulouse, rather than seventeenth-century English and Dutch trading companies as commonly believed. He shows that the corporate form derives from a unique ownership contract from Medieval Europe called pariage, and a culture of strong property rights and municipal self-governance. Based on archival research, Sicard's 1952 thesis has been translated into English with an introduction that places the work in the context of new institutional economics and legal theory. It is an important contribution to research on the history and legal origins of the corporation.
Download or read book Early Modern Debts written by Laura Kolb and published by Springer Nature. This book was released on 2020-11-30 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Modern Debts: 1550–1700 makes an important contribution to the history of debt and credit in Europe, creating new transnational and interdisciplinary perspectives on problems of debt, credit, trust, interest, and investment in early modern societies. The collection includes essays by leading international scholars and early career researchers in the fields of economic and social history, legal history, literary criticism, and philosophy on such subjects as trust and belief; risk; institutional history; colonialism; personhood; interiority; rhetorical invention; amicable language; ethnicity and credit; household economics; service; and the history of comedy. Across the collection, the book reveals debt’s ubiquity in life and literature. It considers debt’s function as a tie between the individual and the larger group and the ways in which debts structured the home, urban life, legal systems, and linguistic and literary forms.
Download or read book The King s Bench written by Zoë A. Schneider and published by University Rochester Press. This book was released on 2008 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of kings' courts and lords' courts in Normandy that opens a new chapter in the debate over absolutism, sovereignty, and the nature of the state in early modern France. Hidden deep in the countryside of France lay early modern Europe's largest bureaucracy: twenty- to thirty-thousand royal bailiwick and seigneurial courts that served more than eighty-five percent of the king's subjects. The crowncourts and lords' courts were far more than arenas of litigation, in the modern sense. They had become the nexus of local governance by the middle of the seventeenth century, a rich breeding ground for men who controlled the villages, towns, and bailiwicks of France. Yet even as the centralizing state was reaching its zenith under Louis XIV, the king's largest permanent bureaucracy became increasingly alienated and cut adrift from the crown, many decades before the French Revolution. In The King's Bench, Zoë Schneider vividly brings to life the teeming world of the local courts, with their magistrates and jailers, townspeople and peasants. Together they contested that vital border where the private world of families and property collided with the public commonwealth. Schneider chronicles the transformation of local governance after the mid-seventeenth century, as judges and their courts became the face of public order in the countryside. With this richly detailed local study of Normandy in the seventeenth and early-eighteenth centuries, Zoë Schneider opens a new chapter in the debate over absolutism, sovereignty, and the nature of the state in early modern France. Zoë A. Schneider has taught at Georgetown University and with the Smithsonian Institution in Washington, D.C.
Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Download or read book The Gargantuan Polity written by Michael Randall and published by University of Toronto Press. This book was released on 2008-11-18 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics and scholars have long argued that the Renaissance was the period that gave rise to the modern individual. The Gargantuan Polity examines political, legal, theological, and literary texts in the late Middle Ages, to show how individuals were defined by contracts of mutual obligation, which allowed rulers to hold power due to approval of their subjects. Noting how the relationship between rulers and individuals changed with the rise of absolute monarchy, Michael Randall provides significant insight into Renaissance culture and politics by showing how individuals went from being understood in terms of their objective relations with the community to subjective beings. By studying this evolution, he challenges the argument that subjectivity enabled modern political autonomy to come into existence, and instead argues that subjectivity might have disempowered the outwardly directed and highly political individuals of the late Middle Ages. A profound and detailed study of one of the most drastic periods of change, The Gargantuan Polity will be of interest to scholars of French literature, the Renaissance, and intellectual history.
