Download or read book The Laws of Late Medieval Italy 1000 1500 written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Download or read book Medieval Public Justice written by Massimo Vallerani and published by CUA Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.
Download or read book A History of European Law written by Paolo Grossi and published by John Wiley & Sons. This book was released on 2010-02-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals
Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Download or read book Absolutism in Renaissance Milan written by Jane Black and published by OUP Oxford. This book was released on 2009-10-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Absolutism in Renaissance Milan shows how authority above the law, once the preserve of pope and emperor, was claimed by the ruling Milanese dynasties, the Visconti and the Sforza, and why this privilege was finally abandoned by Francesco II Sforza (d. 1535), the last duke. As new rulers, the Visconti and the Sforza had had to impose their regime by rewarding supporters at the expense of opponents. That process required absolute power, also known as 'plenitude of power', meaning the capacity to overrule even fundamental laws and rights, including titles to property. The basis for such power reflected the changing status of Milanese rulers, first as signori and then as dukes. Contemporary lawyers, schooled in the sanctity of fundamental laws, were at first prepared to overturn established doctrines in support of the free use of absolute power: even the leading jurist of the day, Baldo degli Ubaldi (d. 1400), accepted the new teaching. However, lawyers came eventually to regret the new approach and to reassert the principle that laws could not be set aside without compelling justification. The Visconti and the Sforza too saw the dangers of absolute power: as legitimate princes they were meant to champion law and justice, not condone arbitrary acts that disregarded basic rights. Jane Black traces these developments in Milan over the course of two centuries, showing how the Visconti and Sforza regimes seized, exploited and finally relinquished absolute power.
Download or read book Deformit fi sica e identit della persona tra medioevo ed et moderna written by Gian Maria Varanini and published by Firenze University Press. This book was released on 2015 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, European historiography has actively dealt with the history of the body, thus giving depth and awareness to powerful stimuli coming from the dominant culture in the affluent society. Therefore, object of research has been not only the 'beautiful' body, but also the body of the common man, mutilated, deformed and imperfect. Through surveys in legal-regulatory, registry, iconographic, literary sources and in medical and physiognomic treatises and thanks to the participation of some of the major international specialists in the field, the volume intends to investigate these issues especially in the geographical, cultural and documentary context of Italy in the late Middle Ages and the early modern age, which has so far remained on the margins of this line of studies.
Download or read book The Justice of Venice written by James E Shaw and published by Oxford University Press. This book was released on 2006-04-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published for The British Academy.
Download or read book International Law at a Time of Perplexity written by Yoram Dinstein and published by BRILL. This book was released on 2024-01-08 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Violence and Emotions in Early Modern Europe written by Susan Broomhall and published by Routledge. This book was released on 2015-07-30 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence and Emotions in Early Modern Europe examines the purposes for which specific forms of violence and particular emotional states functioned, how they operated in relation to each other, or indeed how one provoked, sustained or diminished the other. These twelve original essays demonstrate the complexities of violence and emotions and the myriad possibilities of their inter-relationships. They emphasize the great efforts that were made by early modern societies to control modes of violence and emotional regimes to achieve positive as well as negative effects, such as creating order, healing, and bringing individuals and communities together around productive identities. Authors consider legal documents, news reports, memoirs, letters, confraternity statutes, and medical consultations to investigate the bodily and textual practices in which violent and emotional acts were created, supported and disseminated to investigate the power, aims, effect and outcomes of relationships between violence and emotions. The chapters look at a range of topics and countries including Renaissance Italy and sixteenth-century Germany, France in the grip of the religious wars, and England’s Civil Wars as well as a wide range of topics including murder, punishment, community healing, insults, threats, prophecy and medical and devotional practices. This collection will be essential reading for students and scholars of the history of emotions or violence.
Download or read book The Clash of Legitimacies written by Andrea Gamberini and published by Oxford University Press. This book was released on 2018-11-09 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clash of Legitimacies makes an innovative contribution to the history of the state-building process in late medieval Lombardy (during the 13th to 15th centuries), by illuminating myriad conflicts attending the legitimacy of power and authority at different levels of society. Through the analysis of the rhetorical forms and linguistic repertoires deployed by the many protagonists (not only the prince, but also the cities, communities, peasants, and political factions) to express their own ideals of shared political life, this volume reveals the depth of the conflicts in which opposing political actors were not only inspired by competing material interests - as in the traditional interpretation to be found in previous historiography - but also often were guided by differing concepts of authority. From this comes a largely new image of the late medieval and early Renaissance state, one without a monopoly of force - as has been shown in many studies since the 1970s - and one that did not even have the monopoly of legitimacy. The limitations of attempts by governors to present the political principles that inspired their acts as shared and universally recognized are revealed by a historical analysis firmly intent on investigating the existence, in particular territorial or social ambits, of other political cultures which based obedience to authority on different, and frequently original, ideals.
Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.
Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-07-04 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Download or read book Studia et documenta historiae et iuris written by and published by . This book was released on 1991 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Vindicatory Justice written by Raúl Márquez Porras and published by Springer Nature. This book was released on 2021-11-16 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
