Download or read book L ordine giuridico medievale written by Paolo Grossi and published by Gius.Laterza & Figli Spa. This book was released on 2017-07-06T00:00:00+02:00 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'esperienza giuridica medievale si pone come un pianeta separato e distinto da quello moderno: un insieme di valori fortemente incisivi e largamente diffusi creano una particolare mentalità giuridica e impongono precise scelte e soluzioni per i grandi problemi della vita associata. Su questa base Paolo Grossi ricostruisce magistralmente tale mentalità, assumendo a sue fedeli cifre espressive in primo luogo i vari istituti che organizzano la vita di ogni giorno, ciò che oggi noi chiameremmo 'diritto privato'. Ne emerge una civiltà intimamente giuridica, perché fondata su un ordine che è offerto dal diritto e che sul diritto si incardina. A fronte di una tumultuosa superficie politico-sociale, fa spicco la saldezza e la stabilità della costituzione sottostante, l'ordine giuridico appunto, garanzia e salvataggio della civiltà medievale. E, per questo, uno dei suoi messaggi storici più vivi e vitali.
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 The Politics of Law in Late Medieval and Renaissance Italy written by Lawrin David Armstrong and published by University of Toronto Press. This book was released on 2011-01-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law in Late Medieval and Renaissance Italy features original contributions by international scholars on the fortieth anniversary of the publication of Lauro Martines' Lawyers and Statecraft in Renaissance Florence, which is recognized as a groundbreaking study challenging traditional approaches to both Florentine and legal history. Essays by leading historians examine the professional, social, and political functions of Italian jurists from the thirteenth to the late fifteenth centuries. The volume also examines the use of emergency powers, the critical role played by jurists in mediating the rule of law, and the adjudication of political crimes. The Politics of Law in Late Medieval and Renaissance Italy provides both an assessment of Martines' pioneering archival scholarship as well as fresh insights into the interplay of law and politics in late medieval and Renaissance Italy.
Download or read book Jurists and Jurisprudence in Medieval Italy written by Osvaldo Cavallar and published by University of Toronto Press. This book was released on 2020-10-01 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Download or read book The Decline of Private Law written by Gonçalo de Almeida Ribeiro and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.
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 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 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 Digitization Copyright and the Law written by Ettore M. Lombardi and published by Taylor & Francis. This book was released on 2024-09-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses copyleft and its impact on the traditional way to conceive of property. It is specifically focused on the European and international juridical framework. Analysing the impact of digitalization on copyright and the potential effect of copyleft in the European market and within a European and international juridical framework, this book explores the complex evolutionary framework which charts the reduction of physical property and the progressive expansion of intangible assets. Although digitalization enables more accessibility than ever before, this impacts traditional intellectual property frameworks. Evaluating common traits of ownership structure, the book considers the challenges that intangible property, open source and creative commons present to the current legal system. Examining the impact of copyleft on copyright and the law of ownership, the book considers the rights of authors and creators, legal limits and complications arising from these new forms of ownership of intangible assets. The book is grounded in the European potential regulatory framework of copyleft through movements like open-source software. The book will be of interest to students, academics and practitioners with an interest in contract law, property law and intellectual property law.
Download or read book De rebus divinis et humanis written by Harry Dondorp and published by V&R Unipress. This book was released on 2019-05-20 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im April 2019 wird Jan Hallebeek emeritiert. Damit endet seine aktive Laufbahn als von der Royal Netherlands Academy of Arts and Sciences (1989–1999) finanzierter Forscher, als Extraordinarius an der Theologischen Fakultät der Universität Utrecht (1997–2006) und zuletzt als Professor für Rechtsgeschichte an der Vrije Universiteit Amsterdam (seit 1999). Die Stationen seiner Tätigkeit spiegeln zwei seiner Schwerpunkte wieder: die Kirchen(rechts)geschichte einerseits und das klassische römische Recht und die Geschichte des römischen Rechts in Europa andererseits. In glücklicher Weise konnte Jan Hallebeek sein Engagement für die Altkatholische Kirche mit seiner Arbeit als Forscher verbinden. Die Beiträger greifen das breite rechtshistorische und kirchenrechtliche Spektrum auf, das der Jubilar in seiner eigenen Arbeit aufgespannt hat. Jan Hallebeek will become emeritus in April 2019. That will mark an end to his professional career as Researcher and Lecturer on a Royal Netherlands Academy of Arts and Sciences post (1989–1999), as Professor Extraordinarius at the Theological Faculty of the University of Utrecht (1997–2006), and as Professor on the Chair of Legal History at the Vrije Universiteit Amsterdam (from 1999 onwards). These positions reflect two focal points of his research: on the one hand Church history and Canon Law, on the other hand classical and particularly medieval Roman law and their history. They matched very felicitously his engagement for and in the Old-Catholic Church. The contributions centre on the themes and questions the honorand has pursued in his work till now.
Download or read book The Right to be Oneself written by Guido Alpa and published by Bloomsbury Publishing. This book was released on 2024-06-13 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.
Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of a series on European Union Law, it provides a detailed overview of the development of a new European Common Law. The authors deal with the transposition of concepts and the problem of translation. Each chapter is accompanied by a bibliography in Italian as well as in English, French and German suggesting further reading in each area.
Download or read book The Making of a Court Society written by Rita Costa Gomes and published by Cambridge University Press. This book was released on 2003-04-10 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Download or read book Social Mobility in Medieval Italy 1100 1500 written by AA. VV. and published by Viella Libreria Editrice. This book was released on 2021-07-27T12:14:00+02:00 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume aims to investigate the complex theme of social mobility in medieval Italy both by comparing Italian research to contemporary international studies in various European contexts, and by analysing a broad range of themes and specific case studies. Medieval social mobility as a European phenomenon, in fact, still awaits a systematic analysis, and has seldom been investigated iuxta propria principia in social, political and economic history. The essays in the book deal with a number of crucial problems: how is social mobility investigated in European and Mediterranean contexts? How did classic mobility channels such as the Church, officialdom, trade, the law, the lordship or diplomacy contribute to shaping the many variables at play in late medieval societies, and to changing – and challenging – inequality? How did movements and changes in social spaces become visible, and what were their markers? What were the dynamics at the heart of the processes of social mobility in the many territorial contexts of the Italian peninsula?
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 Debating Medieval Natural Law written by Riccardo Saccenti and published by University of Notre Dame Pess. This book was released on 2016-10-15 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.
Download or read book Juridical Perspectives between Islam and the West written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
