Download or read book Roman Law and the Idea of Europe written by Kaius Tuori and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.

Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Download or read book Roman Law in European History written by Peter Stein and published by Cambridge University Press. This book was released on 1999-05-13 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Download or read book The Spirit of Roman Law written by Alan Watson and published by University of Georgia Press. This book was released on 2008 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.

Download or read book Montesquieu and the Despotic Ideas of Europe written by Vickie B. Sullivan and published by University of Chicago Press. This book was released on 2017-09-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket.

Download or read book The Roman Law Tradition written by A. D. E. Lewis and published by Cambridge University Press. This book was released on 1994-04-07 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.

Download or read book The Historical and Institutional Context of Roman Law written by George Mousourakis and published by Routledge. This book was released on 2017-03-02 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.

Download or read book The Legacy of Roman Law in the German Romantic Era written by James Q. Whitman and published by Princeton University Press. This book was released on 2014-07-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Download or read book Roman Law in the State of Nature written by Benjamin Straumann and published by Cambridge University Press. This book was released on 2015-02-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.

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 The Twelve Tables written by Anonymous and published by Good Press. This book was released on 2019-12-05 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.

Download or read book European Legal History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2009-06-25 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

Download or read book Roman Law in Context written by David Johnston and published by Cambridge University Press. This book was released on 1999-09-28 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman Law in Context explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. The book discusses three main areas of Roman law and life: the family and inheritance; property and the use of land; commercial transactions and the management of businesses. It also deals with the question of litigation and how readily the Roman citizen could assert his or her legal rights in practice. In addition it provides an introduction to using the main sources of Roman law. The book ends with an epilogue discussing the role of Roman law in medieval and modern Europe, a bibliographical essay, and a glossary of legal terms. The book involves the minimum of legal technicality and is intended to be accessible to students and teachers of Roman history as well as interested general readers.

Download or read book Roman Law written by Hans Julius Wolff and published by University of Oklahoma Press. This book was released on 1951 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great and lasting influences on the course of Western culture, Roman law occupies a unique place in the history of the civilized world. Originally the law of a small rural community, then of a powerful city-state, it became the law of an empire which embraced almost all of the known civilized world. The influence of Roman law extends into modern times and is reflected in the great codifications of private law that have come into existence in Europe, America, and Asia. Even now, Roman law in modified form is the law of the land in Scotland, and the civil code of Louisiana is directly based on Roman law. Forming an important part in the historical and intellectual background of understanding and a basis for further development of the principles of international jurisprudence. In this book an international authority on Roman legal history sets forth in clear, understandable English the institutions of Roman law and traces their development through the Byzantine Empire into medieval and modern Europe. It is an indispensable study for every American lawyer and for anyone interesting in legal and political history.

Download or read book The New Global Law written by Rafael Domingo and published by Cambridge University Press. This book was released on 2010-02-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.