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 Enlightened Feudalism written by Jeremy Hayhoe and published by University Rochester Press. This book was released on 2008 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "By situating the local court within a wide range of para-judicial institutions and behaviors, Hayhoe presents a new vision of village society, one in which communal bonds were too weak to enforce behavioral norms. Village communities had substantial authority over their own affairs, but required the frequent and active collaboration of the court to enforce the rules that they put into place."--BOOK JACKET.

Download or read book The French Monarchical Commonwealth 1356 1560 written by James B. Collins and published by Cambridge University Press. This book was released on 2022-05-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does authority become power? How does power justify itself to achieve its ends? Offering a new perspective on the nature of political society in the French monarchy across more than two centuries, this book establishes the relationship between seemingly theoretical constructs, and the reality of everyday politics.

Download or read book Custom Law and Monarchy written by Marie Seong-Hak Kim and published by Oxford University Press. This book was released on 2021-10-07 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.

Download or read book Warranty Obligations in Western France 1040 1270 written by M.W McHaffie and published by Springer Nature. This book was released on 2023-02-11 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines warranty obligations in western France during the central Middle Ages. Warranty refers to the commitments that an individual undertook when alienating property to protect the transfer from outside challenge, and to provide compensation if they failed to defend a transaction successfully. The subject has never received a full-length study before, meaning that scholars’ interpretation of warranty is marred by a number of untested generalisations. Warranty has generally only been viewed as a thirteenth-century development owing to the influence of Roman law and changes in family structure. This book, therefore, considers the evidence for warranty in western France en masse, starting with the first appearance of warranty clauses in documents in the 1040s up until the compilation of vernacular lawbooks in the 1270s. This book opens a window onto legal practice in the central Middle Ages, raising questions about wider processes of legal change. It emphasises the importance of lordship, in particular, when it comes to making sense of how and why warranty obligations developed the way they did. It thus challenges the prevailing explanatory narratives invoked by scholars when discussing warranty, and invites us to ask questions about the sorts of stories we tell when looking at legal change. Combining documentary and prescriptive lawbooks, along with a rich corpus of case material, this book offers a comprehensive account of a little-studied phenomenon, one that can elucidate much larger interpretative questions that are central to French legal history.

Download or read book European Law in the Past and the Future written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 2002 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: R. C. van Caenegem considers the historical reasons behind European legal diversity.

Download or read book Spacing Law and Politics written by Leif Dahlberg and published by Routledge. This book was released on 2016-04-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.

Download or read book Specific Performance in German French and Dutch Law in the Nineteenth Century written by Janwillem Oosterhuis and published by Martinus Nijhoff Publishers. This book was released on 2011-04-07 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.

Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Download or read book The Transmission of Well being written by Margarida Durães and published by Peter Lang. This book was released on 2009 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does well-being mean when we talk about men and women in the past? Their sheer chances of survival, their protection from want, their social status, their individual agency and their self-esteem were all strongly mediated by the family, the predominant social institution. Family laws and customs of family formation created differences between insiders and outsiders in terms of well-being. Within families, there were strong differences in autonomy, status and freedom between the genders and generations. The book offers a fascinating exploration of gender differences in well-being in many regions of historic Europe, with some comparative perspectives. It explores how historic family systems differed with respect to choosing a marriage partner, transmitting property, living and care conditions of widows and widowers and the position of children born out of wedlock.

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 Law and Custom in Korea written by Marie Seong-Hak Kim and published by Cambridge University Press. This book was released on 2012-08-27 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

Download or read book Law and Opinion in Scotland during the Seventeenth Century written by John D Ford and published by Bloomsbury Publishing. This book was released on 2007-11-20 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland

Download or read book Housing Disadvantaged People written by Jane Ball and published by Routledge. This book was released on 2012-06-25 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social housing appears to offer a solution for the housing of poor and disadvantaged people. The French "right to housing" offers poor and disadvantaged citizens priority in social housing allocation, and even a legal action against the State to obtain a social home. Despite this, France is suffering a long-lasting housing crisis with disadvantaged people having particular difficulties of access, often despite the efforts of local housing actors. This situation is affected by the European Court of Human Rights and EU decisions limiting diverse national housing and rental policies. Between historic French revolutions and the modern riots, negotiated solutions to social dilemmas emerged. Despite progress in constitutional principles, complex local negotiations still ultimately determine who is housed. Local social landlords, mayors and employee and tenant representatives use their privileges to house their insiders: existing tenants, locals and employees, with rent insufficiently subsidized. ‘Insider Outsider’ theory is used for an economic analysis of exclusion in social housing allocation: its processes, institutional context, and stigmatizing effects. This highlights the spatial effects of nimbyism, excluding disadvantaged outsiders, and concentrating them in deprived areas. Simultaneously, urban regeneration reduced affordable housing stock and ‘social mix’ became a reason to refuse a social home. History, comparative law, economic theory and local interviews with housing actors give a detailed picture of what happens in and around French social housing allocation for an interdisciplinary housing policy audience. Constitutional principles appear in an unfamiliar guise as negotiating positions, with the "right to property" supporting landlords and the "right to housing" supporting tenants. French debates about the function of social landlords are echoed across Europe and reflected in European policies concerning rights, and the exclusion of disadvantaged minorities.

Download or read book Maisonn e Dans Les Villes Au Bas Moyen Age written by Myriam Carlier and published by Garant. This book was released on 2001 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Family Gender and Law in Early Modern France written by Suzanne Desan and published by Penn State Press. This book was released on 2010-11-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bioethics and Biolaw through Literature written by Daniela Carpi and published by Walter de Gruyter. This book was released on 2011-10-27 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the well-established field of human anthropology has been put under scrutiny by the new data offered by science and technology. Scientific intervention into human life through organ transplants, euthanasia, genetic engineering, experiments connected to the genetic code and the genome, and varied other biotechnologies have placed ethical beliefs into question and created ethical dilemmas. These scientific inventions influence our views on birth and death, on the construction of the body and its technical reproducibility, and have problematized the concept of the human persona. The purpose of bioethics, the science of life, is to find new values and norms which will be valid for a multicultural society. Bioethics is, today, a well-respected topic of research that has brought together philosophers and experts to discuss the limits of science and medicine. The aim of this book is to merge the two fields of bioethics and law (or biolaw) through the literary text, by taking into consideration the transformations of the concept of persona at which we have nowadays arrived. The new meaning of the term ‘persona’ represents in fact the final point of a long-standing quest for man's sense of his own being and human dignity, and of his capacity to live in social interrelations. The volume presents a wide range of perspectives, comprising methodological approaches, legal and literary aspects.