An Historical Introduction To Modern Civil Law
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Author | : Thomas Glyn Watkin |
Publisher | : Routledge |
Total Pages | : 448 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351958909 |
The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.
Author | : Thomas Glyn Watkin |
Publisher | : |
Total Pages | : 498 |
Release | : 1999 |
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ISBN | : |
Author | : |
Publisher | : Taylor & Francis |
Total Pages | : 509 |
Release | : |
Genre | : |
ISBN | : 1351958917 |
Author | : R. C. van Caenegem |
Publisher | : Cambridge University Press |
Total Pages | : 230 |
Release | : 1992-03-27 |
Genre | : Law |
ISBN | : 9780521427456 |
This book provides an introduction to the rise and development of present-day private law.
Author | : David J. Ibbetson |
Publisher | : Oxford University Press, USA |
Total Pages | : 356 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198764113 |
David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.
Author | : Lawrence M. Friedman |
Publisher | : Modern Library |
Total Pages | : 226 |
Release | : 2004-10-12 |
Genre | : History |
ISBN | : 0812972856 |
Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
Author | : George Mousourakis |
Publisher | : Springer |
Total Pages | : 339 |
Release | : 2014-12-02 |
Genre | : Law |
ISBN | : 3319122681 |
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.
Author | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : John Merryman |
Publisher | : Stanford University Press |
Total Pages | : 250 |
Release | : 2018-12-11 |
Genre | : Law |
ISBN | : 1503607550 |
A newly updated edition of “the most readable and succinct account of the origins, the development, and the philosophy of the civil law” (Houston Law Review). Designed for general readers and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly published research on Roman and medieval law. In recent years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.
Author | : Randall Lesaffer |
Publisher | : Cambridge University Press |
Total Pages | : 561 |
Release | : 2009-06-25 |
Genre | : History |
ISBN | : 1107310644 |
The rediscovery of Roman law and the emergence of classical canon law around AD 1100 marked the beginnings of the civil law tradition in Europe. Between the twelfth and eighteenth centuries, a highly sophisticated legal science of a truly European dimension was developed. Since then the different European States have developed their own national legal systems, but with the exception of England and Ireland they are all heirs to this tradition of the ius commune. This historical introduction to the civil law tradition, from its original Roman roots to the present day, considers the political and cultural context of Europe's legal history. 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. This contextual approach makes for a fascinating story, accessible to any reader regardless of legal or historical background.