De La Loi Aquilia
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Author | : Reinhard Zimmermann |
Publisher | : Clarendon Press |
Total Pages | : 1316 |
Release | : 1996 |
Genre | : Contracts (Roman law) |
ISBN | : 9780198764267 |
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Author | : Francis Wharton |
Publisher | : |
Total Pages | : 960 |
Release | : 1874 |
Genre | : Negligence |
ISBN | : |
Author | : Anne Lefebvre-Teillard |
Publisher | : BRILL |
Total Pages | : 395 |
Release | : 2008-09-30 |
Genre | : History |
ISBN | : 9047442601 |
The present “revolution” in biological technology is leading lawyers to fundamentally reconsider the laws of human reproduction .What is at stake is not only the transmission of life but also the transmission of a certain order of the things on which society is based. This is the reason why the law has always sought to regulate the transmission of life. Covering themes from Canon and medieval Roman Law to the 1804 ‘Code civil’, the work includes twenty-three articles on the history of law about a number of modern-day questions. They deal with the close connections long maintained between marriage and procreation; with natural and legal "filiation" especially regarding the very delicate problems of evidence; with the institution of legitimation but also of the child as a person. There is also an article on the important matter of the "conceived child".
Author | : Paul Frédéric Girard |
Publisher | : |
Total Pages | : 1180 |
Release | : 1911 |
Genre | : Roman law |
ISBN | : |
Author | : Paul J. du Plessis |
Publisher | : Edinburgh University Press |
Total Pages | : 283 |
Release | : 2018-05-15 |
Genre | : Law |
ISBN | : 1474434479 |
Explores hieroglyphs as a metaphor for the relationship between new media and writing in British modernism.
Author | : |
Publisher | : |
Total Pages | : 524 |
Release | : 1871 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Thomas McGinn |
Publisher | : University of Michigan Press |
Total Pages | : 615 |
Release | : 2013-01-23 |
Genre | : History |
ISBN | : 047202857X |
Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Author | : Nils Jansen |
Publisher | : Oxford University Press |
Total Pages | : 577 |
Release | : 2021-12-17 |
Genre | : Law |
ISBN | : 0191015105 |
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Author | : David Johnston |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2015-02-16 |
Genre | : History |
ISBN | : 1316239624 |
This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.
Author | : Alan Watson |
Publisher | : University of Pennsylvania Press |
Total Pages | : 177 |
Release | : 2016-12-09 |
Genre | : Law |
ISBN | : 1512821578 |
In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.