Legal Scholarship and Doctrines of Private Law, 13th-18th Centuries

Legal Scholarship and Doctrines of Private Law, 13th-18th Centuries
Author: Robert Feenstra
Publisher: Routledge
Total Pages: 329
Release: 1996
Genre: Law
ISBN: 9780860786160

A volume focusing on post medieval legal developments, this book examines in particular the work of Hugo Grotius, his sources and his influences. It includes eight studies in English, seven studies in French, and one study in German. Other aspects of the volume concern the history of legal scholarship in the Netherlands in the 17th and 18th centuries; the teaching of the subject at the law faculties of the Universities of Leyden and Franeker; and some doctrines of private law (property, contract, succession).

Legal Scholarship and Doctrines of Private Law, 13th-18th centuries

Legal Scholarship and Doctrines of Private Law, 13th-18th centuries
Author: Robert Feenstra
Publisher: Taylor & Francis
Total Pages: 333
Release: 2024-10-28
Genre: History
ISBN: 1040249647

The emphasis in this present volume of Professor Feenstra’s studies lies on the post-medieval development of legal scholarship. The opening two studies are concerned with the University of Orléans in the 13th-14th centuries, but from there the centre of interest shifts to the early modern Netherlands. Two important themes are the teaching of law, especially at the legal faculties of Leyden and Franeker, and the doctrines of private law (especially property, contract, and succession). The figure of Hugo Grotius, his sources and his influence, dominate these articles.

Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe
Author: Kenneth Pennington
Publisher: Routledge
Total Pages: 436
Release: 2016-04-15
Genre: Law
ISBN: 1317107683

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

Canon Law, the Expansion of Europe, and World Order

Canon Law, the Expansion of Europe, and World Order
Author: James Muldoon
Publisher: Taylor & Francis
Total Pages: 288
Release: 2024-10-28
Genre: History
ISBN: 1040242677

The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with ’the infidel’ provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius’s work in the seventeenth century.

Early Modern Natural Law Theories

Early Modern Natural Law Theories
Author: T. Hochstrasser
Publisher: Springer Science & Business Media
Total Pages: 350
Release: 2013-06-29
Genre: History
ISBN: 9401703914

This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.

The Profession and Practice of Medieval Canon Law

The Profession and Practice of Medieval Canon Law
Author: James A. Brundage
Publisher: Taylor & Francis
Total Pages: 334
Release: 2024-10-28
Genre: History
ISBN: 1040245684

This latest collection of studies by James Brundage deals with the emergence of the profession of canon law and with aspects of its practice in the period from the 12th to the 14th centuries. Substantial numbers of lawyers systematically trained in canon law first appeared in Western Europe during the second half of the 12th, century and in the 13th they began to dominate the hierarchy of the Western church. By 1250 canon law had grown into something more than a profitable occupation: it had become a recognizable profession in the strict meaning of the term as it is still used today. University law faculties trained aspiring canonists in the mysteries of their craft and put them through intellectually demanding exercises that terminated in a formal examination before they received their degrees. Judges in church courts formally admitted them to practice after verifying their educational qualifications and administered prescribed rules of conduct. Particular topics are the canonists' system of legal ethics, the education and training of canon lawyers in university law faculties, and some fundamental features of the professional practice of canon law, both in medieval Europe and in the crusading states of the Levant.

The Cambridge Companion to Hugo Grotius

The Cambridge Companion to Hugo Grotius
Author: Randall Lesaffer
Publisher: Cambridge University Press
Total Pages: 659
Release: 2021-09-16
Genre: Law
ISBN: 110818765X

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae
Author:
Publisher: BRILL
Total Pages: 427
Release: 2009-03-25
Genre: History
ISBN: 9047428587

In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.

The Writing of History and the Study of Law

The Writing of History and the Study of Law
Author: Donald R. Kelley
Publisher: Taylor & Francis
Total Pages: 338
Release: 2024-10-28
Genre: History
ISBN: 1040246796

This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author’s interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.