The Legacy of Roman Law in the German Romantic Era Book

The Legacy of Roman Law in the German Romantic Era


  • Author : James Q. Whitman
  • Publisher : Princeton University Press
  • Release Date : 2014-07-14
  • Genre: History
  • Pages : 300
  • ISBN 10 : 9781400860982

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The Legacy of Roman Law in the German Romantic Era 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.

The Gift of Science Book

The Gift of Science


  • Author : Roger BERKOWITZ
  • Publisher : Harvard University Press
  • Release Date : 2009-06-30
  • Genre: Law
  • Pages : 234
  • ISBN 10 : 9780674020795

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The Gift of Science Excerpt :

Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.

The Historical and Institutional Context of Roman Law Book

The Historical and Institutional Context of Roman Law


  • Author : George Mousourakis
  • Publisher : Routledge
  • Release Date : 2017-03-02
  • Genre: Law
  • Pages : 480
  • ISBN 10 : 9781351888417

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The Historical and Institutional Context of Roman Law 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.

Borkowski s Textbook on Roman Law Book

Borkowski s Textbook on Roman Law


  • Author : Paul J. du Plessis
  • Publisher : Oxford University Press, USA
  • Release Date : 2020
  • Genre: Roman law
  • Pages : 440
  • ISBN 10 : 9780198848011

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Borkowski s Textbook on Roman Law Excerpt :

Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.

Principle and Pragmatism in Roman Law Book

Principle and Pragmatism in Roman Law


  • Author : Benjamin Spagnolo
  • Publisher : Bloomsbury Publishing
  • Release Date : 2020-11-12
  • Genre: Law
  • Pages : 224
  • ISBN 10 : 9781509938971

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Principle and Pragmatism in Roman Law Excerpt :

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

Roman Law and the Origins of the Civil Law Tradition Book

Roman Law and the Origins of the Civil Law Tradition


  • Author : George Mousourakis
  • Publisher : Springer
  • Release Date : 2014-12-02
  • Genre: Law
  • Pages : 328
  • ISBN 10 : 9783319122687

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Roman Law and the Origins of the Civil Law Tradition 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.

Roman Law and the Idea of Europe Book

Roman Law and the Idea of Europe


  • Author : Kaius Tuori
  • Publisher : Bloomsbury Publishing
  • Release Date : 2018-12-27
  • Genre: History
  • Pages : 304
  • ISBN 10 : 9781350058743

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Roman Law and the Idea of Europe Excerpt :

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. Available via Open Access on Bloomsbury Collections (https://www.bloomsburycollections.com/).

Roman Law Book

Roman Law


  • Author : Rafael Domingo
  • Publisher : Routledge
  • Release Date : 2018-04-17
  • Genre: History
  • Pages : 238
  • ISBN 10 : 9781351111454

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Roman Law Excerpt :

Roman Law: An Introduction offers a clear and accessible introduction to Roman law for students of any legal tradition. In the thousand years between the Law of the Twelve Tables and Justinian’s massive Codification, the Romans developed the most sophisticated and comprehensive secular legal system of Antiquity, which remains at the heart of the civil law tradition of Europe, Latin America, and some countries of Asia and Africa. Roman lawyers created new legal concepts, ideas, rules, and mechanisms that most Western legal systems still apply. The study of Roman law thus facilitates understanding among people of different cultures by inspiring a kind of legal common sense and breadth of knowledge. Based on over twenty-five years’ experience teaching Roman law, this volume offers a comprehensive examination of the subject, as well as a historical introduction which contextualizes the Roman legal system for students who have no familiarity with Latin or knowledge of Roman history. More than a compilation of legal facts, the book captures the defining characteristics and principal achievements of Roman legal culture through a millennium of development.

German History 1789 1871 Book

German History 1789 1871


  • Author : Eric Dorn Brose
  • Publisher : Berghahn Books
  • Release Date : 2013-08
  • Genre: History
  • Pages : 376
  • ISBN 10 : 9781782380047

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German History 1789 1871 Excerpt :

During recent years, there has been a noticeable increase in interest in the nineteenth century, resulting in many fine monographs. However, these studies often gravitate toward Prussia or treat Germany's southern and northern regions as separate entities or else are thematically compartmentalized. This book overcomes these divisions, offering a wide-ranging account of this revolutionary century and skillfully combining narrative with analysis. Its lively style makes it very accessible and ideal for all students of nineteenth-century Germany.

Roman and Civil Law and the Development of Anglo American Jurisprudence in the Nineteenth Century Book

Roman and Civil Law and the Development of Anglo American Jurisprudence in the Nineteenth Century


  • Author : Michael H. Hoeflich
  • Publisher : University of Georgia Press
  • Release Date : 1997
  • Genre: Law
  • Pages : 207
  • ISBN 10 : 9780820318394

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Roman and Civil Law and the Development of Anglo American Jurisprudence in the Nineteenth Century Excerpt :

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

Roman Law in European History Book

Roman Law in European History


  • Author : Peter Stein
  • Publisher : Cambridge University Press
  • Release Date : 1999-05-13
  • Genre: History
  • Pages : 137
  • ISBN 10 : 9780521643726

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Roman Law in European History 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.

The Oxford Handbook of Roman Law and Society Book

The Oxford Handbook of Roman Law and Society


  • Author : Paul J. du Plessis
  • Publisher : Oxford University Press
  • Release Date : 2016
  • Genre: Roman law
  • Pages : 728
  • ISBN 10 : 9780198728689

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The Oxford Handbook of Roman Law and Society Excerpt :

Sumario: Front Matter - Part I Introduction - Part II Reading Roman Law - Part III The Constitutional Structure of the Roman State- Part IV Legal Professionals and Legal Culture - Part V Settling Disputes - Part VI Persons before the Law - Part VII Legal Relations - End Matter.

Lutheran Reformation and the Law Book

Lutheran Reformation and the Law


  • Author : Anonim
  • Publisher : BRILL
  • Release Date : 2022-01-04
  • Genre: History
  • Pages : 284
  • ISBN 10 : 9789047417446

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Lutheran Reformation and the Law Excerpt :

The study based on interdisciplinary research by theologians and legal historians investigating the legal, philosophical and theological aspects of the Lutheran Reformation in the church and society, and the impact of the Reformation on law in the Nordic countries.

The History and Growth of Judicial Review  Volume 2 Book

The History and Growth of Judicial Review Volume 2


  • Author : Steven Gow Calabresi
  • Publisher : Oxford University Press
  • Release Date : 2021-04-27
  • Genre: Law
  • Pages : 372
  • ISBN 10 : 9780190075736

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The History and Growth of Judicial Review Volume 2 Excerpt :

"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

Globalisation and the Western Legal Tradition Book
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Globalisation and the Western Legal Tradition


  • Author : David B. Goldman
  • Publisher : Cambridge University Press
  • Release Date : 2008-02-07
  • Genre: Law
  • Pages : null
  • ISBN 10 : 9781139467353

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Globalisation and the Western Legal Tradition Excerpt :

What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.