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Coming Soon Borders of the Early Modern Ius Commune: England, Venice and Scandinavia

Borders of the Early Modern Ius Commune: England, Venice and Scandinavia

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032535845
  • 出版时间 May 2025
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,703.75
发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    The culture of the ius commune has been a unifying element of European and Western legal civilization. As shown by several recent studies, the influence of ius commune extended much further than its traditional core area. This volume discusses the expansion and changes of ius commune in three significant corners of Europe, which in the classical narrative either totally or partially were left out of the picture: England, Scandinavia, and Venice. The study goes beyond the traditional question of the influence of ius commune in comparing the different constellations of normativity and legal pluralism in these regions. It investigates how not only ius commune but also other forms of normativity – such as customary law, written norms, and legal practice – were used and applied, and how they circulated. The approach helps create new narratives as to how the relationship between centers and peripheries in Europe evolved in the early modern period. These new narratives are built from bottom to top; thus, based on concrete source information, and focusing on the learned legal systems and their connection to the local legal sources. The collection further looks into the circulation of professors and doctors, students, and legal texts, starting from the idea that a theoretical understanding of the forms of normativity can only emerge through concrete, multidisciplinary research recognizing the tensions between global legal unification and differentiation. The book will be essential reading for researchers and academics in Legal History, Law and Religion, Comparative Legal Studies and Early Modern History.

  • 1. Borders of ius commune: ius commune at the Borders
    Dolores Freda, Mario Piccinini, Heikki Pihlajamäki, and Chiara Maria Valsecchi

    PART I: IUS COMMUNE AND VENICE
    2. Lawyers in Venice: A Curious Business
    Silvia Gasparini
    3. “Negari tamen non potest Venetos ius civile romanorum colere et venerari”: Venetian Law and ius commune between the Seventeenth and Eighteenth Centurie
    Claudia Passarella
    4. Students, Graduates, or “Tourists”: Scholars from across the Borders in Padua in the Sixteenth and Seventeenth centuries
    Donato Gallo
    5. Venetian Law and ius commune: The Origins of a Controversy
    Alfredo Viggiano

    PART II: IUS COMMUNE AND ENGLAND
    6. The Invisible Border between ius commune and Common Law: Traditional Interpretations and New Prospects
    Dolores Freda
    7. Legal Pluralism in the Law Courts of Early–Modern England
    John Baker
    8. Roman Law in Sixteenth-Century England: Professor Thomas Smith
    David Ibbetson
    9. Common Lawyers and Civilian Lawyers in England: Barriers and Connections
    R. H. Helmholz
    10. Gerard Malynes and the Ancient Law-Merchant: A View on the ius commune from the Borders
    Stefania Gialdroni

    PART III: IUS COMMUNE AND SCANDINAVIA
    11. Ius commune at the Merchant Courts of the Hanse Kontor in Bergen?
    Sören Koch
    12. The Emergence of the Profession of Procurators in Early Modern Denmark
    Per Andersen
    13. Adjusting the ius commune: The Swedish Legal Procedure in the Early Modern Period
    Heikki Pihlajamäki
    14. The Reception of the ius commune through German Law in Reformation Sweden (ca.
    1530–1610): Torture, Police and Crime
    Mia Korpiola

    EPILOGUE
    15. Re-reading Arthur Duck: Ius commune and Insular Exceptionalism
    Mario Piccinini and Chiara Valsecchi

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