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Comparative Legal History

Comparative Legal History

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800372382
  • 出版时间 July 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥610.06
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  • 描述 
  • 大纲 
  • 详细

    Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related.

    Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens.

    A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.

  • The emergence of comparative legal history
    Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau
    PART I. Theory and Methods
    1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60
    Adolfo Giuliani
    2. Comparative? Legal? History? Crossing Boundaries
    Sean Patrick Donlan
    3. Methodological perspectives in comparative legal history: an analytical approach
    Dag Michalsen
    4. Comparative legal history: methodology for morphology
    Matthew Dyson
    PART II. LEGAL SOURCES
    5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law
    Jacques Vanderlinden
    6. Convergence and the colonization of custom in pre-modern Europe
    Emily Kadens
    7. Custom as a source of law in European and East Asian legal history
    Marie Seong-Hak Kim
    8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case
    Aniceto Masferrer and Juan A. Obarrio
    9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison
    Dolores Freda
    PART III. LEGAL INSTITUTIONS
    10. The triumph of judicial review: the evolution of post-revolutionary legal thought
    Jean-Louis Halpérin
    11. Killing the vampire of human culture: Slavery as a problem in international law
    Paul Finkelman and Seymour Drescher
    12. Continental European superior courts and procedure in civil actions (11th-19th centuries)
    C.H. (Remco) van Rhee
    13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not
    Anna Taitslin
    14. The common law and the Code civil: the curious case of the law of contract
    Warren Swain
    15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch
    Kjell Å. Modéer
    PART IV. CODIFICATION
    16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events
    Dirk Heirbaut
    17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions
    Agustín Parise
    18. Why was private law not codified in Sweden and Finland?
    Heikki Pihlajamäki
    Index

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