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Preclassical Conflict of Laws

Preclassical Conflict of Laws

作者： Nikitas E. Hatzimihail
出版商： Cambridge University Press
ISBN: 9781009363907
出版时间 April 2023
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780521863025

List Price: ￥402.32

￥390.25 Save ￥12.07 (3%)

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To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

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Student Edition ISBN	不可用
Previous edition isbn	否
Hardback edition isbn	9780521863025
Paperback edition ISBN	否

1. Introduction
Part I. History and Historiography:
2. Historical literature and historical consciousness in contemporary private international law
3. Preclassical conflict of laws in modern historical consciousness
Part II. Current Concerns:
4. Conflict of laws as a conceptual battlefield
5. Conflict of laws as a doctrinal exercise
6. Conflict of laws in a world system
Part III. Bartolus da Sassoferrato and Medieval Conflict of Laws:
7. Nunc veniamus ad glossam: Bartolus comments on cunctos populos
8. Bartolus in a world system
9. Bartolan conflicts as a doctrinal exercise
10. Bartolus and the modern consciousness
Part IV. Ulrik Huber (1636–1694) and Conflict of Laws in the Early Modern Era:
11. 'It often happens that transactions...': Huber on the conflict of laws
12. The world system of Huber's conflict of laws
13. Huber's conflict of laws as a doctrinal work
14. Huber and the modern consciousness
Epilogue:
15. Preclassical conflict of laws configured

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