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

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

Author: Michael H. Hoeflich

Publisher: University of Georgia Press

Published: 1997

Total Pages: 221

ISBN-13: 0820318396

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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.

Legal Publishing in Antebellum America

Legal Publishing in Antebellum America PDF

Author: M. H. Hoeflich

Publisher: Cambridge University Press

Published: 2010-04-26

Total Pages:

ISBN-13: 1139488058

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Legal Publishing in Antebellum America presents a history of the law book publishing and distribution industry in the United States. Part business history, part legal history, part history of information diffusion, M. H. Hoeflich shows how various developments in printing and bookbinding, the introduction of railroads, and the expansion of mail service contributed to the growth of the industry from an essentially local industry to a national industry. Furthermore, the book ties the spread of a particular approach to law, that is, the 'scientific approach', championed by Northeastern American jurists to the growth of law publishing and law book selling and shows that the two were critically intertwined.

Comparative Studies in Continental and Anglo-American Legal History

Comparative Studies in Continental and Anglo-American Legal History PDF

Author: Javier Martínez-Torrón

Publisher: Duncker & Humblot

Published: 1998-01-01

Total Pages: 212

ISBN-13: 9783428494149

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Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.

The Invention of Law in the West

The Invention of Law in the West PDF

Author: Aldo Schiavone

Publisher: Belknap Press

Published: 2012-01-01

Total Pages: 624

ISBN-13: 9780674047334

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Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity. The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidationâe"an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around itâe"formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America PDF

Author: Nan Goodman

Publisher: Taylor & Francis

Published: 2017-05-12

Total Pages: 372

ISBN-13: 1317042972

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Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

Jurists and Legal Science in the History of Roman Law

Jurists and Legal Science in the History of Roman Law PDF

Author: Aldo Schiavone

Publisher: Routledge

Published: 2021-10-11

Total Pages: 318

ISBN-13: 1000469778

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This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.

American Comparative Law

American Comparative Law PDF

Author: David S. Clark

Publisher: Oxford University Press

Published: 2022-09-02

Total Pages: 585

ISBN-13: 0195369920

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"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

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