The Formation and Transmission of Western Legal Culture

2016-12-01
 |  Law
The Formation and Transmission of Western Legal Culture

Author: Serge Dauchy

Publisher: Springer

ISBN: 9783319455679

Category: Law

Page: 571

View: 768

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This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Kulturelle Wirkungen der Reformation / Cultural Impact of the Reformation

2019-02-01
 |  Religion
Kulturelle Wirkungen der Reformation / Cultural Impact of the Reformation

Author: Klaus Fitschen

Publisher: Evangelische Verlagsanstalt

ISBN: 9783374056781

Category: Religion

Page: 640

View: 960

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Die Reformation veränderte nicht nur Theologie und Kirche, sondern setzte einen alle Bereiche der Gesellschaft erfassenden Transformationsprozess in Gang. So beeinflusste der Protestantismus nachhaltig soziale Strukturen, kulturelle Wahrnehmungsmuster, Rechtsnormen, Wissenschaftsideale, künstlerische Ausdrucksmittel und Identitätsbildungen. Die beiden gewichtigen Bände dokumentieren den internationalen und interdisziplinären Kongress "Kulturelle Wirkungen der Reformation", der im August 2017 von den Universitäten Halle-Wittenberg, Jena und Leipzig an der Stiftung LEUCOREA in Lutherstadt Wittenberg durchgeführt wurde. Dessen Beiträge – u. a. von Udo Sträter, Charlotte Methuen, Martin Heckel, Herman Selderhuis, Rudolf von Sinner, Daniel Jeyaraj und Jochen Hörisch – machen deutlich, wie die protestantischen Konfessionsmilieus seit 500 Jahren kulturell wirksam sind, aber auch, wie sie ihrerseits auf gesellschaftliche Herausforderungen reagieren. The Reformation not only changed theology and the church, but set in motion a fundamental transformation, which encompassed every aspect of society. Thus, Protestantism had an enduring influence on social structures, patterns of perception, normative ideas, scientific concepts, scopes for artistic expression and cultural identities. The announced proceedings document the international and interdisciplinary congress "Cultural Impacts of the Reformation" held in August 2017 by the universities of Halle-Wittenberg, Jena and Leipzig at the LEUCOREA Foundation in Lutherstadt Wittenberg. The contributions – amongst others by Udo Sträter, Charlotte Methuen, Martin Heckel, Herman Selderhuis, Rudolf von Sinner, Daniel Jeyaraj und Jochen Hörisch – show precisely both the ways the Protestant confessional milieus have been influential for 500 years and how they themselves have reacted to cultural challenges.

Law and the Christian Tradition in Italy

2020-07-02
 |  History
Law and the Christian Tradition in Italy

Author: Orazio Condorelli

Publisher: Routledge

ISBN: 9781000079197

Category: History

Page: 482

View: 880

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Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Neo-Thomism in Action

2021-12-01
 |  Religion
Neo-Thomism in Action

Author: Wim Decock

Publisher: Leuven University Press

ISBN: 9789462703063

Category: Religion

Page: 338

View: 361

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In his encyclical Aeterni Patris (1879), Pope Leo XIII expressed the conviction that the renewed study of the philosophical legacy of Saint Thomas Aquinas would help Catholics to engage in a dialogue with secular modernity while maintaining respect for Church doctrine and tradition. As a result, the neo-scholastic framework dominated Catholic intellectual production for nearly a century thereafter. This volume assesses the societal impact of the Thomist revival movement, with particular attention to the juridical dimension of this epistemic community. Contributions from different disciplinary backgrounds offer a multifaceted and in-depth analysis of many different networks and protagonists of the neo-scholastic movement, its institutions and periodicals, and its conceptual frameworks. Although special attention is paid to the Leuven Institute of Philosophy and Faculty of Law, the volume also discloses the neo-Thomist revival in other national and transnational contexts. By highlighting diverse aspects of its societal and legal impact, Neo-Thomism in Action argues that neo-scholasticism was neither a sterile intellectual exercise nor a monolithic movement. The book expands our understanding of how Catholic intellectual discourse communities were constructed and how they pervaded law and society during the late 19th century and the first half of the 20th century.

'Ius commune graeco-romanum'

2019-03-06
 |  History
'Ius commune graeco-romanum'

Author: P Angelini

Publisher: ISD LLC

ISBN: 9789042938038

Category: History

Page: 329

View: 333

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As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.

The Power and Pains of Polysemy: Maritime Trade, Averages, and Institutional Development in the Low Countries (15th–16th Centuries)

2023-02-17
 |  History
The Power and Pains of Polysemy: Maritime Trade, Averages, and Institutional Development in the Low Countries (15th–16th Centuries)

Author: Gijs Dreijer

Publisher: BRILL

ISBN: 9789004540354

Category: History

Page: 322

View: 445

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This book offers a study of so-called ‘Maritime Averages’, a variety of risk management instruments used in maritime trade, in the Low Countries, showing how Averages played a major role in the institutional development of the Low Countries.

The Oxford Handbook of European Legal History

2018-06-28
 |  Law
The Oxford Handbook of European Legal History

Author: Heikki Pihlajamäki

Publisher: Oxford University Press

ISBN: 9780191088377

Category: Law

Page: 1264

View: 348

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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Legal Geography

2022-12-05
 |  Law
Legal Geography

Author: Matteo Nicolini

Publisher: Springer Nature

ISBN: 9783031194108

Category: Law

Page: 301

View: 109

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This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.