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The Gargantuan Polity examines political, legal, theological, and literary texts in the late Middle Ages, to show how individuals were defined by contracts of mutual obligation, which allowed rulers to hold power due to approval of their subjects.
"There Are No Slaves in France": The Political Culture of Race and Slavery in the Ancient Regime examines the paradox of political antislavery and institutional racism in the century prior to the French Revolution. Black slaves who came to France as domestic servants of colonial masters challenged their servitude in courts. On the basis of the Freedom Principle, ̃a judicial maxim granting freedom to any slave who set foot in the kingdom, hundreds of slaves won their freedom.
In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
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This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough...
The aim of the book is to highlight the law and economics issues confronting civil law countries.
Blandine Kriegel, at one time a collaborator with Michel Foucault, is one of France's foremost political theorists. This translation of her celebrated work L'Etat et les esclaves makes available for English-speaking readers her impassioned defense of the state. Published in France in 1979 and republished in 1989, this work challenged not only the anti-statism of the 1960s but also generations of romanticism in politics that, in Kriegel's view, inadvertently threatened the cause of liberty by refusing to distinguish between the despotic and the lawful state. In a work that addresses the urgent concerns of Europe and the contemporary world as a whole, Kriegel examines the background of modern ...
First published in 1998. This is part II of the sociology of colonies, and Volume XVIII of the twenty-one in the Race, Class and Social Structure series. Written ten years after part one, in the language in the 1941, this part provides an introduction to the study of the conflict of manners and customs, the progress of law in the colonies: this is the social phenomenon of the relationship between one people and another in a distant country.
Reprint of the uncommon third and final edition. This book grew out of an article in the Encyclpedia Brittanica. An "instant classic," it soon became a fixture on reading lists and bibliographies. According to the Law Quarterly Review, "no one who has read the book can have felt any doubt that the author had mastered his authorities, or that he had a singularly wide and profound knowledge of the continental literature dealing with the subject" (15:198). The second and third editions were equally well-received. The third is the best edition because it contains the equally valuable notes of Goudy and Grant. CONTENTS PART I THE REGAL PERIOD CH. I. Social and Political condition of Rome and its ...