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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.
This book examines the origins of the principle of sovereignty in the legal and political thought of its most influential theorist, Jean Bodin. It explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics.
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
The thought and work of the Jesuit Francisco Suárez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suárez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, João Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaëlle Demelemestre, Jean-Paul Coujou, and Cintia Faraco.
Exploring reason of state in a global monarchy, The Power of Necessity examines how thinkers and agents in the Spanish monarchy navigated the tension between political pragmatism and moral-religious principle. This tension lies at the very heart of Counter-Reformation reason of state. Nowhere was the need for pragmatic state management greater than in the overstretched Spanish Empire of the seventeenth century. However, pragmatic politics were problematic for a Catholic monarchy steeped in ideals of justice and divine justifications of power and kingship. Presenting a broad cast of characters from across Europe, and uniting published sources with a wide range of archival material, Lisa Kattenberg shows how non-canonical thinkers and agents confronted the political-moral dilemmas of their age by creatively employing the legitimizing power of necessity. Pioneering new ways of bridging the persistent gap between theory and practice in the history of political thought, The Power of Necessity casts fresh light on the struggle to preserve the monarchy in a modernizing world.
A book at the intersection of the most exciting current scientific trends in complexity science, information theory and living systems.
"A history of Catholic responses to slavery and abolitionism"--
This book offers the first comprehensive overview of the Catholic Enlightenment in Europe. It surveys the diversity of views about the structure and nature of the movement, pointing toward the possibilities for further research. The volume presents a series of comprehensive treatments on the process and interpretation of Catholic Enlightenment in France, Spain, Portugal, Poland, the Holy Roman Empire, Malta, Italy and the Habsburg territories. An introductory overview explores the varied meanings of Catholic Enlightenment and situates them in a series of intellectual and social contexts. The topics covered in this book are crucial for a proper understanding of the role and place not only of Catholicism in the eighteenth century, but also for the social and religious history of Modern Europe.