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Old Catholic Theology
Old Catholic theology is the theology that is characteristic of the Old Catholic Churches of the Union of Utrecht. Old Catholic Theology: An Introduction, authored by Peter-Ben Smit, an acknowledged expert in the field, outlines the main characteristics of and influences on Old Catholic theology, as well as the extant ecumenical relationships of the Old Catholic Churches. In doing so, it covers what may be called 'mainstream' Old Catholic theology, while also discussing the diversity within the Old Catholic tradition. Particular attention is given to the Old Catholic approach to theology in general and to ecclesiology, sacramental theology and ecumenical theology in particular. Further foci include the version of communio-theology, the appertaining sacramental understanding of the church, the inherent connection between theology and (liturgical) spirituality, the distinct branch of communal hermeneutics and the understanding of the appeal to the early Church that Old Catholic theologians developed in the course of the 20th century.
Towards a Chinese Civil Code
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topic...
Contracts For a Third-Party Beneficiary
Through recent changes in Dutch (1992) and English (1999) private law, contracts for a third-party beneficiary are, in Western Europe, nowadays considered to be effective and enforceable. This concept is, however, incompatible with both the civilian tradition on the continent and the traditional parties-only rule of English common law. The purpose of this study is to show how the problem of the third-party beneficiary was dealt with during the various periods of Western legal thought and to discuss the subject from the perspective of present-day comparative law. The book is of interest not only to legal historians, but also to all who are engaged with present-day private law – scholars, practitioners and advanced students. Contributors include David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, and Hendrik Verhagen, Professor of Private International Law, Comparative Law and Civil Law at the Radboud University Nijmegen, attorney at the firm Clifford Chance Amsterdam, and deputy justice at the Court of Appeal, ’s-Hertogenbosch. Studies in the History of Private Law, vol. 1
The Reception of Learned Law in Fourteenth- and Fifteenth-Century Frisia
This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws. The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
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.
Emotional Alterity in the Medieval North Sea World
This book addresses a little-considered aspect of the study of the history of emotions in medieval literature: the depiction of perplexing emotional reactions. Medieval literature often confronts audiences with displays of emotion that are improbable, physiologically impossible, or simply unfathomable in modern social contexts. The intent of such episodes is not always clear; medieval texts rarely explain emotional responses or their motivations. The implication is that the meanings communicated by such emotional display were so obvious to their intended audience that no explanation was required. This raises the question of whether such meanings can be recovered. This is the task to which the contributors to this book have put themselves. In approaching this question, this book does not set out to be a collection of literary studies that treat portrayals of emotion as simple tropes or motifs, isolated within their corpora. Rather, it seeks to uncover how such manifestations of feeling may reflect cultural and social dynamics underlying vernacular literatures from across the medieval North Sea world.
Natural Law in Court
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Jurists and Jurisprudence in Medieval Italy
This unique collection makes available, for the first time, translations of medieval Italian jurisprudence, including commentaries, tracts, and legal opinions by leading jurists.
The Law of Restitution in Nigeria
The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.
