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Specific Performance in German, French and Dutch Law in the Nineteenth Century
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.
De rebus divinis et humanis
Im April 2019 wird Jan Hallebeek emeritiert. Damit endet seine aktive Laufbahn als von der Royal Netherlands Academy of Arts and Sciences (1989–1999) finanzierter Forscher, als Extraordinarius an der Theologischen Fakultät der Universität Utrecht (1997–2006) und zuletzt als Professor für Rechtsgeschichte an der Vrije Universiteit Amsterdam (seit 1999). Die Stationen seiner Tätigkeit spiegeln zwei seiner Schwerpunkte wieder: die Kirchen(rechts)geschichte einerseits und das klassische römische Recht und die Geschichte des römischen Rechts in Europa andererseits. In glücklicher Weise konnte Jan Hallebeek sein Engagement für die Altkatholische Kirche mit seiner Arbeit als Forscher ve...
Criminal Law and Morality in the Age of Consent
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philoso...
Commercial Contract Law and Arbitration
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contr...
Custom, Law, and Monarchy
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Comparative Legal History
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
The British Home Front and the First World War
The First World War required the mobilisation of entire societies, regardless of age or gender. The phrase 'home front' was itself a product of the war with parts of Britain literally a war front, coming under enemy attack from the sea and increasingly the air. However, the home front also conveyed the war's impact on almost every aspect of British life, economic, social and domestic. In the fullest account to-date, leading historians show how the war blurred the division between what was military and not, and how it made many conscious of their national identities for the first time. They reveal how its impact changed Britain for ever, transforming the monarchy, promoting systematic cabinet government, and prompting state intervention in a country which prided itself on its liberalism and its support for free trade. In many respects we still live with the consequences.
Neo-Thomism in Action
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 o...
The Formation and Transmission of Western Legal Culture
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 p...
Great Christian Jurists in the Low Countries
What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.
