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Property and the German Idea of Freedom
This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.
The Law of Nations and Natural Law 1625–1800
The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
Models of the History of Philosophy
This volume is the translation of "Dall'età cartesiana a Brucker", the second volume of the multi-volume work "Storia delle storie generali della filosofia". It guides the reader from the Cartesian rejection of the ‘philosophical past’ that found voice in the work of Malebranche, to the establishment of a ‘critical’ history of philosophy by 18th century thinkers A.-F Boureau-Deslandes and J.J. Brucker. The latter pair investigated philosophy from its most ancient origins up to the contemporary age, and oversaw the transformation of the history of philosophy into a genre in its own right, thus spawning dozens of works that made a major contribution to the culture of the Enlightenment. Through careful analysis of more than 36 separate works, the authors show how in the span of a single century the theoretical and methodological techniques used to assess the history of philosophy were refined and developed.
Early Modern Natural Law Theories
This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.
Collected Works of John Stuart Mill
The Collected Works of John Stuart Mill took thirty years to complete and is acknowledged as the definitive edition of J.S. Mill and as one of the finest works editions ever completed. Mill's contributions to philosophy, economics, and history, and in the roles of scholar, politician and journalist can hardly be overstated and this edition remains the only reliable version of the full range of Mill's writings. Each volume contains extensive notes, a new introduction and an index. Many of the volumes have been unavailable for some time, but the Works are now again available, both as a complete set and as individual volumes.
The Roman Foundations of the Law of Nations
This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars...
Reasons and Context in Comparative Law
In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.
Research Handbook on Unjust Enrichment and Restitution
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
