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The Law of Obligations
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.
Contract Before the Enlightenment
Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thou...
The Cambridge Companion to the Scottish Enlightenment
Provides a comprehensive introduction to the full range of achievements of the Scottish thinkers who so profoundly influenced western culture.
Critical Studies in Ancient Law, Comparative Law and Legal History
This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
The Gift of Science
Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
The Province of Legislation Determined
A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.
The Eclipse of Classical Thought in China and The West
For centuries, the starting points for serious thought about ethics, justice, and government were traditions founded, in China by Confucius, and in the West by his near contemporary Socrates. In both classical traditions, norms were based on human nature; to contravene these norms was to deny part of one's humanity. The Chinese and Western philosophical traditions have often been regarded as mutually unintelligible. This book shows that the differences can only be understood by examining where they converge. It describes the role of these traditions in two political achievements: the formation of the constitutions of Song dynasty China and the American Republic. Both traditions went into eclipse for similar reasons but with quite different consequences: in China, the growth of absolutism, and in the West, the inability of modern political and ethical thought to defend the most fundamental values.
The Protectors of Indians in the Royal Audience of Lima
In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.
Charles Areskine’s Library
In Charles Areskine’s Library, Karen Baston uses a detailed study of an eighteenth-century Scottish advocate’s private book collection to explore key themes in the Scottish Enlightenment including secularisation, modernisation, internationalisation, and the development of legal literature in Scotland. By exploring a surviving manuscript dated 1731that lists a Scottish lawyer’s library, Karen Baston demonstrates that the books Charles Areskine owned, used in practice, and read for pleasure embedded him in the intellectual culture that expanded in early eighteenth-century Scotland. Areskine and his fellow advocates emerged as scholarly and sociable gentlemen who led their nation. Lawyers were integral to and integrated with the Scottish society that allowed the Scottish Enlightenment to take root and flourish within Areskine’s lifetime.
Rethinking Leviathan
Offering an approach to the history of the modern state, this text concentrates on the 18th century and on two cases, those of Britain and Germany.
