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Judge and Jurist
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
Order in the Court: Medieval Procedural Treatises in Translation
In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.
The Sovereign and the Prophets
Tracing key biblical topics recurrent in Grotian and Hobbesian discourses on the church-state relationship, The Sovereign and the Prophets examines Spinoza’s Old Testament interpretation in the Theologico-political Treatise and elucidates his effort to establish what Hobbes could not adequately offer to the Dutch: the liberty to philosophize. Fukuoka develops an original method for understanding seventeenth-century biblical arguments as a shared political paradigm. Her in-depth analysis reveals the discourses that converged on the question, ‘Who stands immediately under God to mediate His will to the people?’ This subtly nuanced theme not only linked major theoreticians diachronically—from the Remonstrants such as Grotius to the anti-Hobbesian jurist Ulrik Huber (1636–1694)—but also synchronically built the axis of resonances and dissonances between Leviathan and the Theologico-political Treatise.
Creation of the Ius Commune
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
Neo-Latin Commentaries and the Management of Knowledge in the Late Middle Ages and the Early Modern Period (1400-1700)
This book sheds light on the various ways in which classical authors and the Bible were commented on by neo-Latin writers between 1400 and 1700.
Property, Piracy and Punishment
Contains papers from a conference on De iure praedae, held in June 2005 at the Netherlands Institute for Advanced Study in the Humanities and Social Sciences.
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.
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...
Laws, Lawyers and Texts
This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.
Divine Inspiration in Byzantium
In this volume, Karin Krause examines conceptions of divine inspiration and authenticity in the religious literature and visual arts of Byzantium. During antiquity and the medieval era, “inspiration” encompassed a range of ideas regarding the divine contribution to the creation of holy texts, icons, and other material objects by human beings. Krause traces the origins of the notion of divine inspiration in the Jewish and polytheistic cultures of the ancient Mediterranean and Near Eastern worlds and their reception in Byzantine religious culture. Exploring how conceptions of authenticity are employed in Eastern Orthodox Christianity to claim religious authority, she analyzes texts in a range of genres, as well as images in different media, including manuscript illumination, icons, and mosaics. Her interdisciplinary study demonstrates the pivotal role that claims to the divine inspiration of religious literature and art played in the construction of Byzantine cultural identity.
