The Oxford Handbook of European Legal History
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 July 2018
- ISBN 9780198785521
- Binding Hardback
- No. of pages1216 pages
- Size 253x176x62 mm
- Weight 1966 g
- Language English 210
Categories
Short description:
This handbook provides a broad overview of the development of European legal history from Ancient Greece to the twenty-first century. It engages with current research questions in international scholarship, and, in addition to Europe's heartland, details the history of its geographical 'fringes', such as Scandinavia and Eastern Europe.
MoreLong description:
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions.
The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Table of Contents:
I. Approaches to European Legal History: Historiography and Methods
The World Historical Significance of European Legal History: An Interim Report
The Invention of National Legal History
The Birth of European Legal History
Abandoning the Nationalist Framework: Comparative Legal History
Global Legal History: Setting Europe in Perspective
II. The Ancient Law and the Early Middle Age
Ancient Greek Law
Early Roman Law And The West: A Reversal Of Grounds
Classical and Post-Classical Roman Law: The Legal Actors and The Sources
Institutions of Ancient Roman Law
Byzantine Law: The Law of the New Rome
Germanic Law
III. The Law in the High and the Late Middle Ages: The Learned Ius commune and the Vernacular Laws
Western Canon Law in the Central and Later Middle Ages
Structure of Medieval Roman Law: Institutions, Sources, and Methods
Substance of Medieval Roman Law: The Development of Private Law
Southern Europe (Italy, Iberian Peninsula, France)
Holy Roman Empire of the German Nation
High- and Late-Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences
Customary Law and the Influence of the Ius commune in High- and Late-Medieval East Central Europe
The Beginnings of the English Common Law (to 1350)
The Scottish Common Law: Origins and Development, ca.1124-ca.1500
Urban Law: The Law of Saxony and Magdeburg
Extra-legal and Legal Conflict Management among Long-distance Traders (1250-1650)
Feudal law
IV. European Law in the Early Modern Period: The Fields of Law and the Changing Scholarship
Legal Scholarship: The Theory of Sources and Methods of Law
Natural Law in Early Modern Legal Thought
Law and the Protestant Reformation
Law of Property and Obligations: Neoscholastic Thinking and Beyond
Criminal Law: Before a State Monopoly
Civil Procedural Law, the Judiciary, and Legal Professionals
Jurisdiction, Political Authority, and Territory
Public Law Before 'Public Law'
V. European Law in the Early Modern Period: The Age of Expansion
The Law of the Holy Roman Empire of the German Nation
French Law and its Expansion in the Early Modern Period
Spanish Law and its Expansion
Scandinavian Law in the Early Modern Period
English Law and its Expansion
Russian Law in the Early Modern Period
Colonial and Indigenous 'Laws' - The Case of Britain's Empires, Circa 1750-1850
VI. The Nineteenth Century and Beyond: The Emergence of Modern Law
The Age of Codification and Legal Modernisation in Private Law
Legal Formalism and its Critics
The Constitutional State
A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)
The Law of the Welfare State
The Law of Obligations: The Anglo-American Perspective
Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth And Twentieth Century
European Twentieth Century Dictatorship and the Law
Communism and the Law
The Law of the European Union in Historical Perspective
The Oxford Handbook of European Legal History
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