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Author : D. L. Carey Miller
Publisher : Schriften zur Europäischen Rechts- und Verfassungsgeschichte
Page : 408 pages
File Size : 48,6 Mb
Release : 1997
Category : Civil law
ISBN : STANFORD:36105061869850
Papers delivered at a symposium that took place at the University of Aberdeen on September 4-5, 1995.
Author : Gordon William Gordon
Publisher : Edinburgh University Press
Page : 352 pages
File Size : 48,5 Mb
Release : 2019-07-30
Category : Electronic books
ISBN : 9781474468572
W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well known for his distinguished contribution to Roman law, legal history and land law. He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK. This important collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.
Author : Kenneth G. C. Reid,Reinhard Zimmermann (jurist)
Publisher : Unknown
Page : 856 pages
File Size : 45,6 Mb
Release : 2000
Category : Law
ISBN : 0198267789
Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
Author : A. D. E. Lewis,D. J. Ibbetson
Publisher : Cambridge University Press
Page : 252 pages
File Size : 43,5 Mb
Release : 1994-04-07
Category : Law
ISBN : 9780521441995
The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
Author : Robin Evans-Jones
Publisher : Unknown
Page : 344 pages
File Size : 53,8 Mb
Release : 1995
Category : Civil law
ISBN : 1872517080
Author : Alan Watson
Publisher : Unknown
Page : 224 pages
File Size : 45,7 Mb
Release : 1981
Category : Law
ISBN : STANFORD:36105061226333
Author : Andrew Mark Godfrey
Publisher : BRILL
Page : 505 pages
File Size : 51,6 Mb
Release : 2009
Category : History
ISBN : 9789004174665
This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
Author : George Mousourakis
Publisher : Springer
Page : 339 pages
File Size : 49,5 Mb
Release : 2014-12-02
Category : Law
ISBN : 9783319122687
This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Author : Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Publisher : Cambridge University Press
Page : 335 pages
File Size : 53,5 Mb
Release : 2003-10-16
Category : Law
ISBN : 9781139438780
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Author : Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker
Publisher : OUP Oxford
Page : 328 pages
File Size : 53,6 Mb
Release : 2013-05-09
Category : Law
ISBN : 9780191647994
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Author : Vernon V. Palmer
Publisher : Cambridge University Press
Page : 727 pages
File Size : 51,7 Mb
Release : 2012-06-28
Category : Law
ISBN : 9780521768573
The leading text in the field, this indispensable guide to understanding the mixed jurisdictions is now fully updated and expanded.
Author : John W Cairns
Publisher : Edinburgh University Press
Page : 608 pages
File Size : 50,5 Mb
Release : 2015-07-27
Category : Law
ISBN : 9780748682119
This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a
Author : John Laws
Publisher : Bloomsbury Publishing
Page : 169 pages
File Size : 54,7 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509935468
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Author : Andrew R. C. Simpson
Publisher : Edinburgh University Press
Page : 396 pages
File Size : 50,5 Mb
Release : 2017-07-07
Category : Law
ISBN : 9780748697427
Author : Vernon V. Palmer
Publisher : Cambridge University Press
Page : 520 pages
File Size : 54,5 Mb
Release : 2001-05-03
Category : Law
ISBN : 052178154X
Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.
