The Evolution Of Law And The State In Europe

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The Evolution of Law and the State in Europe

Author : Spyridon Flogaitis
Publisher : Bloomsbury Publishing
Page : 172 pages
File Size : 53,6 Mb
Release : 2014-11-06
Category : Law
ISBN : 9781782255260

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The Evolution of Law and the State in Europe by Spyridon Flogaitis Pdf

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

The History of Law in Europe

Author : Bart Wauters,Marco de Benito
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 44,7 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786430762

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The History of Law in Europe by Bart Wauters,Marco de Benito Pdf

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

The History of Law in Europe

Author : Bart Wauters,Marco de Benito,Marco de Benito Llopis-Llombart
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2018-04-27
Category : Law
ISBN : 1786430770

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The History of Law in Europe by Bart Wauters,Marco de Benito,Marco de Benito Llopis-Llombart Pdf

"[This book synthesizes] the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments ... [Chapters] are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. [The authors] allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored."--

A History of European Law

Author : Paolo Grossi
Publisher : John Wiley & Sons
Page : 224 pages
File Size : 44,8 Mb
Release : 2010-02-04
Category : History
ISBN : 9781444319255

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A History of European Law by Paolo Grossi Pdf

This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals

The Evolution of EU Law

Author : Paul P. Craig,Gráinne De Búrca
Publisher : Oxford University Press, USA
Page : 917 pages
File Size : 55,8 Mb
Release : 2011
Category : Law
ISBN : 9780199592968

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The Evolution of EU Law by Paul P. Craig,Gráinne De Búrca Pdf

The new edition of this influential textbook gathers leading lawyers and political scientists to provide an overview of the changing legal picture in Europe, including the reforms instigated by the Lisbon Treaty negotiations. Authors analyse the evolution of the law across time, giving readers a clearer understanding of how the EU is developing.

A Short History of European Law

Author : Tamar Herzog
Publisher : Harvard University Press
Page : 297 pages
File Size : 49,9 Mb
Release : 2018-01-08
Category : History
ISBN : 9780674980341

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A Short History of European Law by Tamar Herzog Pdf

Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law’s fragile malleability.

War, the State and International Law in Seventeenth-Century Europe

Author : Olaf Asbach,Peter Schröder
Publisher : Routledge
Page : 288 pages
File Size : 49,8 Mb
Release : 2016-02-17
Category : History
ISBN : 9781317000372

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War, the State and International Law in Seventeenth-Century Europe by Olaf Asbach,Peter Schröder Pdf

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

A History of Western Public Law

Author : Bruno Aguilera-Barchet
Publisher : Springer
Page : 775 pages
File Size : 46,5 Mb
Release : 2014-12-31
Category : Law
ISBN : 9783319118031

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A History of Western Public Law by Bruno Aguilera-Barchet Pdf

The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

Constructing Legal Systems: "European Union" in Legal Theory

Author : N. MacCormick
Publisher : Springer Science & Business Media
Page : 148 pages
File Size : 53,8 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711524

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Constructing Legal Systems: "European Union" in Legal Theory by N. MacCormick Pdf

Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 46,7 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191088377

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

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.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Author : Sabino Cassese,Armin von Bogdandy,Peter Huber
Publisher : Oxford University Press
Page : 900 pages
File Size : 54,7 Mb
Release : 2017-07-25
Category : Reference
ISBN : 9780191039829

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The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by Sabino Cassese,Armin von Bogdandy,Peter Huber Pdf

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

The Changing Administrative Law of an EU Member State

Author : Domenico Sorace,Leonardo Ferrara,Ippolito Piazza
Publisher : Springer Nature
Page : 406 pages
File Size : 49,8 Mb
Release : 2020-09-26
Category : Law
ISBN : 9783030507800

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The Changing Administrative Law of an EU Member State by Domenico Sorace,Leonardo Ferrara,Ippolito Piazza Pdf

This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.

Central Courts in Early Modern Europe and the Americas

Author : A.M. Godfrey,C.H. van Rhee
Publisher : Unknown
Page : 543 pages
File Size : 49,7 Mb
Release : 2020-11-23
Category : Electronic
ISBN : 342818033X

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Central Courts in Early Modern Europe and the Americas by A.M. Godfrey,C.H. van Rhee Pdf

The intimate connection between medieval royal government and the administration of justice led to a new generation of centralized law courts emerging in early modern Europe. Some were newly created institutions, but often they were associated with the evolution of the judicial role of royal councils, or equivalent bodies, which sat outside the ordinary course of justice. Typically these were empowered on behalf of the sovereign to make interventions in legal process on grounds of equity. Legal change of this kind was connected with the development of the state, and reflected the way that enhancement in the exercise of centralized judicial authority could be a powerful force reshaping the administration of justice more generally. The contributions to this book seek to examine how such newly created or reformed central judicial bodies (in Europe but also to some extent in European colonial settlement in the Americas) became integrated into the wider structures of jurisdiction within states, with a superior or even supreme jurisdiction. A particular emphasis is given to exploring how their jurisdiction and authority related to other more political institutions of central governance with an adjudicative role, such as parliaments or privy councils.

The Max Planck Handbooks in European Public Law

Author : Armin von Bogdandy,Peter Huber,Christoph Grabenwarter
Publisher : Oxford University Press
Page : 977 pages
File Size : 48,6 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780191039850

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The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Peter Huber,Christoph Grabenwarter Pdf

The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

From the Nation State to the Market

Author : Hans-W. Micklitz,Dennis Michael Patterson
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2012
Category : Civil law
ISBN : OCLC:811256740

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From the Nation State to the Market by Hans-W. Micklitz,Dennis Michael Patterson Pdf

The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which is in its contacts with markets. In this chapter, we trace the evolution of the role of law in the private sphere, with special attention to EU law. Our thesis is that the State is in a process of evolution from a Nation State to a Market State. Looking at private law confirms this evolution.