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THE COMMON LAWS OF EUROPE

H. Patrick Glenn

in On Common Laws

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227655
eISBN:
9780191713606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227655.003.0001
Subject:
Law, Comparative Law, Legal History

This chapter begins by discussing the need for a new European ius commune and the possibility of some global implications of its use. It then talks about the history of the European common laws ... More


Historical Observations

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0002
Subject:
Law, Philosophy of Law

This chapter traces the historical connections between the law and the state. Topics covered include codifications and the state, textual foundations of the ius commune, and legislative codifications ... More


Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea*

Reinhard Zimmermann

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0001
Subject:
Law, Company and Commercial Law

This chapter focuses on a key document within the process of the Europeanisation of private law legal scholarship, the Principles of European Contract Law (PECL). It suggests that these principles ... More


Citations and the Construction of Procedural Law in the Ius Commune

Richard H Helmholz

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0020
Subject:
Law, Legal History

This chapter focuses on only one aspect of procedural law: that relating to citations, the process by which parties were summoned to appear before a court. It examines three specific parts of the law ... More


Attitudes to Codification and the Scottish Science of Legislation, 1600–1830

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0007
Subject:
Law, Legal History

This chapter traces the developments in Scots law from 1600 to 1830. The mindset of Scottish lawyers changed significantly over the course of the eighteenth century. In 1700, Scots law was best ... More


Ius Commune

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0006
Subject:
Law, EU Law

This chapter looks at the possibilities and impossibilities of an ius commune, a common European law, particularly in the area of tort law. There has been strong support for discussing the ... More


The Investigation of Heresy

Ian Forrest

in The Detection of Heresy in Late Medieval England

Published in print:
2005
Published Online:
September 2007
ISBN:
9780199286928
eISBN:
9780191713217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286928.003.0003
Subject:
History, British and Irish Medieval History

This chapter sets out the basic structures within which heresy-detection took place, looking at the cooperation and conflicts between church and crown, and the conduct of investigations by bishops, ... More


Civil Procedure and the Law of Proof

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0005
Subject:
Law, Legal History

This chapter deals with instances of litigation and follows the habits of the civilians with regards to judicial proceeding. The rough identity of procedure in spiritual and secular assemblies, one ... More


The Law of Slavery and the European Ius Commune

R.H. Helmholz

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0003
Subject:
Law, Human Rights and Immigration, Legal History

This chapter explores the ways slavery was defined in the medieval and early modern ius commune. It studies some of the consequences of that definition of slavery for men and women in Europe. It ... More


European Tort Law

Cees van Dam

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.001.0001
Subject:
Law, EU Law

This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the ... More


The Great Promise of Comparative Public Law for Latin America: Toward Ius Commune Americanum?

Alejandro Rodiles

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0023
Subject:
Law, Public International Law, Comparative Law

This chapter analyzes “ius constitutionale commune in Latin America” (ICCLA) in light of comparative international law. For the proponents of ICCLA, this represents a common public law of the region ... More


Unjustified Enrichment

Daniel Visser

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0017
Subject:
Law, Legal History

The law of enrichment in many ways reflects the character which South African law generally has developed over the past three centuries. In certain respects it has unmitigated antiquarian features. ... More


Societas

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0015
Subject:
Law, Law of Obligations

This chapter deals with the fourth of the consensual contracts, societas or partnership. Societas is not based primarily on an antagonism of interests, its essence is the polling of resources such as ... More


Testamentary Formalities in Latin America with particular reference to Brazil

Jan Peter Schmidt

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0005
Subject:
Law, Company and Commercial Law

This chapter shows that the law on testamentary formalities in the Latin American countries is historically rooted in the European ius commune and that it has preserved this tradition to a remarkable ... More


Deconstructing Iurisdictio: The Adventures of a Legal Category in the Hands of the Humanist Jurists

Guido Rossi

in Reassessing Legal Humanism and its Claims: Petere Fontes?

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474408851
eISBN:
9781474418522
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474408851.003.0004
Subject:
Law, Philosophy of Law

This chapter looks at the legal humanists' approach on the concept of iurisdictio, and at the reaction of civil lawyers to the humanists' critique. It explores the reasons why legal humanists ... More


The Effect of Debasements on Pre-existing Debts in Early Modern Jurisprudence

Harry Dondorp

in Money in the Western Legal Tradition: Middle Ages to Bretton Woods

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198704744
eISBN:
9780191774041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198704744.003.0013
Subject:
Law, Legal History

This chapter looks into the effects of debasement of monetary value on pre-existing debts during the sixteenth and seventeenth centuries. It analyses the ideas of Charles Dumoulin regarding the ... More


English Looters and Scottish Lawyers: The Ius Commune and the College of Justice

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0002
Subject:
Law, Legal History

This chapter further discusses the significance of the ius commune in Scotland through an account of the looting of law books from Edinburgh in 1544 by an English knight. The account agrees with ... More


Introduction

John W Cairns and Paul J du Plessis

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0010
Subject:
Law, Legal History

This introductory chapter begins with a review of studies on the history of European law and the well-known narrative about the development of a pan-European ius commune or universal common law, ca ... More


The Universal Rule of Law in the Thought of the Late Medieval Jurists of Roman and Canon Law

Joseph Canning

in Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order

Published in print:
2018
Published Online:
April 2018
ISBN:
9780199670055
eISBN:
9780191749438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199670055.003.0002
Subject:
Law, Public International Law

Late medieval Roman and canon law jurisprudence provided the origins of European notions of a universal rule of law in two senses: a legal order of universal extent and a structure of higher norms of ... More


Legal Obstacles

Kenneth Stow

in Anna and Tranquillo: Catholic Anxiety and Jewish Protest in the Age of Revolutions

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300219043
eISBN:
9780300224719
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300219043.003.0008
Subject:
History, European Modern History

This chapter discusses how the law confers privileges on the Jews as cives, except in the spiritual forum. Nonetheless, while in the Papal State, the privileges of being cives were never entirely ... More


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