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Comparative legal history
- Available as
- Physical
- Summary
-
"Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a...holistic way, and illustrates how comp...
"Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a...holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science...[This] handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide...cases of legal history through a comparative lens."--
Details
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- Creator
- edited by Olivier Moréteau, Louisiana State University, USA; Aniceto Masferrer, University of Valencia, Spain; Kjell Å. Modéer, University of Lund, Sweden
- Format
- Books
- Language
- English
- Contributors
- Publication
-
- Cheltenham, UK ; Northampton, MA : Edward Elgar Publishing Limited, [2019]
- ©2019
- Physical Details
-
- xiv, 497 pages ; 26 cm
- ISBNs
- 1781955212, 9781781955215, 9781781955222, 9781781955222
- OCLC
- on1047593802
- Includes bibliographical references and index.
- The emergence of comparative legal history / Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau -- What is comparative legal history? : legal historiography and the revolt against formalism, 1930-60 / Adolfo Giuliani -- Comparative? Legal? History? : crossing boundaries / Seán Patrick Donlan -- Methodological perspectives in comparative legal history : an analytical approach / Dag Michalsen -- Comparative legal history : methodology for morphology / Matthew Dyson -- Here, there and everywhere...or nowhere? : some comparative and historical afterthoughts about custom as a source of law / Jacques Vanderlinden -- Convergence and the colonization of custom in pre-modern Europe / Emily Kadens -- Custom as a source of law in European and East Asian legal history / Marie Seong-Hak Kim -- The ius commune as the 'ratio scripta' in the civil law tradition : a comparative approach to the Spanish case / Aniceto Masferrer and Juan A. Obarrio -- Legal education in England and continental Europe between the Middle Ages and the early modern period : a comparison / Dolores Freda -- The triumph of judicial review : the evolution of post-revolutionary legal thought / Jean-Louis Halpérin -- Killing the vampire of human culture : slavery as a problem in international law / Paul Finkelman and Seymour Drescher -- Continental European superior courts and procedure in civil actions (11th-19th centuries) / C.H. (Remco) van Rhee -- The genesis of concepts of possession and ownership in the civilian tradition and at common law : how did common law manage without a concept of ownership? : why Roman law did not / Anna Taitslin -- The common law and the Code civil : the curious case of the law of contract / Warren Swain -- When the wind turned south to west : the transition of Scandinavian legal cultures 1945-2000, a comparative sketch / Kjell Å. Modéer -- Unification and codification in today's European private law and 19th-century Germany : the challenges and opportunities of comparing historical and ongoing events / Dirk Heirbaut -- Owning the conceptualization of ownership : American civil law jurisdictions and the origins of 19th-century code provisions / Agustín Parise -- Why was private law not codified in Sweden and Finland? / Heikki Pihlajamäki