Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century
Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century

Author: Michael H. Hoeflich

Publisher: University of Georgia Press

Published: 1997

Total Pages: 221

ISBN-13: 0820318396

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Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

American Comparative Law
American Comparative Law

Author: David S. Clark

Publisher: Oxford University Press

Published: 2022-09-02

Total Pages: 585

ISBN-13: 0195369920

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"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

The Oxford Handbook of Legal History
The Oxford Handbook of Legal History

Author: Markus D. Dubber

Publisher: Oxford University Press

Published: 2018-08-02

Total Pages: 1201

ISBN-13: 0192513133

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Essays in the History of Canadian Law
Essays in the History of Canadian Law

Author: J. Phillips

Publisher: University of Toronto Press

Published: 2008-09-18

Total Pages: 484

ISBN-13: 1442693207

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Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada. Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure. A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much.

The Cambridge Companion to Roman Law
The Cambridge Companion to Roman Law

Author: David Johnston

Publisher: Cambridge University Press

Published: 2015-02-16

Total Pages: 555

ISBN-13: 1316239624

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This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.

Formalism and Pragmatism in American Law
Formalism and Pragmatism in American Law

Author: Thomas C. Grey

Publisher: BRILL

Published: 2014-09-03

Total Pages: 270

ISBN-13: 9004272895

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In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.

Jurists and Jurisprudence in Medieval Italy
Jurists and Jurisprudence in Medieval Italy

Author: Osvaldo Cavallar

Publisher: University of Toronto Press

Published: 2020

Total Pages: 894

ISBN-13: 1487507488

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This unique collection makes available, for the first time, translations of medieval Italian jurisprudence, including commentaries, tracts, and legal opinions by leading jurists.