This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws. The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
This book explores why and how late medieval Frisians fundamentally changed their own legal system by incorporating elements of foreign laws, from when ordeals were held to how last wills were written and the guardianship of children.
This study explores the reception of learned law in Late Medieval Frisia, particularly in the 14th and 15th centuries. While scholars in the 17th century noted the comprehensive application of Roman law in Frisia, this study shows that elements of learned law were present for centuries prior. It investigates the changes in the Frisian legal system, methods, and norms, as well as the reasons for adopting or adapting foreign law. During the Medieval period, Frisia enjoyed a unique position of self-governance, with no feudal structures or serfdom. Consequently, changes to the legal system were made by the Frisians themselves and their customs and practices, rather than by a central authority. Three legal cultures form the basis of this research: traditional and indigenous Frisian law, Canon law with its consequential establishment of ecclesiastical structures, and the spread of Roman law in the late Medieval period. The analysis focuses on the interaction between these three legal cultures in the law and legal practice of late Medieval Frisia. This study examines five separate topics, covering five fields of law: niarkap and contract law; proof and procedural law; theft and the law of delict; testaments; and widowhood and guardianship. Based on the findings, it can be suggested that Late Medieval Frisia's reception of learned law consisted of receiving systems, methods, and norms to varying degrees, but it was never complete. Frisians had various reasons to adopt elements of learned law, such as filling gaps in their own legal system, but they also had several reasons to resist receiving such elements and maintain their traditional legal concepts and elements, like niarkap, oaths, and the house search. The conclusion identifies a progression in the reception of learned law from the 14th to the 15th century, starting primarily with comparisons between Frisian and learned law, which eventually led to the adoption of norms, methods, and systems.
Borkowski's Textbook on Roman Law provides a clear and concise overview of Roman private law and civil procedure, supported by numerous extracts in translation from the Digest and Institutes. The book has been written with undergraduate students in mind and covers all key areas commonly taught on Roman law courses at undergraduate level.
Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.
A standard legal resource since its first edition in 1978, this matchless book has proven itself the ideal overview of Dutch law for foreign lawyers. This Fifth Edition fully updates its systematic description of the legal sources, institutions, and concepts in all major fields of law. Recent developments covered include the progressive implementation of standards set by international conventions, the reorganization of the judiciary, the statute on environmental law, and the (re)codification of private international law. The continuing influence of European law is evident in many fields, perhaps most notably in family law. The various chapters are written by experts – scholars and lawyers – in particular fields, and provide an authoritative overview of each field. The historical sources of Dutch law are discussed, as well as Dutch legal culture, judicial organization, legal education, and the legal profession. These chapters are followed by introductions to essential issues of private and public law and labour law. The last chapter examines questions of legal philosophy. The only resource of its kind available, this book is unmatched as a thorough guide to further research. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparatists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Fifth Edition has been prepared under the auspices of the Netherlands Comparative Law Association.
Textbook on Roman Law provides students with an exposition of Roman civil law and procedure, setting the law in the context of the history of Rome and keeping the use of Latin phrases to a minimum. A major feature of the book is the use of texts from Roman legal and literary sources.
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
