Amne adverso

Amne adverso

Author: Laurent Waelkens

Publisher: Leuven University Press

Published: 2015-10-27

Total Pages: 425

ISBN-13: 9462700540

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Introduction to the history of Roman law and its institutions Throughout its history, Europe has been influenced by Roman culture, a culture with a strong sense of society and highly legal-minded. Hence, Roman law is of major importance in European thinking. It was the first subject to be taught at university and it remains tightly interwoven with all layers of European civilisation. This book provides an introduction to the history of Roman law and its institutions, as they developed from Antiquity until the nineteenth century. Concepts such as fundamental rights and freedoms, lawsuits, family law, rightsin rem, and obligations have their origins in classical Antiquity and were developed further throughout European history. The historical processing of our Roman legal heritage is treated from the perspective of comparative legal history. The book is written for undergraduate law students, but is also relevant for scholars from other disciplines.


Assessing the Harms of Crime

Assessing the Harms of Crime

Author: Victoria A. Greenfield

Publisher: Oxford University Press

Published: 2022

Total Pages: 369

ISBN-13: 0198758170

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This book examines the principle of 'harm' as a basis for crime-control policy and the prioritization of criminalized activities, as well as providing a systematic, evidence-based framework to assess the harms of crime, to improve the allocation of resources to crime prevention and law enforcement.


Contract Before the Enlightenment

Contract Before the Enlightenment

Author: Stephen Bogle

Publisher: Oxford University Press

Published: 2023-03-08

Total Pages: 305

ISBN-13: 0192884980

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Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.


Great Christian Jurists in the Low Countries

Great Christian Jurists in the Low Countries

Author: Wim Decock

Publisher: Cambridge University Press

Published: 2021-10-07

Total Pages: 707

ISBN-13: 1108575064

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What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.


Patrimony and Law in Renaissance Italy

Patrimony and Law in Renaissance Italy

Author: Thomas Kuehn

Publisher: Cambridge University Press

Published: 2022-03-03

Total Pages: 267

ISBN-13: 131651353X

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Family was a central feature of social life in Italian cities. This wide-ranging volume explores patrimony in legal thought and how family property was inherited, managed and shared legally and its central role in Renaissance Italy.


Roman Law

Roman Law

Author: Rafael Domingo

Publisher: Routledge

Published: 2018-04-17

Total Pages: 295

ISBN-13: 1351111450

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Roman Law: An Introduction offers a clear and accessible introduction to Roman law for students of any legal tradition. In the thousand years between the Law of the Twelve Tables and Justinian’s massive Codification, the Romans developed the most sophisticated and comprehensive secular legal system of Antiquity, which remains at the heart of the civil law tradition of Europe, Latin America, and some countries of Asia and Africa. Roman lawyers created new legal concepts, ideas, rules, and mechanisms that most Western legal systems still apply. The study of Roman law thus facilitates understanding among people of different cultures by inspiring a kind of legal common sense and breadth of knowledge. Based on over twenty-five years’ experience teaching Roman law, this volume offers a comprehensive examination of the subject, as well as a historical introduction which contextualizes the Roman legal system for students who have no familiarity with Latin or knowledge of Roman history. More than a compilation of legal facts, the book captures the defining characteristics and principal achievements of Roman legal culture through a millennium of development.


Zemiology

Zemiology

Author: Avi Boukli

Publisher: Springer

Published: 2018-05-08

Total Pages: 293

ISBN-13: 3319763121

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This book challenges the given dichotomies between crime and harm, and criminology and zemiology. The main aim of the volume is to highlight the inexorable interconnectedness between systemically induced social harm and the corrosive flows of everyday crime both perpetrated and endured by those victimised by the capitalist system and its hegemonic vicissitudes. Drawing attention not only to various structurally imbedded harms, the chapters also outline the wider consequences of such harms, as they extend beyond immediate victims and contribute towards the further perpetuation of criminogenic and zemiogenic conditions. Comprising two parts, the first explores the relationship between crime and harm and criminology and zemiology, and the second explores the intersections of crime and harm through various lenses, including those trained on probation; global mobility; sexuality and gender; war and gendered violence; fashion counterfeiting; and the harms of the service economy. An exciting and wide-reaching volume written by world-renowned scholars, this collection is a must-read for students, academics, and policy makers in the fields of law, criminology, sociology, social policy, criminal justice, and social justice.


The Rearguard of Subjectivity

The Rearguard of Subjectivity

Author: Frank Fleerackers

Publisher: Springer Nature

Published: 2023-09-02

Total Pages: 212

ISBN-13: 3031268555

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Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.


Rights at the Margins

Rights at the Margins

Author: Virpi Mäkinen

Publisher: BRILL

Published: 2020-11-04

Total Pages: 277

ISBN-13: 9004431535

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Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.


Legal Thoughts Convert

Legal Thoughts Convert

Author: Jan M. Broekman

Publisher: Springer Nature

Published: 2020-03-07

Total Pages: 87

ISBN-13: 3030435172

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This book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect is its link with language – legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.