Over the past two thousand years, Western legal systems have had to alter some of their most basic principles in order to regulate the giving of gifts. This is a study of how legal concepts from the marketplace have been reshaped to accommodate a fundamentally different type of social practice. Richard Hyland examines the law of gifts in England, India, and the United States, and in Belgium, France, Germany, Italy, and Spain. Giftsalso surveys the extensive discussion about gift giving in anthropology, history, economics, philosophy, and sociology. In addition, Hyland offers a critique of the functionalist method in comparative law and demonstrates the benefits of an interpretive approach.
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
An examination of kings' courts and lords' courts in Normandy that opens a new chapter in the debate over absolutism, sovereignty, and the nature of the state in early modern France. Hidden deep in the countryside of France lay early modern Europe's largest bureaucracy: twenty- to thirty-thousand royal bailiwick and seigneurial courts that served more than eighty-five percent of the king's subjects. The crowncourts and lords' courts were far more than arenas of litigation, in the modern sense. They had become the nexus of local governance by the middle of the seventeenth century, a rich breeding ground for men who controlled the villages, towns, and bailiwicks of France. Yet even as the centralizing state was reaching its zenith under Louis XIV, the king's largest permanent bureaucracy became increasingly alienated and cut adrift from the crown, many decades before the French Revolution. In The King's Bench, Zoë Schneider vividly brings to life the teeming world of the local courts, with their magistrates and jailers, townspeople and peasants. Together they contested that vital border where the private world of families and property collided with the public commonwealth. Schneider chronicles the transformation of local governance after the mid-seventeenth century, as judges and their courts became the face of public order in the countryside. With this richly detailed local study of Normandy in the seventeenth and early-eighteenth centuries, Zoë Schneider opens a new chapter in the debate over absolutism, sovereignty, and the nature of the state in early modern France. Zoë A. Schneider has taught at Georgetown University and with the Smithsonian Institution in Washington, D.C.
The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve.
