The Formation and Transmission of Western Legal Culture
The Formation and Transmission of Western Legal Culture

Author: Serge Dauchy

Publisher: Springer

Published: 2016-12-01

Total Pages: 586

ISBN-13: 3319455672

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This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Images and Cultures of Law in Early Modern England
Images and Cultures of Law in Early Modern England

Author: Paul Raffield

Publisher: Cambridge University Press

Published: 2004-04-29

Total Pages: 320

ISBN-13: 9780521827393

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This book offers an interesting interpretation of the hidden culture of the early modern legal profession and its influence on the development of the English constitution. It locates an alternative site of political sovereignty in the legal communities at the Inns of Court in London, examining the signs of legitimacy by which they sought to validate the claim that common law represented sovereign constitutional authority. The role of symbols in the culture of English law is central to the book's analysis. Within the framework of a cultural history of the legal profession from 1558 to 1660, the book considers the social presence of the law, revealed in its various signs. It analyses how institutional existence at the Inns of Court presented the legal community as an emblematic template for the English nation-state, defending the sovereignty of the Ancient Constitution by reference to the immemorial provenance of common law.

Law, the State, and the International Community
Law, the State, and the International Community

Author: James Brown Scott

Publisher: The Lawbook Exchange, Ltd.

Published: 2002

Total Pages: 1046

ISBN-13: 158477178X

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A leader in the development of modern international law. Originally published: New York: Columbia University Press, 1939-1940. 2 Vols. xxiv, 613; vi, 401 pp. Volume One: A Commentary on the Development of Legal, Political and International Ideals. Volume Two: Extracts Illustrating the Growth of Theories, and Principles of Jurisprudence, Government, and The Law of Nations. The author divides his subject into six main periods: The Greek Background, The Roman Heritage, The Christian Heritage (Ancient and Medieval), The Transition from Medieval to Modern Thought, The Era of Reform, The Beginning of the Modern Age.

Rule of Law, Justice, and Interpretation
Rule of Law, Justice, and Interpretation

Author: Luc B. Tremblay

Publisher: McGill-Queen's Press - MQUP

Published: 1997-10-24

Total Pages: 356

ISBN-13: 0773566910

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Tremblay's theory of the rule of law involves a set of practical principles that constitute the ideal type of a conception of law that is both constitutive and regulative of legal discourse and practice. Tremblay examines two competing ideal types, the "rule of law as certainty" and the "rule of law as justice." The former, a standard doctrine within contemporary legal, social, and political theory, is shown to be incoherent. Thus the "rule of law as justice," he shows, provides the best basis for understanding legal discourse in general and Canadian constitutional law in particular. Tremblay offers a coherent reconstruction of Canadian law from fundamental principles of the rule of law as justice and tests the theory through applications to key judicial decisions that have proven resistant to positivist interpretation. The Rule of Law, Justice, and Interpretation is both a stimulating work of contemporary legal theory and an innovative challenge to the traditions of Canadian constitutional law. Tremblay examines fundamental issues of legal epistemology and ontology and brings rigorous analytical jurisprudence to bear on interpretations and applications specific to Canadian constitutional law. Given the important implications of his theory for statutory and constitutional interpretation, especially with respect to the Canadian Charter of Rights and Freedoms and the potential crisis involving provincial rights of secession and partition, this book will be central to the practice of law in Canada.