Common law, civil law, and colonial law : essays in comparative legal history from the twelfth to the twentieth centuries / edited by William Eves, John Hudson, Ingrid Ivarsen, Sarah B. White.
Material type: TextPublication details: UK, Cambridge University Press, 2021.Description: 338pagesISBN:- 9781108845274
- 9781108925129
- 340.209 EVE.C
Item type | Current library | Home library | Collection | Call number | Status | Date due | Barcode | |
---|---|---|---|---|---|---|---|---|
Reference | Dept. of Law Reference | Dept. of Law | Reference | 340.209 EVE.C (Browse shelf(Opens below)) | Not For Loan | LAW5705 |
Includes index.
'In aliquibus locis est consuetudo' : French lawyers and the Lombard customs of fiefs in the mid-fiefs in the mid-thirteenth century / Attilio Stella -- What does Regiam maiestatem actually say (and what does it mean)? / Alice Taylor -- James VI and I, rex et iudex : one king as judge in two kingdoms / Ian Williams -- George Harris and the comparative legal background of the first English translation of Justinian's Institutes / Łukasz Jan Korporowicz -- The nature of custom : legal science and comparative legal history in Blackstone's commentaries / Andrew J. Cecchinato -- Through a glass darkly : English common law seen through the lens of the Göttingische gelehrte anzeigen (Eighteenth Century) / Carsten Fischer -- Looking afresh at the French roots of continuous easements in English law / Ciara Kennefick -- Case law in Germany : the significance of Seuffert's Archiv / Clara Günzl -- Leone Levi (1821-1888) and the history of comparative commercial law / Annamaria Monti -- Radical title of the crown and aboriginal title : North America 1763, New South Wales 1788, and New Zealand 1840 / David V. Williams -- The High Court of Australia at mid-century : concealed frustrations, private advocacy, and the break with English law / Tanya Josev -- English societal laws as the origins of the comprehensive slave laws of the British West Indies / Justine Collins.
"This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10-13 July 2019. The theme of the conference gives this book its title: 'comparative legal history'. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project 'Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries'. But the chosen topic was also connected to the fact that this was, we think, the first British Legal History Conference held at a university without a Law faculty. Bearing in mind the question of how far institutional setting determines approach, our hope was that an element of fruitful comparison would stimulate people to think further about the range of approaches to legal history. With its explicit agenda of breaking down barriers, comparative legal history provided a particularly suitable focus for this investigation. After situating the subject matter of comparative legal history, and then discussing the levels of comparison that may be most fertile, this introduction moves on to considering the practical tasks of researching and writing such history, using the essays included in the volume to suggest ways ahead. The introduction groups the essays under certain headings: 'Exploring legal transplants'; 'Investigating broader geographical areas'; 'Case law, precedent and relationships between legal systems'; and 'Exploring past comparativists and the challenges of writing comparative legal history'. Yet the essays could be kaleidoscopically rearranged under many headings, including those employed within the volume itself. We hope that the book, like a successful conference, includes many stimulating conversations"--
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