Description
Book SynopsisEuropean law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today''s state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on heartlands of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe''s geographical fringes such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Table of ContentsI. Approaches to European Legal History: Historiography and Methods 1: James Q. Whitman: The World Historical Significance of European Legal History: An Interim Report 2: Joachim Rückert: The Invention of National Legal History 3: Randall Lesaffer: The Birth of European Legal History 4: Kjell Å Modéer: Abandoning the Nationalist Framework: Comparative Legal History 5: Thomas Duve: Global Legal History: Setting Europe in Perspective II. The Ancient Law and the Early Middle Age 6: Michael Gagarin: Ancient Greek Law 7: Pier Giuseppe Monateri: Early Roman Law And The West: A Reversal Of Grounds 8: Paul du Plessis: Classical and Post-Classical Roman Law: The Legal Actors and The Sources 9: Luigi Capogrossi Colognesi: Institutions of Ancient Roman Law 10: Bernard Stolte: Byzantine Law: The Law of the New Rome 11: Karl Shoemaker: Germanic Law III. The Law in the High and the Late Middle Ages: The Learned Ius commune and the Vernacular Laws 12: Peter Clarke: Western Canon Law in the Central and Later Middle Ages 13: Jan Hallebeek: Structure of Medieval Roman Law: Institutions, Sources, and Methods 14: Thomas Rüfner: Substance of Medieval Roman Law: The Development of Private Law 15: Antonio Manuel Hespanha: Southern Europe (Italy, Iberian Peninsula, France) 16: Mathias Schmoeckel: Holy Roman Empire of the German Nation 17: Mia Korpiola: High- and Late-Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences 18: Mia Korpiola: Customary Law and the Influence of the Ius commune in High- and Late-Medieval East Central Europe 19: Paul Brand: The Beginnings of the English Common Law (to 1350) 20: Andrew R C Simpson: The Scottish Common Law: Origins and Development, ca.1124-ca.1500 21: Heiner Lück: Urban Law: The Law of Saxony and Magdeburg 22: Albrecht Cordes & Philipp Höhn: Extra-legal and Legal Conflict Management among Long-distance Traders (1250-1650) 23: Dirk Heirbaut: Feudal law IV. European Law in the Early Modern Period: The Fields of Law and the Changing Scholarship 24: Jan Schröder: Legal Scholarship: The Theory of Sources and Methods of Law 25: David Ibbetson: Natural Law in Early Modern Legal Thought 26: John Witte, Jr: Law and the Protestant Reformation 27: Wim Decock: Law of Property and Obligations: Neoscholastic Thinking and Beyond 28: Massimo Meccarelli: Criminal Law: Before a State Monopoly 29: Alain Wijffels: Civil Procedural Law, the Judiciary, and Legal Professionals 30: Ulrike Müßig: Jurisdiction, Political Authority, and Territory 31: Bernardo Sordi: Public Law Before 'Public Law' V. European Law in the Early Modern Period: The Age of Expansion 32: Peter Oestmann: The Law of the Holy Roman Empire of the German Nation 33: Serge Dauchy: French Law and its Expansion in the Early Modern Period 34: Matthew C. Mirow: Spanish Law and its Expansion 35: Heikki Pihlajamäki: Scandinavian Law in the Early Modern Period 36: Ken MacMillan: English Law and its Expansion 37: Marianna Muravyena: Russian Law in the Early Modern Period 38: Mark Hickford: Colonial and Indigenous 'Laws' - The Case of Britain's Empires, Circa 1750-1850 VI. The Nineteenth Century and Beyond: The Emergence of Modern Law 39: Jean-Louis Halpérin: The Age of Codification and Legal Modernisation in Private Law 40: Hans-Peter Haferkamp: Legal Formalism and its Critics 41: Dieter Gosewinkel: The Constitutional State 42: Martti Koskenniemi & Ville Kari: A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century) 43: Bruno Aguilera-Barchet: The Law of the Welfare State 44: Michael Lobban: The Law of Obligations: The Anglo-American Perspective 45: Markus D. Dubber: Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth And Twentieth Century 46: Michael Stolleis: European Twentieth Century Dictatorship and the Law 47: Yoram Gorlizki: Communism and the Law 48: Peter Lindseth: The Law of the European Union in Historical Perspective
