The Oxford Handbook of European Legal History

Bulletin of the John Rylands Library, 1990

Dialog Campus Publisher

In this volume, I have tried to expand in four directions, starting from the field of thinned-out legal theory. In the introductory chapter, I outlined some of the basic features of the development of medieval and modern European law; in the following chapters - and this is the title of the volume - I analysed the main stages in the development of European jurisprudence over the last thousand years; finally, in the last two chapters, I attempted to summarise briefly the development of the main categories of private law dogmatics and criminal law dogmatics. The latter two openings may allow theorists of legal theory and of these two fields of law to develop common forums for discussion, thus reviving the discourses of legal philosophy/criminal law and legal philosophy/private law theory which have been extinct for many decades. It should be pointed out that this four-way opening has brought such a mass of literature into the analysis, less Hungarian than German, Anglo-American and French legal literature, that in this first round I have had to limit myself to a simple excerpt in a number of cases concerning new topics. This is particularly the case in the chapters on glossators and commentators, where I have based my writing mainly on the analyses of Hermann Lange and the Coing-Handbuch, and in the chapter on the development of private law doctrinal categories I have focused mainly on Hans Hattenhauer's monograph on this subject.

Grounds were often excluded from civil judgments before the French Revolution. The present article explains how such grounds may be reconstructed on the basis of other sources. Starting point are the superior courts of the Low Countries.

DIRITTO CANONICO E CULTURE GIURIDICHE NEL CENTENARIO DEL CODEX IURIS CANONICI DEL 1917, 2019

Essay discusses the relationship of canon law, Roman law, feudal law, and English law in the twelfth and thirteenth centuries.

2014

Przegląd Prawa Konstytucyjnego

The development of the "natural law" movement during the Enlightenment era has influenced European legal thought and provoked discussions on the law interpretation method. In the 19 th century, French and German legal scholarship developed different methodological approaches referring to some historical, social, and multidimensional aspects and foundations of law. The article explores the evolution of the main scientific positions on the method of interpretation of the law which have appeared in French jurisprudence in the 19 th and the first half of the 20 th century. In France, from the early 19 th century, the positivist school of exegesis dominated legal studies. In the half of the century, a new trend of scientific research was developed. The representatives of the current have pondered pluralism of the methods applied in legal research. Then, in France, we observe the rise of the "free scientific research" initiated by François Gény.

2019

This is the second volume of a series of six, published by Bloomsbury in 2019. The contributions included in this volume cast new light on the cultural significance of law in the Middle Ages. As it evolved from a combination of religious norms, local customs, secular legislations and Roman jurisprudence, medieval law defined a normative order that was more than the sum of its parts. It promoted new forms of individual and social representation. It fostered the political renewal that heralded the transition from feudalism to the early modern state and contributed to the diffusion of a common legal language with the emergence of the ius commune.

Frünenzeit-Info, 23, 2012: 45-52, 2012

Abstract: Civil court records have remained until recently an obscure source for historians of early modern France. These documents have been neglected and under used mostly because scholars have preferred to focus on the more colourful study of criminality. Recently, however, a new interest in local and seigneurial courts has stimulated a significant production of doctoral dissertations and manuscripts, which use and rehabilitate civil court records in historiography. This paper examines the historical value of such documents and presents recent developments and trends in historical research concerning French early modern civil courts and civil records. But more importantly, it also proposes a few new directions for research using this particular type of source, research that could enrich not only French historiography, but also the historiography of early modern justice.