Bartolus Commentaria.pdf (original) (raw)

2016, The Formation and Transmission of Western Legal Culture. 150 Books that Made the Law in the Age of Printing, a cura di Serge Dauchy, Georges Martyn, Anthony Musson, Heikki Pihlajamäki & Alain Wijffels, Springer (Studies in the History of Law and Justice, 7)

WHAT DO WE OWE TO ROMANS? THE ROMAN SHIFT OF THE PARADIGM OF THINKING ABOUT LAW IN THE CONTEXT EUROPEAN LEGAL CULTURE

Journal of Security and Sustainability Issues , 2023

This study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however-in a sense-an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world.

A Cultural History of Law in the Middle Ages. Edited by Emanuele Conte and Laurent Mayali

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.

History of law and other humanities: views of the legal world across the time

2019

The collection of thirty-five essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture. The essays are organized into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of ‘law and/in humanities’ (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics). The variety of authorial nationalities gives the collection a multicultural character and the historiographical interpretation is the element that unites the collection, with a breadth of the chronological period goes from antiquity to the contemporary age. This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017

Roman Law and European Legal Culture (eds. A. Dębiński, M.Jońca)

1. Antoni Dębiński: Introduction to the subject of the conference: the role and significance of Roman law in the legal history of Europe 2. Tomasz Giaro: Roman Law always dies with a codification 3: Mychajło Bajmuratow From Roman municypia to modern local government 4: Paul du Plessis The development of legal doctrine in the ius commune: a case study 5: Wołodymyr Kossak The reception of Roman law regulations on mortgage in the legislation of Ukraine 6: Michal Skreipek Roman roots of contract of bailment in Czech law 7: Jewhen Charytonow Roman law reception in contemporary Ukrainian civil law 8: Wojciech Dajczak The civilian tradition and the modern debate on the rules of private law. Remarks against the factors of unjustified enrichment 9: Marek Kurylowicz Roman law as a universal ethical metaphor (on the example of Louis Aragon and Mieczyslaw Jastrun)

The beginnings of medieval and modern jurisprudence: The development of European legal thought

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.

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