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Authorities in Early Modern Law Courts

Authorities in Early Modern Law Courts

Author: Guido Rossi
Publisher: Edinburgh University Press
ISBN: 9781474451017

Published In: November 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781474451000

RM176.84

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The first comparative study of the relationship between law courts and substantive law in the early modern period.

Compares late medieval to early modern civil law from a practical viewpoint
Assesses the influence of law courts on the development of substantive law
Re-evaluates and challenges current orthodox views about early modern civil law

Bringing together some of the most distinguished scholars in the field including John Ford, Javier García Martín, David Ibbetson, Annamaria Monti, Peter Oestmann, Heikki Pihlajamäki and Alain Wijffels, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law – and not on its systematisation by learned jurists – it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law.

A Note on Names and Book Titles

List of Contributors

Preface, Guido Rossi

The Imperial Chamber Court and the Development of the Law in the Holy Roman Empire, Peter Oestmann

The Parliament of Paris and the Making of the Law at the beginning of the Eighteenth Century, Isabelle Storez-Brancourt

Law Reports of the Parliament of Flanders and their Authority in the Parliament’s Practice, Géraldine Cazals, Sabrina Michel, and Alain Wijffels

Legal fragmentation in the Dutch republic during the Seventeenth and Eighteenth Centuries, Philip Thomas

Law Reports as Legal Authorities, in Early-Modern Belgian Legal Practice, Alain Wijffels

Legal Authorities in Castilian Courts’ Practice: Decisiones and Consilia to study the arbitrium iudicis, Javier García Martín

Legal Authorities in the Making of Portuguese Private Law: Emphytheusis and Majorat in Practical Literature, Gustavo César Machado Cabral

Under the legal authority of the Senate of Milan (16th-17th centuries), Annamaria Monti

Law Reporting, Authority and Precedent: The Common Law paradigm, David J Ibbetson

Paradigms of Authority in the College of Justice in Scotland, John D Ford

Legal Authorities in the Seventeenth-Century Swedish Empire, Heikki Pihlajamäki

Iura Scripta and Operae Iurisperiti in Municipal Courts of Kingdom of Poland in 16th-18th Centuries, Maciej Mikuła

Bibliography

Index of Names and Places

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