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Preclassical Conflict of Laws

Preclassical Conflict of Laws

Author: Nikitas E. Hatzimihail
Publisher: Cambridge University Press
ISBN: 9781009363907

Published In: April 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780521863025

List Price: S$74.88

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Description
Contents

Details

To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

1. Introduction

Part I. History and Historiography:

2. Historical literature and historical consciousness in contemporary private international law

3. Preclassical conflict of laws in modern historical consciousness

Part II. Current Concerns:

4. Conflict of laws as a conceptual battlefield

5. Conflict of laws as a doctrinal exercise

6. Conflict of laws in a world system

Part III. Bartolus da Sassoferrato and Medieval Conflict of Laws:

7. Nunc veniamus ad glossam: Bartolus comments on cunctos populos

8. Bartolus in a world system

9. Bartolan conflicts as a doctrinal exercise