Preclassical Conflict of Laws

Conflict of Laws › Legal History

Preclassical Conflict of Laws

By Nikitas E. Hatzimihail
Cambridge University Press April 2023

Specifications

ISBN-13
9781009363907
Publisher
Cambridge University Press
Publication
April 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Hardback

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.

Table of Contents

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
10. Bartolus and the modern consciousness
Part IV. Ulrik Huber (1636–1694) and Conflict of Laws in the Early Modern Era:
11. 'It often happens that transactions...': Huber on the conflict of laws
12. The world system of Huber's conflict of laws
13. Huber's conflict of laws as a doctrinal work
14. Huber and the modern consciousness
Epilogue:
15. Preclassical conflict of laws configured
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