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The Historical Foundations of Grotius’ Analysis of Delict

The Historical Foundations of Grotius’ Analysis of Delict

Name: The Historical Foundations of Grotius’ Analysis of Delict
Brand: Brill Nijhoff
SKU: 9789004344365
Price: 1556.10 HKD
Availability: InStock
Author: Joe Sampson
ISBN: 9789004344365

By Joe Sampson

Brill Nijhoff December 2017

Specifications

ISBN-13: 9789004344365
Publisher: Brill Nijhoff
Publication: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.

Preface; Acknowledgements; Part I. Introduction; 1.
The Place of Grotius in European Private Law: 2.
Grotius’ Formulation of Delict: The General Definition; Remediation; The Harm Element; Responsibility; Conclusion; Part II. The Civil Law; 3.
The Roman Law of Delicts: Delict and Crime; The Delicts as Conduct-Centric Wrongs; Piecemeal Doctrine and Historical Patchwork; A Plurality of Fault Concepts; The Narrowness of the Interests Protected by Delict; Gaps in the Roman Law of Delicts; Barriers to Generalisation; 4.
Delict in the Middle Ages: A Chronological Overview of Delict in the Middle Ages; Fault and Diligence; Doctrinal Developments in the Lex Aquilia; Iniuria; Conclusion; 5.
Delict in the Sixteenth Century: Delict and the Mainstream of ‘Legal’ Humanism; Individual Strands within Sixteenth-Century Delictual Scholarship; Donellus and the Generalisation of Delictual Scholarship; The Procedural Bias of Earlier Movements towards the Generalisation of Delict; Conclusion; Part III. Grotius’ Thomist Sources; 6.
The Foundations of Thomism: Praise, Blame and Responsibility; Justice as a Virtue; Aristotelianism and Roman Law in Spain; 7.
‘Delict’ in the Summa Theologiae: The Structure of Wrongdoing; Commutative Justice and Restitutio; Individual Sins; Voluntariness; Voluntariness and Restitutio; Responsibility and Agency; Conclusion; 8.
The Mechanics of Restitutio: Wrongdoing as the Primary Source of Inequality; Commensurability; The Problem of Priorities; Actual and Hypothetical Losses; Excusing Restitutio: Impossibility and Disproportionate Hardship; Conclusion; 9.
Sins, Wrongs and Rights: From Specific Wrongs to Protected Interests; The Development of Individual Wrongs; From Wrongs to Rights; 10.
Roman Law and Thomism: The Rise of Fault within Thomism; A Syncretic Legal Culture?; Part IV. Conclusion; 11.
The Historical Foundations of Grotius’ Analysis of Delict: Remediation; Responsibility; Loss and Harm; Conclusion; Bibliography; Index