The Laws' Many Bodies: Studies in Legal Hybridity and Jurisdictional Complexity, c1600–1900

Legal History

The Laws' Many Bodies: Studies in Legal Hybridity and Jurisdictional Complexity, c1600–1900

Edited by Seán Patrick Donlan · Dirk Heirbaut
Duncker & Humblot GmbH October 2015

Specifications

ISBN-13
9783428147151
Publisher
Duncker & Humblot GmbH
Publication
October 2015
Format
Paperback
Jurisdiction
Germany ? Countri(es) for reference only

Details

Across the West, a legal system centred on the state, the creation of general national laws, the elimination of competing jurisdictions, and the marginalization of non-legal norms was a very long historical process. This volume examines the »poly-juralism« of Europe’s past – its legal hybridity and jurisdictional complexity – through case studies from a number of perspectives and traditions: Anglo-American, continental, Nordic, and mixed. The authors remind us that law precedes and surrounds the state, which is but one source of norms. They contest the anachronistic projection of modern legal nationalism, positivism, and centralism into the past. And these studies challenge both ideas of deep correspondence between laws, culture, and society and the division of Western traditions into reasonably discrete, closed legal families. Indeed, the lessons of this plural past can shed considerable light on the present, both in the West and across the globe.

Comparative Studies in Continental and Anglo-American Legal History, Volume 32

Table of Contents

A Patchwork of Accommodations›: European Legal Hybridity and Jurisdictional Complexity – An Introduction
Jurisdictional Complexity in the Ecclesiastical State: A Discussion on the Diversity of Laws in Legal Education and Legal Practice
Jurisdictional Complexity in Antwerp Company Law (1480–1620)
Ancien Régime France: Legal Particularism under the Absolute Monarchy
Jurisdictional Complexity: The Survival of Private Jurisdictions in England
On Forgotten Jurisdictional Complexities: The Case of Early Modern Sweden
Normative Hybridity in Antwerp Marine Insurance (c.
1650–c.
1700)
Pluralism in France in the Modern Era – Between the ›Quest for Justice‹ and ›Uniformity T hrough the Law‹: The Case of Roussillon
Plurality of Laws and Ius Commune in the Spanish Legal Traditions: The Cases of Catalonia and Valencia
Jurisdictional Complexity in Post-Union Scotland
Killing Legal Complexity: The Jurisprudence of the German Reichsgericht in the First Years of its Existence;
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