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

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

Author: Seán Patrick Donlan; Dirk Heirbaut
Publisher: Duncker & Humblot GmbH
ISBN: 9783428147151
Published In: October 2015
Format: Paperback
Jurisdiction: Germany ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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