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Read e-book online An Historical Introduction to Private Law PDF

By R. C. van Caenegem

ISBN-10: 0521405149

ISBN-13: 9780521405140

During this e-book one of many world's most appropriate criminal historians makes an attempt to provide an explanation for what produced the non-public legislations of the Western international as we all know it this present day. Professor van Caenegem will pay specific recognition to the origins of the typical law-civil legislations dichotomy, and the way it arose that England and the continent of Europe, even supposing sharing a similar civilization and values, stay below diverse felony platforms. The chronological assurance extends from the Germanic invasion within the early heart a while to the current day, incorporating research of the medieval Roman and canon legislation (both items of the legislation schools), and that of the varsity of normal legislations that encouraged the nice nationwide codifications of the trendy age. He evaluates the position of the lawgivers--emperors, kings, and parliaments--and that of the judges, really, after all, within the lands of the English universal legislation. The e-book relies on either an intensive secondary literature in numerous languages, and on facts accrued through Professor van Caenegem during the last 40 years.

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Gui Coquille (Paris, 1605). 14 Loisel attempted to separate and order systematically the subject-matter and elements common to the various customs, and to this end he referred principally to the Coutume de Paris. If the work of these authors on custom illustrates how much progress had been made since the first sketches and drafts of the thirteenth century, it also shows how great a contribution to customary literature had been made, over the centuries, by learning based on the Corpus iuris. Commentators in the Netherlands 27 In the old Netherlands, particularly the old county of Flanders, local customary law was also set down in coutumiers (in Dutch, rechtsboeken or 'books of law').

It culminated in the work of Charles Du Moulin (d. 1566), the most eminent learned commentator on French customary law. 11 But he dedicated his main studies to customary law: his grand design was to set out from the principles of the Coutume de Paris and to arrive at the unification of French customary law. The significance of Du Moulin's fundamental choice can be appreciated only by considering the relations between customary law and the ius commune in other countries in the same period. Germany and Scotland had opted for the introduction of learned law.

Like Van der Tanerijen, Wielant was university-educated and had a career (among other things) as a magistrate in the Parlement of Malines (1473), Great Council (1477), Council of Flanders (1482) and finally the Great Council of Malines (1504). His work, however, is closer to provincial customary law, and he managed to identify and formulate its common features better than his contemporaries. Wielant's great ambition was to produce an account of contemporary Flemish criminal and civil law, but to do so without turning his back on his university education in Roman law.

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An Historical Introduction to Private Law by R. C. van Caenegem


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