Comparative legal history / edited by Olivier Moréteau, Louisiana State University, USA; Aniceto Masferrer, University of Valencia, Spain; Kjell Å. Modéer, University of Lund, Sweden.

Contributor(s):

Series: Research handbooks in comparative lawPublisher: Cheltenham, UK ; Northampton, MA : Edward Elgar Publishing Limited, [2019]Description: xiv, 497 pages ; 26 cmContent type:

text

Media type:

unmediated

Carrier type:

volume

ISBN:

9781781955215 (cased)

Subject(s):

Genre/Form:

History.

Additional physical formats: Online version:: Comparative legal history.DDC classification:

340 MOR 23

LOC classification:

K160 .C66 2019

Contents:

Table of contents Contents: List of contributors Acknowledgments The emergence of comparative legal history Aniceto Masferrer, Kjell A. Modeer and Olivier Moreteau PART I Theory and Methods 1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing Boundaries Sean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approach Dag Michalsen 4. Comparative legal history: methodology for morphology Matthew Dyson PART II LEGAL SOURCES 5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law Jacques Vanderlinden 6. Convergence and the colonization of custom in pre-modern Europe Emily Kadens 7. Custom as a source of law in European and East Asian legal history Marie Seong-Hak Kim 8. The ius commune as the 'ratio scripta' in the civil law tradition: a comparative approach to the Spanish case Aniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS 10. The triumph of judicial review: the evolution of post-revolutionary legal thought Jean-Louis Halperin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher 12. Continental European superior courts and procedure in civil actions (11th-19th centuries) C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not Anna Taitslin 14. The common law and the Code civil: the curious case of the law of contract Warren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945-2000, a comparative sketch Kjell A. Modeer PART IV CODIFICATION 16. Unification and codification in today's European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events Dirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions Agustin Parise 18. Why was private law not codified in Sweden and Finland? Heikki Pihlajamaki Index

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Holdings
Item type	Current library	Collection	Call number	Status	Date due	Barcode
BOOKs	National Law School	Reference	340 MOR (Browse shelf(Opens below))	Available		37007

Includes bibliographical references and index.

Table of contents

Contents:

List of contributors

Acknowledgments

The emergence of comparative legal history
Aniceto Masferrer, Kjell A. Modeer and Olivier Moreteau

PART I Theory and Methods
1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60
Adolfo Giuliani

2. Comparative? Legal? History? Crossing Boundaries
Sean Patrick Donlan

3. Methodological perspectives in comparative legal history: an analytical approach
Dag Michalsen

4. Comparative legal history: methodology for morphology
Matthew Dyson

PART II LEGAL SOURCES
5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law
Jacques Vanderlinden

6. Convergence and the colonization of custom in pre-modern Europe
Emily Kadens

7. Custom as a source of law in European and East Asian legal history
Marie Seong-Hak Kim

8. The ius commune as the 'ratio scripta' in the civil law tradition: a comparative approach to the Spanish case
Aniceto Masferrer and Juan A. Obarrio

9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison
Dolores Freda

PART III LEGAL INSTITUTIONS
10. The triumph of judicial review: the evolution of post-revolutionary legal thought
Jean-Louis Halperin

11. Killing the vampire of human culture: Slavery as a problem in international law
Paul Finkelman and Seymour Drescher

12. Continental European superior courts and procedure in civil actions (11th-19th centuries)
C.H. (Remco) van Rhee

13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not
Anna Taitslin

14. The common law and the Code civil: the curious case of the law of contract
Warren Swain

15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945-2000, a comparative sketch
Kjell A. Modeer

PART IV CODIFICATION
16. Unification and codification in today's European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events
Dirk Heirbaut

17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions
Agustin Parise

18. Why was private law not codified in Sweden and Finland?
Heikki Pihlajamaki

Index

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