A History of Private Law in Europe / Edition 1

A History of Private Law in Europe / Edition 1

by Franz Wieacker
     
 

In this book, Wieacker tells us the story of European Legal Thought. He begins in the high middle ages and describes how the Glossators started to apply methodical criticism and exegesis to the digest of Justinian, thus creating European jurisprudence. In telling the history of European legal thinking from its origins in Medieval Bologna down to the present day,

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Overview

In this book, Wieacker tells us the story of European Legal Thought. He begins in the high middle ages and describes how the Glossators started to apply methodical criticism and exegesis to the digest of Justinian, thus creating European jurisprudence. In telling the history of European legal thinking from its origins in Medieval Bologna down to the present day, Wieacker's is a quite stunning achievement. It thus eluciates the intellectual conditions for the development of law within Europe. Another great strength of the book lies in the elucidation of the constant interaction between legal thinking and the general philosophical ideas of the time: Scholasticism and Medieval Legal Science, Enlightenment and the Law of Reason, of Classicism (as well as Romanticism), and Savigny's Historical School. It is hardly surprising therefore that a work of such ambition and erudition should have becomes a classic though it is surprising that it has never before been translated into English. Now, thanks to Mr Weir's brilliant translation, the book will become accessible to English-speaking scholars the world over.

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Product Details

ISBN-13:
9780198258612
Publisher:
Oxford University Press, USA
Publication date:
01/28/1996
Edition description:
New Edition
Pages:
528
Product dimensions:
6.44(w) x 9.50(h) x 1.15(d)

Table of Contents

Introduction
The Subject and Object of the Book
Pt. 1The Medieval Foundations of Modern Private Law
Pt. 2The Reception of Roman Law in Germany
Pt. 3The Usus Modernus and the Conclusion of the Reception
Pt. 4The Age of the Law of Reason
Pt. 5The Historical School of Law, Pandectism and Positivism in the Nation-State
Pt. 6Private Law and Positivism in Crisis
The Outlook
List of Abbreviations
Index of Persons
General Index

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