Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Overview

Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wrong turn has been taken and thus prevent us from repeating an error.

Today, however, historical legal scholarship has acquired an added significance in view of the ...

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Overview

Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wrong turn has been taken and thus prevent us from repeating an error.

Today, however, historical legal scholarship has acquired an added significance in view of the Europeanization of private law and private law scholarship. It enables us to see the common ground between our modern national legal systems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture.
The focus of these Clarendon lectures is on the "vital connection that ties the present to the past" (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanization of private law which we experience today.
Lecture One: The End of an Era: Transformation of Scholarship in Roman Law
Lecture Two: The Transition from Civil Law to Civil Code: Dawn of a New Era?
Lecture Three: A Change in Perspective: European Private Law and its Historical Foundations

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Editorial Reviews

From the Publisher
"Zimmermann argues with his well-known authority, enthusiasm and style. Tracing the development of German law by analysing the decisions of the Imperial Court, makes fascinating reading for an audience trained in common law and who may not expect such rigorous interest in court cases in the civilian tradition. ...Though the work essentially informs us more about German law, it is a real contribution to the convergence debate that challenges the divergence thesis." - The Irish Jurist 2001

"This is an awe-inspiringly dense volume, packed with thought-provoking insights, and delivered with a voice of tremendous authority. There is much here to appeal not only to all those with an interest in how legal systems and legal education influence one another, but also to those seeking a vade mecum to the world of comparative private law."
—Law Quarterly Review, 1 Jan 2002

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Product Details

  • ISBN-13: 9780198299134
  • Publisher: Oxford University Press
  • Publication date: 6/7/2001
  • Series: Clarendon Law Lectures Series
  • Pages: 224
  • Product dimensions: 8.40 (w) x 5.50 (h) x 0.70 (d)

Meet the Author

Reinhard Zimmermann is Professor of Law at the University of Regensburg

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Table of Contents

Introduction
1: The End of an Era: Transformation of Scholarship in Roman Law
2: The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era
3: A Change in perspective: European Private Law and its Historical Foundations
Final Observations
Index
Introduction
1. The End of an Era: Transformation of Scholarship in Roman Law
2. The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era
3. A Change in perspective: European Private Law and its Historical Foundations
Final Observations
Index

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