Gratian has long been called the father of Canon Law. This latest volume in the ongoing ""History of Medieval Canon Law"" series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.Gratian's contributions to the birth of canon law and European jurisprudence were significant: he introduced a new methodology of teaching law by using hypothetical cases and by integrating - and inserting in the texts themselves - his own comments on the canons. He also used the dialectical method to analyze legal problems that he raised in his cases. Though this methodology was first developed by Peter Abelard and others in the schools of Northern France, Gratian was the first to apply it to legal texts with the publication of his Decretum (ca. 1140). Because the Decretum was not just a collection of texts but an analysis of the sources and doctrines of ecclesiastical law, his book enjoyed immediate success across Europe. The Decretum was adopted by teachers from England to Italy and Germany to Spain. Gratian's successors later applied his methodology to the papal appellate decisions (decretals) that gradually became the foundation of canon law in the later Middle Ages.In this volume, distinguished legal historians contribute noteworthy essays on the commentaries on Gratian, the beginnings of decretal collections and commentaries on them, and the importance of conciliar legislation for the growth of canon law. There are also chapters on the influence of Roman law on canon law and the teaching of canon law in law schools.Contributors are James A. Brundage, Anne Duggan, Charles Duggan, A. Garcia y Garcia, Joseph Goering, Michael H. Hoeflich, Peter Landau, Wolfgang P. Muller, Jasonne Grabher O'Brien, Kenneth Pennington, and Rudolf Weigand.

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law.

In April 2007, the UKs Commercial Bar Association (COMBAR) held its annual meeting at the University of Richmond, Virginia. The timing of the meeting was designed to form part of the celebration of the 400th anniversary of the signing of the Virginia Charter and the founding of Jamestown. The conference took as its topic "The Rule of Law," and brought together lawyers from around the common law world, as well as some from outside, to debate the meaning and importance of this fundamentally important topic. Judges from the UK Court of Appeal and the UK House of Lords were present to take part, along with members of the US Supreme Court and the US Courts of Appeal, and representatives from around the globe as well as from many different spheres of activity. This book, which commemorates both the conference and the Virginia Charter, brings the learning and wisdom of the conference speakers to a wider audience. The book is published on behalf of the COMBAR, which represents UK barristers w

This book is a facsimile reprint and may contain imperfections such as marks, notations, marginalia and flawed pages.

1875. The author examines the customs out of which the law has developed. He explains in the introduction that all laws float in men's minds long before they send down a precipitate of imperative words. For example, it must have been understood by men that theft-the act of taking the property of another without his consent-was wrong before they made a law to punish the thief, with the view of preventing similar depredations. But long before men made a law they had bolts to their doors, and if they caught the robber they exercised their right by taking his booty from him and possibly even by inflicting upon him a vengeful punishment. This was not done by one man but by many, and we see in it the embryonic custom out of which the law has developed.

The Rights of War and Peace establishes a system of international law based on the concept of natural law. Natural law, as Grotius describes it, is law that applies to all people, regardless of country or nationality. This law establishes concepts like "justifiable war" and "natural justice." Grotius discusses situations under which countries should go to war, and then further explains the proper way in which wars should be prosecuted. There are, he says, certain rules in warfare that must be observed, regardless of whether the parties involved have signed any specific agreement to do so. Philosophy and law students, as well as those with an interest in international politics, will be amazed at how modern many of Grotius's ideas seem and intrigued by this foray into international law that still has repercussions in the world today. HUGO GROTIUS (1583-1645) was born in the city of Delft in the Dutch Republic. Astoundingly intelligent, he entered the University of Leiden at age eleven and graduated at age fifteen. He was a philosopher and Christian apologist now remembered for his work in establishing a philosophical basis for international law.

"The Laws of Arms in England, France & Scotland" remains the only substantive work comparing the laws of arms in the three jurisdictions.

Global fresh water scarcity and empirical studies on the bad quality of water in Europe made the Community aware of the need to protect this vital resource. Since water has no frontiers, the Member States decided to endeavour a common approach in its protection. It is the aim of this treatise to show the Community's policy and legislation in water protection, which has been evolving since its origins in the Seventies throughout the last decades. The most ambitious approach which has been undertaken by the Community in this field of law lately, is the Water Framework Directive. Its provisions and its implementation into national law by the Member States (Austria, France) are at the centre of this treatise. Common challenges and the way the Member States deal with them are presented. The common approach results fruitful which is important, since - in the end - a stringent transposition of the existing and future rules set by the Community on behalf of water protection will respond to the claim future generations have on fresh water.

The Rights of War and Peace establishes a system of international law based on the concept of natural law. Natural law, as Grotius describes it, is law that applies to all people, regardless of country or nationality. This law establishes concepts like "justifiable war" and "natural justice." Grotius discusses situations under which countries should go to war, and then further explains the proper way in which wars should be prosecuted. There are, he says, certain rules in warfare that must be observed, regardless of whether the parties involved have signed any specific agreement to do so. Philosophy and law students, as well as those with an interest in international politics, will be amazed at how modern many of Grotius's ideas seem and intrigued by this foray into international law that still has repercussions in the world today. HUGO GROTIUS (1583-1645) was born in the city of Delft in the Dutch Republic. Staggeringly intelligent, he entered the University of Leiden at age eleven and graduated at age fifteen. He was a philosopher and Christian apologist now remembered for his work in establishing a philosophical basis for international law.

In his provocative and highly readable study, Human Rights: Fact or Fancy?, Henry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature. Although the bulk of contemporary concern is with the law only and not with ethics, Veatch insists that this approach is mistaken because it leaves no place for what Aristotle called "a natural justice." Law must be based on ethics, he maintains, and ethics in turn must be grounded in fact and therefore must have a basis in nature.

Why do some people take a neighbor to court over a barking dog or some other nuisance while others accept the pains and losses associated with defective products or discrimination without seeking legal recourse? Patricia Ewick and Susan S. Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three narratives of law common to the stories people tell. One is based on the perception that the law is magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third describes the law as an arbitrary power that can be actively resisted. Drawing on these extensive case studies, Ewick and Silbey interweave individual experiences with an analysis that constructs a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law shows an institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.

This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.

Examines the fundamental principles of our legal system from a public choice perspective and compares its efficiency and accuracy with other systems. It presents in full two controversial works by Gordon Tullock, 'The Logic of the Law' and 'The Case against the Common Law', as well as chapters from his 'Trials on Trial' and other innovative articles. Highly critical of the US common law system, Tullock argues for various reforms, even for its replacement with a civil code system.

Can there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is "yes".

These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely.

The first essay introduces Maritain's theory of connatural knowledge -- knowledge by inclination -- that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The second essay gives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held.

The third essay in this collection explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.

In this book, Jeffrey Merrick brings together a rich array of primary-source documents—many of which are published or translated here for the first time—that depict in detail the policing of same-sex populations in eighteenth-century France and the ways in which Parisians regarded what they called sodomy or pederasty and tribadism. Taken together, these documents suggest that male and female same-sex relations played a more visible public role in Enlightenment-era society than was previously believed. The translated and annotated sources included here show how robust the same-sex subculture was in eighteenth-century Paris, as well as how widespread the policing of sodomy was at the time. Part 1 includes archival police records from the 1720s to the 1780s that show how the police attempted to manage sodomitical activity through surveillance and repression; part 2 includes excerpts from treatises and encyclopedias, published nouvelles (collections of news) and libelles (libelous writings), fictive portrayals, and Enlightenment treatments of the topic that include calls for legal reform. Together these sources show how contemporaries understood same-sex relations in multiple contexts and cultures, including their own. The resulting volume is an unprecedented look at the role of same-sex relations in the culture and society of the era. The product of years of archival research curated, translated, and annotated by a premier expert in the field, Sodomites, Pederasts, and Tribades in Eighteenth-Century France provides a foundational primary text for the study and teaching of the history of sexuality.

Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This 2-volume explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including marriage, parentage, widowhood, adoption, inheritance, debt, liability, and so forth. It presents data that has been newly discovered, underreported, or omitted from previous works on ancient law. It also re-examines and reevaluates prior interpretations and conclusions, to enable the silent voices of ancient women to be heard and their invisible lives to be seen in the light of modern feminist scholarship.

Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This 2-volume explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including marriage, parentage, widowhood, adoption, inheritance, debt, liability, and so forth. It presents data that has been newly discovered, underreported, or omitted from previous works on ancient law. It also re-examines and reevaluates prior interpretations and conclusions, to enable the silent voices of ancient women to be heard and their invisible lives to be seen in the light of modern feminist scholarship.

It has become increasingly difficult to speak or even think social or legal justice in an age when words have left their moorings. Perhaps images are more stable than words; maybe images and imagery possess a certain viscosity,even a sensory quality, which prevents them from evaporating. This 'maybe' is what this book is about. The contributors to this collection explore the issue of how the Imaginary (images, imagery, imagination) has a role in the production and reproduction of 'visions' of legal and social justice. It argues that 'visions' of justice are inevitably bounded. Boundaries of 'visions' of justice, however, are also 'imaginary'. They emerge within imaginary spaces, and, as they are 'imaginary', they are inherently unstable. The book captures an emerging interest (in the humanities and social sciences) in images and the visual, or the Imaginary more broadly. This collection will appeal to scholars and students of social and legal theory, visual culture, justice and governance studies, media studies, and criminology.

This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries.

Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science.

In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.

"The Common Law" is a classic work from the great Supreme Court Justice, Oliver Wendell Holmes. In The Common Law, Holmes examines many aspects of the common law giving great attention to the historical perspective and precedence and its influence on modern common law. In this work you will lengthy discussions on several areas of law including: liability, criminal law, torts, contracts, and successions. Extensively annotated, this edition of "The Common Law" will make great reading for any lawyer or student of the law.

The Bible is not written as a handbook for lawyers, politicians and civil servants setting out a theology of human law. Its concern is the dealings of God with human beings and of human beings with God. What then does the Bible have to say about human laws and legal systems? Looking back to the Old Testament, to the Mosaic Law, the biblical model of kingship and the prophetic call to justice, barrister David McIlroy presents a Christian perspective on the biblical view of law and justice. He also examines the claims and teachings of Christ as King, specifically contrasting these with Caesar, a king of the world. The book then concludes with a reflection on the place of human laws in the light of the Last Judgment. A Biblical View of Law and Justice seeks to wrestle with the biblical message of justice, giving Christian lawyers, civil servants and politicians a renewed vision and understanding of the potential of their work in the post-Christendom world.

In recent years, there has been a great revival of interest in natural law thinking, one that has occurred across a range of disciplines and perspectives - from the philosophical and theological to the most contemporary debates in the area of legal and political philosophy. Much of this recent work is traced to the thouht of St. Thomas Aquinas. To explore and evaluate the current revival, this volume brings together many of the foremost scholrs on natural law. They examine the relation between Thomistic natural law and the larger philosophical and theological tradition. Furthermore, they assess the contemporary relevance of St. Thomas's natural law doctrine to current legal and political philosophy. The book contains an extensive introduction to the topic, followed by four sections that treat various aspects of natural law thinking. The first section examines some of the philosophical foundations of natural law, especially the understanding of nature it presupposes. The second section is devoted to the theological context in which St. Thomas's natural law doctrine is situated. The essays in the third section discuss the new natural law theory espoused by Germain Grisez and John Finnis and the hotly debated question as to whether their theory is genuinely Thomistic. The final section explores several contemporary legal and political issues in light of St. Thomas's natural law thinking.