Books > Law > Jurisprudence & general issues > Comparative law
|
Buy Now
Equity in the Civil Law Tradition (Paperback, 1st ed. 2021)
Loot Price: R3,688
Discovery Miles 36 880
|
|
Equity in the Civil Law Tradition (Paperback, 1st ed. 2021)
Expected to ship within 10 - 15 working days
|
This is a book on "equity in the civil law tradition" from the
double perspective of legal history and comparative law. It is
intended not only for civil lawyers who want to better understand
the role and history of equity in their own legal tradition, but
also - and perhaps more saliently - for common lawyers who are
curious about why the history of equity has unfolded so differently
on the continent of Europe and in Latin America. The author begins
with the investigation of the philosophical foundations of the
Western notion of equity in the teachings of Plato and Aristotle
and of how their ideas affected the works of the great Attic
orators (chapter 2). He then addresses the way in which Roman law
turned this notion into a legal concept of considerable practical
importance (chapter 3) and how it survived the fall of Rome and was
later elaborated in the Middle Ages by civilists and canonists
(chapter 4). Subsequently, the author analyses how the notion of
equity was dealt with in the Modern Era by legal humanists,
Protestant and Catholic theologians, scholars of the usus modernus
pandectarum and of Roman-Dutch law, and then by legal rationalism
and the philosophers of the Enlightenment (chapter 5). He then
deals with the history of equity on the continent since the
fragmentation of the ius commune and the codifications of the
nineteenth century and with its reception in Latin America (chapter
6). Finally, the author offers some closing remarks on the
fundamental equivocalness (or relativity, as some scholars put it)
of the notion of equity in the civil law tradition today
(conclusion).
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.