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Colonial Adventures: Commercial Law and Practice in the Making
addresses the question how and to what extend the development of
commercial law and practice, from Ancient Greece to the colonial
empires of the nineteenth and twentieth centuries, were indebted to
colonial expansion and maritime trade. Illustrated by experiences
in Ancient Europe, the Americas, Asia, Africa and Australia, the
book examines how colonial powers, whether consciously or not,
reshaped the law in order to foster the prosperity of homeland
manufacturers and entrepreneurs or how local authorities and
settlers brought the transplanted law in line with the colonial
objectives and the local constraints amid shifting economic,
commercial and political realities. Contributors are: Alain Clement
(), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du
Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady,
M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and
Jakob Zollmann.
This volume brings together nine chapters by specialist legal
historians that address the topic of the scale and size of
companies, in both legal and economic history. The bundled texts
cover different periods, from the Middle Ages, the Early Modern
Period, to the nineteenth century. They analyse the historical
development of basic features of present-day corporations and of
other company types, among them the general and limited
partnership. These features include limited liability and legal
personality. A detailed overview is offered of how legal concepts
and mercantile practice interacted, leading up to the corporate
characteristics that are so important today. Contributors are: Anja
Amend-Traut, Luisa Brunori, Dave De ruysscher, Stefania Gialdroni,
Ulla Kypta, Bart Lambert, Annamaria Monti, Carlos Petit, and Bram
Van Hofstraeten.
The contributions of Understanding the Sources of Early Modern and
Modern Commercial Law: Courts, Statutes, Contracts, and Legal
Scholarship show the wealth of sources which historians of
commercial law use to approach their subject. Depending on the
subject, historical research on mercantile law must be ready to
open up to different approaches and sources in a truly imaginative
and interdisciplinary way. This, more than many other branches of
law, has always been largely non-state law. Normative, 'official',
sources are important in commercial law as well, but other sources
are often needed to complement them. The articles of the volume
present an excellent assemblage of those sources. Anja Amend-Traut,
Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps,
Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter
Oestmann, Heikki Pihlajamaki, Edouard Richard, Margrit Schulte
Beerbuhl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain
Wijffels, and Justyna Wubs-Mrozewicz.
European law, including both civil law and common law, has gone
through several major phases of expansion in the world. European
legal history thus also is a history of legal transplants and
cultural borrowings, which national legal histories as products of
nineteenth-century historicism have until recently largely left
unconsidered. The Handbook of European Legal History supplies its
readers with an overview of the different phases of European legal
history in the light of today's state-of-the-art research, by
offering cutting-edge views on research questions currently
emerging in international discussions. The Handbook takes a broad
approach to its subject matter both nationally and systemically.
Unlike traditional European legal histories, which tend to
concentrate on "heartlands" of Europe (notably Italy and Germany),
the Europe of the Handbook is more versatile and nuanced, taking
into consideration the legal developments in Europe's geographical
"fringes" such as Scandinavia and Eastern Europe. The Handbook
covers all major time periods, from the ancient Greek law to the
twenty-first century. Contributors include acknowledged leaders in
the field as well as rising talents, representing a wide range of
legal systems, methodologies, areas of expertise and research
agendas.
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