The Laws' Many Bodies. (eBook, PDF)

Studies in Legal Hybridity and Jurisdictional Complexity, c1600–1900.

• Format: PDF

Produktbeschreibung

Across the West, a legal system centred on the state, the creation of general national laws, the elimination of competing jurisdictions, and the marginalization of non-legal norms was a very long historical process. This volume examines the »poly-juralism« of Europe's past – its legal hybridity and jurisdictional complexity – through case studies from a number of perspectives and traditions: Anglo-American, continental, Nordic, and mixed. The authors remind us that law precedes and surrounds the state, which is but one source of norms. They contest the anachronistic projection of modern legal nationalism, positivism, and centralism into the past. And these studies challenge both ideas of deep correspondence between laws, culture, and society and the division of Western traditions into reasonably discrete, closed legal families. Indeed, the lessons of this plural past can shed considerable light on the present, both in the West and across the globe.

Produktdetails

• Verlag: Duncker & Humblot
• Erscheinungstermin: 15. Oktober 2015
• Englisch
• ISBN-13: 9783428547159
• Artikelnr.: 48805578

Inhaltsangabe

Seán Patrick Donlan and Dirk Heirbaut ›A Patchwork of Accommodations›: European Legal Hybridity and Jurisdictional Complexity – An Introduction Adolfo Giuliani Jurisdictional Complexity in the Ecclesiastical State: A Discussion on the Diversity of Laws in Legal Education and Legal Practice Bram Van Hofstraeten Jurisdictional Complexity in Antwerp Company Law (1480–1620) Alain Wijffels Ancien Régime France: Legal Particularism under the Absolute Monarchy Anthony Musson Jurisdictional Complexity: The Survival of Private Jurisdictions in England Heikki Pihlajamäki On Forgotten Jurisdictional Complexities: The Case of Early Modern Sweden D. De ruysscher Normative Hybridity in Antwerp Marine Insurance (c. 1650–c. 1700) Bernard Durand Pluralism in France in the Modern Era – Between the ›Quest for Justice‹ and ›Uniformity Through the Law‹: The Case of Roussillon Aniceto Masferrer Plurality of Laws and Ius Commune in the Spanish Legal Traditions: The Cases of Catalonia and Valencia John Finlay Jurisdictional Complexity in Post-Union Scotland Martin Löhnig Killing Legal Complexity: The Jurisprudence of the German Reichsgericht in the First Years of its Existence List of Authors