R. C. van Caenegem's An Historical Introduction to Private Law PDF

By R. C. van Caenegem

ISBN-10: 0521405149

ISBN-13: 9780521405140

During this ebook one of many world's most suitable criminal historians makes an attempt to give an explanation for what produced the personal legislation of the Western global as we all know it this day. Professor van Caenegem can pay specific cognizance to the origins of the typical law-civil legislation dichotomy, and the way it arose that England and the continent of Europe, even though sharing a similar civilization and values, stay lower than various felony structures. The chronological assurance extends from the Germanic invasion within the early heart a while to the current day, incorporating research of the medieval Roman and canon legislations (both items of the legislations schools), and that of the varsity of average legislation that encouraged the nice nationwide codifications of the fashionable age. He evaluates the position of the lawgivers--emperors, kings, and parliaments--and that of the judges, relatively, in fact, within the lands of the English universal legislation. The publication is predicated on either an in depth secondary literature in different languages, and on proof amassed through Professor van Caenegem over the last 40 years.

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24 Northern Netherlands: customary law and Roman-Dutch law 28 There was no shortage of works on regional customs in the United Provinces. But in Holland, by far the most important province, the development was unique and remarkable. Customs had not been homologated there, and so Roman law had greater influence, but traditional customary law was not superseded altogether. The result was a synthesis of Roman law (primarily) and Dutch customary law (secondarily). Until the end of the ancien regime, this synthesis had a major influence on the law of the Republic; and nowadays it still subsists in South Africa.

Antecedents: the early Middle Ages, c. 500 - c. 1100 25 throughout the West but important only in church affairs, largely of an administrative nature. None of these sources of law was the object of study or scholarly commentary. THE COURTS AND PROCEDURE 18 The courts of the early Middle Ages bear no resemblance to those of the late Roman empire, as the following points show. The hierarchy of courts, with the possibility of appeal to Rome, had disappeared and was replaced by a system of local jurisdictions, the mallus of the county (pagus) in the Frankish kingdom.

In the north, on the other hand, customs were more tenacious, although the prestige and influence of the Coutume de Paris led to a relative standardization of customary law, at least in the northern regions. In the southern Netherlands, the homologation of customs brought about the disappearance of many customs and a relative (essentially regional) unification of customary law. There was also an increasing tendency to set customs down in writing. At first sight this is a contradiction in terms, because the qualities par excellence of custom are the adaptability, flexibility and fluidity with which it arises4 and disappears.

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An Historical Introduction to Private Law by R. C. van Caenegem


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