An Historical Introduction to Private LawIn this book one of the world's foremost legal historians attempts to explain what produced the private law of the Western world as we know it today. Professor van Caenegem pays particular attention to the origins of the common law-civil law dichotomy, and how it arose that England and the continent of Europe, although sharing the same civilization and values, live under two different legal systems. The chronological coverage extends from the Germanic invasion in the early Middle Ages to the present day, incorporating analysis of the medieval Roman and canon law (both products of the law schools), and that of the School of Natural Law that inspired the great national codifications of the modern age. He evaluates the role of the lawgivers--emperors, kings, and parliaments--and that of the judges, particularly, of course, in the lands of the English common law. The book is based on both an extensive secondary literature in several languages, and on evidence accumulated by Professor van Caenegem over the past forty years. |
Contents
The origins of contemporary private law 17891807 | |
THE CODE CIVIL IN EUROPE | |
THE COMPILATION AND PROMULGATION OF THE CODE CIVIL OF 1804 | 2 |
ANCIENT AND MODERN | 4 |
THE SPIRIT OF THE CODE C1VIL | 5 |
COURTS AND PROCEDURE | 8 |
THE MERITS OF CODIFICATION | 9 |
OPPOSITION TO CODIFICATION | 11 |
BIBLIOGRAPHY | 107 |
Enlightenment natural law and the modern codes from the mideighteenth to the early nineteenth centuries | 113 |
115 | |
THE CODES OF THE ENLIGHTENMENT | 120 |
FACTORS | 123 |
THE COURTS AND PROCEDURE | 126 |
ENGLISH LAW IN THE ENLIGHTENMENT | 132 |
EVALUATION OF THE LAW OF REASON | 137 |
BIBLIOGRAPHY | 13 |
Antecedents the early Middle Ages c 500 c 1100 | 14 |
ROMAN LAW | 15 |
THE GERMANIC NATIONAL LAWS | 16 |
FEUDAL LAW | 18 |
THE CAPITULARIES | 19 |
JURISPRUDENCE | 22 |
THE COURTS AND PROCEDURE | 23 |
EVALUATION | 24 |
BIBLIOGRAPHY | 26 |
Europe and RomanGermanic law c 1100 c 1750 | 28 |
CONTINUITY | 29 |
OUTLINE | 31 |
CUSTOMARY LAW | 33 |
THE EUROPEAN IUS COMMUNE | 43 |
LEGISLATION | 83 |
CASE LAW | 93 |
THE COURTS AND PROCEDURE | 97 |
FACTORS | 105 |
EVALUATION | 106 |
THE LAW OF REASON AND THE HISTORICAL SCHOOL | 140 |
BIBLIOGRAPHY | 142 |
The nineteenth century the interpretation of the Code civil and the struggle for the law | 145 |
BELGIUM AND THE NETHERLANDS | 149 |
GERMANY | 153 |
CONSERVATIVE ENGLAND | 157 |
INNOVATION IN ENGLAND | 160 |
BIBLIOGRAPHY | 163 |
Statute case law and scholarship | 168 |
COMPETITION | 171 |
LAW AND THE VOLKSGEIST | 175 |
Factors | 178 |
CHANGE IN LAW | 179 |
IDEAS AND POLITICAL POWER | 181 |
SOCIAL GROUPS AND PRIVATE LAW | 182 |
THE INTELLECTUAL AND MORAL CLIMATE | 185 |
FINAL CONSIDERATIONS | 194 |
General bibliography | 196 |
204 | |
Other editions - View all
Common terms and phrases
ancien régime ancient authority Belgium Brussels canon law capitularies church courts civil law Code civil codification collection commentary Common Law compilation Corpus iuris Corpus iuris civilis Council county of Flanders Cour Coutume customary law customs d'histoire du droit diritto doctrine early Middle Ages early modern edition eighteenth century emperor England English law Enlightenment Europe European favour feudal law Flanders français France Frankfurt French law German glossators Gratian Grotius homologation humanists important influence institutions ius commune judges judicial jurisdiction jurisprudence jurists justice king kingdom lawyers learned law legal practice legal system legislation lois marriage medieval natural law Netherlands nineteenth century old law ordinances Ordonnance Parlement de Paris political principles private law procedure professors promulgated Recht reform regions Revue d'histoire role Roman law Roman-canonical royal rules Savigny scholarship School siècle social society source of law sovereign statutes texts thirteenth century tion traditional twelfth century