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Comparative Legal History
Comparative legal history is the study of law in two or more different places or at different times. As a discipline, it emerged between 1930 and 1960 in response to legal formalism, and builds on scattered uses of legal-historical comparison since antiquity. It uses the techniques of legal history and comparative law. Definition and scope Broadly, comparative legal history is "the study of related or parallel legal phenomena in two or more different places or at different times." Examples include continental forms of legal history such as European, South Asian or African legal histories, as well as comparative forms such as Chinese-European and Korean-European comparative legal history. However, the precise scope of the subject is a matter of debate. It has been variously defined as "simply the opposite of purely national legal history", "the comparison of individuals, ideas and institutions from two or more legal traditions", the "study of related or parallel phenomena in tw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
François Hotman
François Hotman (23 August 1524 – 12 February 1590) was a French lawyer and writer, associated with the legal humanists and with the monarchomaques, who struggled against absolute monarchy. His first name is often written 'Francis' in English. His surname is Latinized by himself as Hotomanus, by others as Hotomannus and Hottomannus. He has been called "one of the first modern revolutionaries".Kelley, donald R. ''François Hotman. A revolutionary's ordeal'' (1973), cited in Billington, James H. (1980) '' Fire in the Minds of Men'', Basic Books (New York), p. 18, Biography He was born in Paris, the eldest son of Pierre Hotman (1485–1554), Seigneur de Villers-St-Paul, jure uxoris and Paule de Marle, heiress of the Seigneurie de Vaugien and Villers-St-Paul. His grandfather Lambert Hotman, a Silesian burgher, emigrating from Emmerich, (in the Duchy of Cleves), had left his native country to go to France with Engelbert, Count of Nevers. His father Pierre was a lawyer, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Max Weber
Maximilian Carl Emil Weber (; ; 21 April 186414 June 1920) was a German Sociology, sociologist, historian, jurist, and political economy, political economist who was one of the central figures in the development of sociology and the social sciences more generally. His ideas continue to influence social theory and social research, research. Born in Erfurt in 1864, Weber studied law and history in Humboldt University of Berlin, Berlin, University of Göttingen, Göttingen, and Heidelberg University, Heidelberg. After earning his doctorate in law in 1889 and habilitation in 1891, he taught in Berlin, University of Freiburg, Freiburg, and Heidelberg. He married his cousin Marianne Weber, Marianne Schnitger two years later. In 1897, he had a breakdown after Max Weber Sr., his father died following an argument. Weber ceased teaching and travelled until the early 1900s. He recovered and wrote ''The Protestant Ethic and the Spirit of Capitalism''. During the First World War, he initia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Rafael Altamira Y Crevea
Rafael Altamira y Crevea (February 10, 1866 – June 1, 1951) was a Spanish historian and jurist. Born in Alicante, Altamira is considered to be one of the most significant Spanish historians of the 20th century, was a multi-faceted scholar who also took interest in journalism, pedagogy, politics, and literature. Written as a manual for Spanish history, no other work has pictured the Spanish ethos so graphically as Rafael Altamira's ''Historia de España y de la Civilización Española'' (Barcelona, 1899).Gamarra, 2012. In 1898 Altamira, together with other professors of the Law School at the University of Oviedo, established the University Extension as a different area of the university structure. Its main goal was to spread the knowledge created by the universities by means of conferences, courses, and other activities to those social classes that did not have access to it. These professors were following the example set by several English universities that had already been put ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Numa Denis Fustel De Coulanges
Numa Denis Fustel de Coulanges (; 18 March 1830 – 12 September 1889) was a French historian. Biography Coulanges was born in Paris; he was of Breton descent. After studying at the École Normale Supérieure, he attended the French School at Athens. Career In 1853, he directed some excavations in Chios, and wrote a historical account of the island. After his return, he held various educational positions and earned his doctorate degree with two theses: ''Quid Vestae cultus in institutis veterum privatis publicisque valuerit'' and ''Polybe, ou la Grèce conquise par les Romains'' (1858). His knowledge of Greek and Roman institutions and skepticism of contemporary scholars led him to rely on original texts. Once he formed a clear idea from the sources, he treated it as truth. From 1860 to 1870 he was a professor of history at the faculty of letters at Strasbourg, where he had a brilliant career as a teacher, but never yielded to the influence exercised by the German universi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Henry James Sumner Maine
Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status dealing with(in) a particular group while in the modern one, in which individuals are viewed as autonomous agents, they are free to make contracts and form associations with whomever they choose. Because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law. Early life Maine was the son of Dr. James Maine, of Kelso, Roxburghshire. He was educated at Christ's Hospital, where a boarding house was named after him in 1902, being the 7th block on the avenue, and 3rd on the East Side. From there he went up to Pembroke College, Cambridge, in 1840. At Cambridge, he was noted as a classic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word ''despotism'' in the political lexicon.. His anonymously published '' The Spirit of Law'' (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution. Biography Montesquieu was born at the Château de la Brède in southwest France, south of Bordeaux. His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown. His mother, Mari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Giambattista Vico
Giambattista Vico (born Giovan Battista Vico ; ; 23 June 1668 – 23 January 1744) was an Italian philosopher, rhetorician, historian, and jurist during the Italian Enlightenment. He criticized the expansion and development of modern rationalism, finding Cartesian analysis and other types of reductionism impractical to human life, and he was an apologist for classical antiquity and the Renaissance humanities, in addition to being the first expositor of the fundamentals of social science and of semiotics. He is recognised as one of the first Counter-Enlightenment figures in history. The Latin aphorism "" ("truth is itself something made") coined by Vico is an early instance of constructivist epistemology. He inaugurated the modern field of the philosophy of history, and, although the term ''philosophy of history'' is not in his writings, Vico spoke of a "history of philosophy narrated philosophically." Although he was not an historicist, contemporary interest in Vico usually ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Age Of Enlightenment
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empiricism, the Enlightenment was concerned with a wide range of social and Politics, political ideals such as natural law, liberty, and progress, toleration and fraternity (philosophy), fraternity, constitutional government, and the formal separation of church and state. The Enlightenment was preceded by and overlapped the Scientific Revolution, which included the work of Johannes Kepler, Galileo Galilei, Francis Bacon, Pierre Gassendi, Christiaan Huygens and Isaac Newton, among others, as well as the philosophy of Descartes, Hobbes, Spinoza, Leibniz, and John Locke. The dating of the period of the beginning of the Enlightenment can be attributed to the publication of René Descartes' ''Discourse on the Method'' in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Samuel Von Pufendorf
Samuel von Pufendorf (; ; 8 January 1632 – 26 October 1694) was a German people, German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and Nobility, ennobled in 1694; he was made a baron by Charles XI of Sweden a few months before his death at age 62. Among his achievements are his commentaries and revisions of the natural law theories of Thomas Hobbes and Hugo Grotius. His political concepts are part of the cultural background of the American Revolution. Pufendorf is seen as an important precursor of Age of Enlightenment, Enlightenment in Germany. He was involved in constant quarrels with clerical circles and frequently had to defend himself against accusations of heresy, despite holding largely traditional Christian views on matters of dogma and doctrine. Biography Early life Pufendorf was born at Zwönitz, Dorfchemnitz in the Electorate of Saxony. His father Esaias Elias Pufendorf from Glauchau was a lutheranism, Lutheran pastor, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Gottfried Wilhelm Leibniz
Gottfried Wilhelm Leibniz (or Leibnitz; – 14 November 1716) was a German polymath active as a mathematician, philosopher, scientist and diplomat who is credited, alongside Sir Isaac Newton, with the creation of calculus in addition to many other branches of mathematics, such as binary arithmetic and statistics. Leibniz has been called the "last universal genius" due to his vast expertise across fields, which became a rarity after his lifetime with the coming of the Industrial Revolution and the spread of specialized labor. He is a prominent figure in both the history of philosophy and the history of mathematics. He wrote works on philosophy, theology, ethics, politics, law, history, philology, games, music, and other studies. Leibniz also made major contributions to physics and technology, and anticipated notions that surfaced much later in probability theory, biology, medicine, geology, psychology, linguistics and computer science. Leibniz contributed to the field ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Hugo Grotius
Hugo Grotius ( ; 10 April 1583 – 28 August 1645), also known as Hugo de Groot () or Huig de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the controversies over religious policy of the Dutch Republic, but escaped hidden in a chest of books that was regularly brought to him and was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, his writings laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: '' De jure belli ac pacis'' (''On the Law of War and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
