An Historical Introduction to Private Law

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Cambridge University Press, Mar 27, 1992 - Law - 215 pages
In 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.
 

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Contents

The origins of contemporary private law 17891807
1
THE CODE CIVIL IN EUROPE
2
THE COMPILATION AND PROMULGATION OF THE CODE CIVIL OF 1804
4
ANCIENT AND MODERN
6
THE SPIRIT OF THE CODE C1VIL
6
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
NATURAL LAW
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
Index
204
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