An Historical Introduction to Private Law

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Cambridge University Press, Mar 27, 1992 - Law - 215 pages
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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
7
COURTS AND PROCEDURE
10
THE MERITS OF CODIFICATION
11
OPPOSITION TO CODIFICATION
13
BIBLIOGRAPHY
109
Enlightenment natural law and the modern codes from the mideighteenth to the early nineteenth centuries
115
NATURAL LAW
117
THE CODES OF THE ENLIGHTENMENT
122
FACTORS
125
THE COURTS AND PROCEDURE
128
ENGLISH LAW IN THE ENLIGHTENMENT
134
EVALUATION OF THE LAW OF REASON
139

BIBLIOGRAPHY
15
Antecedents the early Middle Ages c 500 c 1100
16
ROMAN LAW
17
THE GERMANIC NATIONAL LAWS
18
FEUDAL LAW
20
THE CAPITULARIES
21
JURISPRUDENCE
24
THE COURTS AND PROCEDURE
25
EVALUATION
26
BIBLIOGRAPHY
28
Europe and RomanGermanic law c 1100 c 1750
30
CONTINUITY
31
OUTLINE
33
CUSTOMARY LAW
35
THE EUROPEAN IUS COMMUNE
45
LEGISLATION
85
CASE LAW
95
THE COURTS AND PROCEDURE
99
FACTORS
107
EVALUATION
108
THE LAW OF REASON AND THE HISTORICAL SCHOOL
142
BIBLIOGRAPHY
144
The nineteenth century the interpretation of the Code civil and the struggle for the law
147
BELGIUM AND THE NETHERLANDS
151
GERMANY
155
CONSERVATIVE ENGLAND
159
INNOVATION IN ENGLAND
162
BIBLIOGRAPHY
165
Statute case law and scholarship
170
COMPETITION
173
LAW AND THE VOLKSGEIST
177
Factors
180
CHANGE IN LAW
181
IDEAS AND POLITICAL POWER
183
SOCIAL GROUPS AND PRIVATE LAW
184
THE INTELLECTUAL AND MORAL CLIMATE
187
FINAL CONSIDERATIONS
196
General bibliography
198
Index
206
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