Reassessing legal humanism and its claims : petere fontes? / edited by Paul J. du Plessis and John W. Cairns.

Format:

Book

Contributor:

Du Plessis, Paul J., 1974- editor.

Cairns, John W., editor.

Series:

Edinburgh studies in law ; v. 15.

Edinburgh studies in law ; volume 15

Language:

English

Subjects (All):

Humanism.

Law--Philosophy.

Law.

Law, Medieval.

Law (Philosophical concept).

Physical Description:

xiii, 402 pages ; 24 cm.

Place of Publication:

Edinburgh : Edinburgh University Press, [2016]

Summary:

Legal humanism has become deeply entrenched in most modern works on European legal history from the seventeenth century onwards and has been accepted with such blind faith by many modern scholars that few have challenged its ethos and redo. The consequence is that scholars who have accepted the traditional view have used it to substantiate larger claims about the death of Roman low, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law in to the nation states of Europe, and the relevance of 'dogmatic' Roman law as opposed to 'antiquarian' Roman law. In recent years, as the traditional grand narratives of European legal history have begun to be questioned, it has become clear that the nature and legacy of legal humanism deserves closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume sets out to interrogates the orthodox views regarding legal humanism and its legacy. As a fundamentally reassessing of the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues. Book jacket.

Contents:

Antiqui et recentiores : Alberico Gentili, beyond mos italicus and legal humanism / Alain Wiffels

Humanist philology and the text of Justinian's digest / Douglas J. Osler

Deconstructing iurisdictio : the adventures of a legal category in the hands of the humanist jurists / Guido Rossi

Reassessing the influence of medieval jurisprudence on Jacques Cujas' (1522-1590) method / Xavier Prévost

Redefining ius to restore justice : the centrality of ius gentium in humanist jurisprudence / Susan Longfield Karr

Elegant scholastic humanism? Arias Piñel's (1515-1563) critical revision of Laesio enormis / Wim Decock

The working methods of Hugo Grotius : which sources did he use and how did he use them in his early writings on natural law theory? / Martine J. van Ittersum

Joannes Leunclavius (1541-1594), civilian and Byzantinist? / Bernard Stolte

Brissonius in context : de formulis et solennibus populi Romani verbis / Éva Jakab

A lawyer and his sources : Nicolas Bohier and legal practice in sixteenth-century France / Jasmin Hepburn

Humanism and law in Elizabethan England : the annotations of Gabriel Harvey / David Ibbetson

The thesauruses of Otto and Meerman as publishing enterprises : legal humanism in its last phase, 1725-1780 / Ian Maclean

Humanist books and lawyers' libraries in early eighteenth-century Scotland : Charles Areskine of Alva's library / Karen G. Baston

Postscript / Paul J. du Plessis.

Notes:

Includes bibliographical references and index.

Other Format:

Ebook version :

ISBN:

9781474408851

1474408850

OCLC:

932593853

Publisher Number:

99969977683