The historical foundations of Grotius' analysis of delict / by Joe Sampson.

Format:

Book

Author/Creator:

Sampson, Joe, author.

Series:

Legal history library ; Volume 24.

Legal history library. Studies in the history of private law ; Volume 13.

Legal History Library, 1874-1795 ; Volume 24

Studies in the History of Private Law ; Volume 13

Language:

English

Subjects (All):

Torts--History.

Torts.

Grotius, Hugo, 1583-1645.

Grotius, Hugo.

Physical Description:

1 online resource (258 pages).

Place of Publication:

Leiden, Netherlands ; New York, New York : Brill Nijhoff, 2018.

Summary:

The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.

Contents:

Introduction

The Place of Grotius in European Private Law

Grotius’ Formulation of Delict

The Civil Law

The Roman Law of Delicts

Delict in the Middle Ages

Delict in the Sixteenth Century

Grotius’ Thomist Sources

The Foundations of Thomism

‘Delict’ in the Summa Theologiae

The Mechanics of Restitutio

Sins, Wrongs and Rights

Roman Law and Thomism

Conclusion

The Historical Foundations of Grotius’ Analysis of Delict.

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

90-04-34437-3

Publisher Number:

10.1163/9789004344372 DOI