Authorities in Early Modern Law Courts,

Year

2021

Publisher

Edinburgh University Press

Type

BOOK

Description

The first comparative study of the relationship between law courts and substantive law in the early modern period A comparative study on the passage from late medieval to early modern civil law from a practical viewpoint Assesses the influence of law courts on the development of substantive law Brings together a range of distinguished and up and coming scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Javier García Martín, Heikki Pihlajamäki and Gustavo César Machado Cabral Re-evaluates and challenges current orthodox views about early modern civil law Bringing together some of the most distinguished scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Heikki Pihlajamäki and Javier García Martín, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law - and not on its systematisation by learned jurists - it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re?evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law.

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