Retssystemer: romerretten

This book interprets the life and teachings of Saint Antoninus, an important Catholic saint and fifteenth-century writer, and offers a critical edition of his major work on moral theology.

This volume contains contributions from three conferences held within the framework of the project "Law between Dialogue and Translation (The Example of Palestine)", funded by the German Academic Exchange Service (DAAD). The conferences were hosted by the project partners from the Department for Arabic and Islamic Studies of the University of Göttingen (Germany) and the Faculty of Law from Al-Quds University (Palestine) in 2019 and 2020, and the School of Graduate Studies of the State Islamic University Sunan Kalijaga Yogyakarta (Indonesia) in 2021. The project aimed to analyze how international law and human rights norms are implemented or "translated" into national legislation, with a special focus on the role of Islamic law and institutions in these processes. The volume provides a theoretical introduction on the concepts of "translation" of law and of "legal pluralism" and continues to discuss four main areas in which different practical aspects of these concepts can be observed: 1) the dealing of German and Palestinian judicial institutions with the relation between state, religion and rights of the individual, 2) achievements and challenges of women's rights implementation in Indonesia, 3) the entanglement of Sharia, Customary and State law in Palestine, and 4) recent developments in international criminal and humanitarian law in the Palestinian context.

In this study, Jonathan S. Milgram demonstrates that the transformation of inheritance law from the biblical to the tannaitic period is best explained against the backdrop of the legal and social contexts in which the tannaitic laws were formulated. Employing text and source critical methods, he argues that, in the absence of the hermeneutic underpinnings for tannaitic innovations, the laws were not the result of the rabbinic imagination and its penchant for inventive interpretation of Scripture. Turning to the rich repositories in biblical, ancient near eastern, Second Temple, Greek, Elephantine, Judean desert, and Roman sources, the author searches for conceptual parallels and antecedents as well as formulae and terminology adopted and adapted by the tannaim. Since the tannaitic traditions reflect the social and economic contexts of the tannaitic period - the nuclear family on privatized landholdings in urban centers - the author also considers the degree to which tannaitic inheritance laws may have emerged out of these contexts.

This book deals with one of the key moments in the history of Byzantium and Europe and , namely the transitional period between Antiquity and Middle Ages, a topic which gains particularattention among scholars from multiple fields: historians, archaeologists and philologists.

Accompanies the Birks and McLeod translation of "Justinian's Institutes". This book takes up all the principal subjects in the "Institutes" and gives a description of the law on each subject. Included is guidance on ancient and modern sources and the technical legal language used.

Introduction to the history of Roman law and its institutions.Throughout its history, Europe has been influenced by Roman culture, a culture with a strong sense of society and highly legal-minded. Hence, Roman law is of major importance in European thinking. It was the first subject to be taught at university and it remains tightly interwoven with all layers of European civilisation. This book provides an introduction to the history of Roman law and its institutions, as they developed from Antiquity until the nineteenth century. Concepts such as fundamental rights and freedoms, lawsuits, family law, rights in rem, and obligations have their origins in classical Antiquity and were developed further throughout European history. The historical processing of our Roman legal heritage is treated from the perspective of comparative legal history. The book is written for undergraduate law students, but is also relevant for scholars from other disciplines.

In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.

Goethe is said to have likened the Roman civil law to a duck: sometimes it is visible, swimming prominently on the surface of the water, at other times it is hidden, diving amid the depths. but it is always there. This may be said to be true not only in continental Europe and Scotland, where Roman law has been a dominant influence, but also in England and the U.S.A., where Roman law has often informed and supplemented Common law. None of the great writers on Common law, with the exception perhaps of Coke, failed to take Roman law in to consideration, especially on the matters of legal theory. Indeed the differences between the two systems can easily be exaggerated.Ne one is better qualified to write on these matters than Peter Stein; this collection of his articles covers both the nature and the tradition of Roman law and ranges from classical to modern times. The Character and Influence of the Roman Civil Law includes discussions of the ethos and principles of Roman law and of their transmission and transformation in medieval and modern times. Attention is drawn to the working of Roman law in San Marinom which retains the uncodified ius commune. Civil lawyers in England whose work is examined include Vacarius, Thomas Smith and Thomas Legge. Roman law in Scotland is looked at in depth, with special consideration for the natural law tradtition there. A piece on the origin of the four stage theory of social development, which grew out of that tradition and was adopted by Adam Smith, appears for the first time.Finally Professor Stein shows the attraction of Roman law to lawyers in the U.S.A. when they were trying to establish their own legal system following Independence.