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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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The Origins of Western Law from Athens to the Code Napoleon

ISBN13: 9781616193713
Published: February 2015
Publisher: Talbot Publishing
Country of Publication: USA
Format: Hardback, 2 Volumes
Price: £152.00

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The Origins of Western Law from Athens to the Code Napoleon charts the horizon of Western legal origins.

Eternal Platonic truths versus the Sophists of individual preferences, medieval Realists against Nominalists, natural lawyers of the 17th and later centuries, Montesquieu and other Enlightenment thinkers fighting through principles and personhood. These and many more figures and ideas come alive in this comprehensive survey of the antecedents of our modern legal system.

"This is a magisterial book written by a magisterial man, John Ecklund, and his wife and editor Dr. Constance Cryer Ecklund. The subject, scope, and depth of the book seem to flow naturally from the man I was privileged to know in New Haven and at Yale for decades.

On first meeting, most people would be struck by John's physical presence (he was tall), then by his civility, and then by his great intellect and thoughtfulness. He served Yale and New Haven as few others have. This excellent book is a living legacy that, I hope, will educate generations to come about the philosophical and historical antecedents of our system of law which remains one of America's greatest assets." --Senator Joseph I. Lieberman.

Legal History

PART 1 Preliminary Reflections
Law as Principle, Law as Preference;

PART 2 The Democratic Justice of Greece;
Athenian Democracy;
The Sophists and the Teaching of Advocacy: Isocrates ;
The Philosophers and the High Road in the Study of Law ;
Socrates ;

PART 3 The Aristocratic Justice of Rome
Quintilian and the Apex of Imperial Rhetoric
The Dominate
Justinian, the Digest, and the Institutes
Rome and the Philosophy of Law
The Legacy;

PART 4 The Fall of the Roman Juridical System and the Rise of the Roman Catholic Christian Church

PART 5 The Scandinavian Impact of Romanized Gaul and England ;
The Southerly and Westerly Movement of the Nordic Peoples;

PART 6 Local Custom
Regulator of Society in Succession to Roman Law

PART 7 Advocacy’s Revival of Learning
The University and the Church ;
Roman Catholicism as Rome’s Trustee: The Carolingian Renaissance

PART 8 Rapid Expansion of the Academic Context

PART 9 The New Aristotle Meets the New Law of Thomas Aquinas

PART 10 Against the Pope
Kings, Lawyers, Individualism

PART 11 Humanistic Study of Roman Law in a Time of Scientific Expansion Petrarch, His Successors,

PART 12 Reformation and Counter Reformation
Individual Conscience and the Response of Church and Crown

PART 13 The New Hinge Period
Geographical Expansion, Capitalism, Scientific Revolution

PART 14 The Seventeenth Century’s Encounter with Natural Law
Grotius, Descartes, Hobbes, Pufendorf

PART 15 The Expansion of Secular Natural Law in the Seventeenth and Eighteenth Centuries
Louis XIV and Pascal

PART 16 The Second Period of Secular Natural Law
D’Aguesseau and Pothier

PART 18 Beliefs and Institutions in Enlightenment, Revolution, and Empire

PART 19 The Nineteenth Century Intersection of Re-emergence
Antiquity, Empire, and Advocacy