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The Laws' Many Bodies: Studies in Legal Hybridity and Jurisdictional Complexity, c1600–1900

Edited by: Seán Patrick Donlan, Dirk Heirbaut

ISBN13: 9783428147151
Published: October 2015
Publisher: Duncker & Humblot GmbH
Country of Publication: Germany
Format: Softcover
Price: £86.00



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Across the West, a legal system centred on the state, the creation of general national laws, the elimination of competing jurisdictions, and the marginalization of non-legal norms was a very long historical process. This volume examines the »poly-juralism« of Europe’s past – its legal hybridity and jurisdictional complexity – through case studies from a number of perspectives and traditions: Anglo-American, continental, Nordic, and mixed. The authors remind us that law precedes and surrounds the state, which is but one source of norms. They contest the anachronistic projection of modern legal nationalism, positivism, and centralism into the past. And these studies challenge both ideas of deep correspondence between laws, culture, and society and the division of Western traditions into reasonably discrete, closed legal families. Indeed, the lessons of this plural past can shed considerable light on the present, both in the West and across the globe.

Comparative Studies in Continental and Anglo-American Legal History, Volume 32

Subjects:
Legal History
Contents:
A Patchwork of Accommodations›: European Legal Hybridity and Jurisdictional Complexity – An Introduction
Jurisdictional Complexity in the Ecclesiastical State: A Discussion on the Diversity of Laws in Legal Education and Legal Practice
Jurisdictional Complexity in Antwerp Company Law (1480–1620)
Ancien Régime France: Legal Particularism under the Absolute Monarchy
Jurisdictional Complexity: The Survival of Private Jurisdictions in England
On Forgotten Jurisdictional Complexities: The Case of Early Modern Sweden
Normative Hybridity in Antwerp Marine Insurance (c.
1650–c.
1700)
Pluralism in France in the Modern Era – Between the ›Quest for Justice‹ and ›Uniformity T hrough the Law‹: The Case of Roussillon
Plurality of Laws and Ius Commune in the Spanish Legal Traditions: The Cases of Catalonia and Valencia
Jurisdictional Complexity in Post-Union Scotland
Killing Legal Complexity: The Jurisprudence of the German Reichsgericht in the First Years of its Existence;

Series: Comparative Studies in Continental and Anglo-American Legal History

Central Courts in Early Modern Europe and the Americas ISBN 9783428180332
Published November 2020
Duncker & Humblot GmbH
£103.00
Limitation and Prescription: A Comparative Legal History ISBN 9783428156269
Published March 2019
Duncker & Humblot GmbH
£110.00
Within a Reasonable Time: The History of Due and Undue Delay in Civil Litigation
Edited by: C.H. van Rhee
ISBN 9783428134090
Published July 2010
Duncker & Humblot GmbH
£78.00
The Law of Presumptions: Essays in Comparative Legal History ISBN 9783428131242
Published October 2009
Duncker & Humblot GmbH
£72.00
Ratio decidendi: Guiding Principles of Judicial Decisions Volume 1 - Case Law ISBN 9783428122165
Published November 2006
Duncker & Humblot GmbH
£70.00
Negligence: The Comparative Legal History of the Law of Torts ISBN 9783428105168
Published September 2001
Duncker & Humblot GmbH
£87.00
Unjust Enrichment: The Comparative Legal History of the Law of Restitution 2nd ed ISBN 9783428079827
Published October 1999
Duncker & Humblot GmbH
£95.00
The Law of Proof in Early Modern Equity ISBN 9783428091980
Published February 1999
Duncker & Humblot GmbH
£89.00
Itinera Fiduciae: Trust and Treuhand in Historical Perspective ISBN 9783428096145
Published December 1998
Duncker & Humblot GmbH
£125.00
£61.00
£75.00