The Oxford Handbook of European Legal History (Oxford Handbooks)

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes", such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas. Cover THE OXFORD HANDBOOK OF EUROPEAN LEGAL HISTORY Copyright Preface Contents List of Contributors PART I APPROACHES TO EUROPEAN LEGAL HISTORY: HISTORIOGRAPHY AND METHODS 1. The World Historical Significance of European Legal History: An Interim Report 2. The Invention of National Legal History 3. The Birth of European Legal History 4. Abandoning the Nationalist Framework: Comparative Legal History 5. Global Legal History: Setting Europe in Perspective PART II THE ANCIENT LAW AND THE EARLY MIDDLE AGES 6. Ancient Greek Law 7. Early Roman Law and the West: A Reversal of Grounds 8. Classical and Post-​Classical Roman Law: The Legal Actors and the Sources 9. Institutions of Ancient Roman Law 10. Byzantine Law: The Law of the New Rome 11. Germanic Law PART III THE LAW IN THE HIGH AND THE LATE MIDDLE AGES: THE LEARNED IUS COMMUNE AND THE VERNACULAR LAWS 12. Western Canon Law in the Central and Later Middle Ages 13. Structure of Medieval Roman Law: Institutions, Sources, and Methods 14. Substance of Medieval Roman Law: The Development of Private Law 15. Southern Europe (Italy, Iberian Peninsula, France) 16. Holy Roman Empire of the German Nation 17. High​ and Late Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences 18. Customary Law and the Influence of the Ius Commune in High​ and Late Medieval East Central Europe 19. The Beginnings of the English Common Law (to 1350) 20. The Scottish Common Law: Origins and Development, c.1124–​c.1500 21. Urban Law: The Law of Saxony and Magdeburg 22. Extra-​Legal and Legal Conflict Management among Long-​Distance Traders (1250–​1650) 23. Feudal Law PART IV EUROPEAN LAW IN THE EARLY MODERN PERIOD: FIELDS OF LAW AND THE CHANGING SCHOLARSHIP 24. Legal Scholarship: The Theory of Sources and Methods of Law 25. Natural Law in Early Modern Legal Thought 26. Law and the Protestant Reformation 27. Law of Property and Obligations: Neoscholastic Thinking and Beyond 28. Criminal Law: Before a State Monopoly 29. Civil Procedural Law, the Judiciary, and Legal Professionals 30. Jurisdiction, Political Authority, and Territory 31. Public Law before ‘Public Law’ PART V EUROPEAN LAW IN THE EARLY MODERN PERIOD: THE AGE OF EXPANSION 32. The Law of the Holy Roman Empire of the German Nation 33. French Law and its Expansion in the Early Modern Period 34. Spanish Law and its Expansion 35. Scandinavian Law in the Early Modern Period 36. English Law and its Expansion 37. Russian Law in the Early Modern Period 38. Colonial and Indigenous ‘Laws’—​The Case of Britain’s Empires, c.1750–​1850 PART VI THE NINETEENTH CENTURY AND BEYOND: THE EMERGENCE OF MODERN LAW 39. The Age of Codification and Legal Modernization in Private Law 40. Legal Formalism and its Critics 41. The Constitutional State 42. A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century) 43. The Law of the Welfare State 44. The Law of Obligations: The Anglo-​American Perspective 45. Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Centur 46. European Twentieth-Century Dictatorship and the Law 47. Communism and the Law 48. The Law of the European Union in Historical Perspective Index "European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas."--Résumé de l'éditeur This Handbook Provides A Broad Overview Of The Development Of European Legal History From Ancient Greece To The Twenty-first Century. It Engages With Current Research Questions In International Scholarship, And, In Addition To Europe's Heartland, Details The History Of Its Geographical 'fringes', Such As Scandinavia And Eastern Europe. Edited By Heikki Pihlajamäki, Markus D. Dubber, Mark Godfrey. Series Statement From Jacket. Includes Bibliographical References And Index.