Legal History Library

Series Editors:
Dirk Heirbaut
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M.C. Mirow
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Michelle McKinley
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C.H. (Remco) van Rhee
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This is a peer-reviewed book series on the history of law in the broadest sense. The approach is preferably comparative in nature, both vertically and horizontally, although studies that approach the subject matter from a different perspective are not automatically excluded. The aim of the Library is to study the historical development of particular areas of law and to explain existing differences and similarities arising in other systems where such comparison is possible. An additional aim is to contribute to a mutual understanding of different approaches to similar problems within the various legal systems. In this way, the Library provides a forum for works related to the growing need for a ius commune in today’s globalising world and provides the necessary historical information for those working in the field of harmonisation projects throughout the world.

The Library not only welcomes dogmatical studies but also offers a forum for interdisciplinary volumes that incorporate law and legal history as their main theme. The editors seek novel, path-breaking, and innovative works that reflect the highest standards of academic writing regardless of the methodologies or approaches employed in any particular volume. Such works are often scholarly monographs, but collected works of previously unpublished contributions forming a cohesive and significant contribution to a particular field of legal history are also welcomed by the editors. There is no restriction in terms of topic, chronology, or geography with the exception of works on the history of international law and on medieval law which should be submitted directly to the Library’s subseries Studies in the History of International Law or Medieval Law and Its Practice.

Authors are cordially invited to submit proposals and/or full manuscripts to the series editors Remco van Rhee, Dirk Heirbaut, M.C. Mirow, and Michelle McKinley, or the publisher at BRILL, Alessandra Giliberto.

The series includes the subseries Studies in the History of International Law and Studies in the History of Private Law.

Brill is in full support of Open Access publishing and offers the option to publish your monograph, edited volume, or chapter in Open Access. Our Open Access services are fully compliant with funder requirements. We support Creative Commons licenses. For more information, please visit Brill Open or contact us at openacess@brill.com.
The Learned and Lived Law
The Learned and Lived Law
Colonial Massachusetts Laws and Liberties and the English Commonwealth
Colonial Massachusetts Laws and Liberties and the English Commonwealth
Local Customs and Common Laws
Local Customs and Common Laws
A Companion to Western Legal Traditions
A Companion to Western Legal Traditions
The Idea of Economic Constitution in Europe
The Idea of Economic Constitution in Europe
Three Moments in the History of the Ius Gentium (1500-1700)
Three Moments in the History of the Ius Gentium (1500-1700)
State Law and Legal Positivism
State Law and Legal Positivism
Justice and Society in the Highlands of Scotland
Justice and Society in the Highlands of Scotland
The Role of Theoretical Debate in the Evolution of National and International Patent Protection
The Role of Theoretical Debate in the Evolution of National and International Patent Protection
Politics and the Histories of International Law
Politics and the Histories of International Law
History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)
History, Casuistry and Custom in the Legal Thought of Francisco Suárez (1548-1617)
The Medieval Foundations of International Law
The Medieval Foundations of International Law
Negotiations of Gender and Property through Legal Regimes (14th-19th Century)
Negotiations of Gender and Property through Legal Regimes (14th-19th Century)
Painting Constitutional Law
Painting Constitutional Law
Early Modern Sovereignties
Early Modern Sovereignties
National Tradition or Western Pattern?
National Tradition or Western Pattern?
Law, Language and Change
Law, Language and Change
Nordic Inheritance Law through the Ages
Nordic Inheritance Law through the Ages
Conflict Management in the Mediterranean and the Atlantic, 1000-1800
Conflict Management in the Mediterranean and the Atlantic, 1000-1800
Empire and Legal Thought
Empire and Legal Thought
The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870
The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870
War and Peace
War and Peace
Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
Migrating Words, Migrating Merchants, Migrating Law
Migrating Words, Migrating Merchants, Migrating Law
International Law in the Long Nineteenth Century (1776-1914)
International Law in the Long Nineteenth Century (1776-1914)
Reason and Fairness
Reason and Fairness
T.M.C. Asser (1838-1913) (2 vols.)
T.M.C. Asser (1838-1913) (2 vols.)
Whiggish International Law
Whiggish International Law
Understanding the Sources of Early Modern and Modern Commercial Law
Understanding the Sources of Early Modern and Modern Commercial Law
Ownership Paradigms in American Civil Law Jurisdictions
Ownership Paradigms in American Civil Law Jurisdictions
The Acquisition of Africa (1870-1914)
The Acquisition of Africa (1870-1914)
The Protectors of Indians in the Royal Audience of Lima
The Protectors of Indians in the Royal Audience of Lima
National Socialist Family Law
National Socialist Family Law
The Chinese Cornerstone of Modern Banking
The Chinese Cornerstone of Modern Banking
Contributory Negligence
Contributory Negligence
The Twelve Years Truce (1609)
The Twelve Years Truce (1609)
Six Centuries of Criminal Law
Six Centuries of Criminal Law
The Roots of International Law / Les fondements du droit international
The Roots of International Law / Les fondements du droit international
Law & Equity
Law & Equity
Theologians and Contract Law
Theologians and Contract Law
Tracing the Earliest Recorded Concepts of International Law
Tracing the Earliest Recorded Concepts of International Law
From Industrial to Legal Standardization, 1871-1914
From Industrial to Legal Standardization, 1871-1914
Passion and Ambivalence
Passion and Ambivalence
Theory and Politics of the Law of Nations
Theory and Politics of the Law of Nations
Specific Performance in German, French and Dutch Law in the Nineteenth Century
Specific Performance in German, French and Dutch Law in the Nineteenth Century
Regeneration and Hegemony
Regeneration and Hegemony
Gaius meets Cicero
Gaius meets Cicero
Contracts For a Third-Party Beneficiary
Contracts For a Third-Party Beneficiary
Series Editors:
C.H. (Remco) van Rhee, Maastricht University
Dirk Heirbaut, Ghent University
M.C. Mirow, Florida International University
Michelle McKinley, University of Oregon

Editorial Board:
Hamilton Bryson, University of Richmond
Thomas P. Gallanis, George Mason University
James Gordley, Tulane University
Richard Helmholz, University of Chicago
Michael Hoeflich, University of Kansas
Neil Jones, University of Cambridge
Hector MacQueen, University of Edinburgh
Paul Oberhammer, University of Vienna
† Marko Petrak, University of Zagreb
Jacques du Plessis, University of Stellenbosch
Mathias Reimann, University of Michigan
Jan M. Smits, Maastricht University
Alain Wijffels, Université Catholique de Louvain, Leiden University, CNRS
Reinhard Zimmermann, Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg
The press about volume 1 in the series:
"[The book] succeeds as an excellent point of entry to what at times can seem like a highly complex subject. [..] [The editors] and their fellow contributors have undoubtedly got the new series off to the strongest possible start." – Warren Swain, The Edinburgh Law Review
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