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From the End of the Thirty Years’ War to the Eve of the French Revolution in Germany
Author:
This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.
Founding Myths, Charters and Constitutions through History
Volume Editor:
“Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history.

Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.
Author:
Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century.
Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts.

“Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia

“While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
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, and M.C. Mirow 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.
Natural law changed its character in the post-Reformation period, mainly because it became an academic discipline. This institutionalisation happened first in Protestant countries but increasingly also in Catholic areas. In the hands of philosophers and jurists rather than theologians the subject served a wide variety of purposes in domestic, colonial, imperial and international politics, in judicial administration, legislation and reform, in social analysis and in the inculcation of social ethics. Although concerned with the foundations of morality, law and politics, early modern natural law was far from a coherent philosophical theory, but rather the framework for fundamental disputes. What kind of natural law was adopted in a given place and period was often a matter of local controversy in state, church and university. At the same time, natural law was characterised by extensive transnational networks.

Authors are cordially invited to submit proposals and/or full manuscripts to either the series editors or the Publisher at Brill, Alessandra Giliberto.

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.