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This study presents Roman legal sources from the perspective of the broad concept of estate planning. The focus is on the presentation of those instruments for the voluntary transfer of assets in the event of death that are not wills or codicils. Contrary to popular belief, Roman law was not fundamentally opposed to the transfer of property mortis causa using contractual remedies. A look from the perspective of contemporary legal problems makes it possible to see the scope within which the Romans carried out such intergenerational transfers of wealth. The extent of this already ancient phenomenon and the diversity of dogmatic questions offers a notable starting point for discussions about the strength of today’s inheritance law dogmas.
Author:
This study presents Roman legal sources from the perspective of the broad concept of estate planning. The focus is on the presentation of those instruments for the voluntary transfer of assets in the event of death that are not wills or codicils. Contrary to popular belief, Roman law was not fundamentally opposed to the transfer of property mortis causa using contractual remedies. A look from the perspective of contemporary legal problems makes it possible to see the scope within which the Romans carried out such intergenerational transfers of wealth. The extent of this already ancient phenomenon and the diversity of dogmatic questions offers a notable starting point for discussions about the strength of today’s inheritance law dogmas.
Was the emperor as sovereign allowed to seize the property of his subjects? Was this treated differently in late medieval Roman law vis-à-vis the theory and practice of zabt in Mughal India? How did political sovereignty relate to the church's powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ‘corporation’ interacting with an Indian Nawab? How did the shogunate negotiate ‘sovereignty’ in early modern Japan?
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
European and Global Histories, 1400–1800
Series:
Intersections, Volume: 93
Was the emperor as sovereign allowed to seize the property of his subjects? Was this treated differently in late medieval Roman law vis-à-vis the theory and practice of zabt in Mughal India? How did political sovereignty relate to the church's powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ‘corporation’ interacting with an Indian Nawab? How did the shogunate negotiate ‘sovereignty’ in early modern Japan?
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
Author:
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu.
This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
Author:
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu.
This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
In this book, it is argued that twenty regulae in title D. 50.17 of Justinian’s Digest are not the legal rules that scholarly wisdom has long held them to be, but are instead rhetorical arguments. As arguments, these regulae do not comfortably fit the modern perception of Roman law as a system and sometimes even appear to have no connection with law whatsoever. By explaining them in the context of rhetoric, and of Cicero’s Topica especially, the authors identify and reconstruct the original tenor of these twenty regulae as well as that of the famous regula Catoniana, stating their case for a paradigm shift in the study of Roman law in the process.
In this book, it is argued that twenty regulae in title D. 50.17 of Justinian’s Digest are not the legal rules that scholarly wisdom has long held them to be, but are instead rhetorical arguments. As arguments, these regulae do not comfortably fit the modern perception of Roman law as a system and sometimes even appear to have no connection with law whatsoever. By explaining them in the context of rhetoric, and of Cicero’s Topica especially, the authors identify and reconstruct the original tenor of these twenty regulae as well as that of the famous regula Catoniana, stating their case for a paradigm shift in the study of Roman law in the process.
Essays in Honor of Charles Donahue
This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived.
Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.