Comparative law and legal history and those who think of comparative law more as comparative jurisprudence i believe these recent efforts to give comparative law a facelift are directed more towards scholars than classroom teachers they bring to mind roscoe pound's insistence that this is a discipline for academics and. David seipp, how to get rid of a king: lawyering the revolution of 1399, in proceedings of the twenty-first british legal history conference , catherine macmillan david seipp, legal services for the poor in the early common law , in law and society in later medieval england and ireland, essays in honour of paul. . 'roots' is often associated to history of law and related discourses – if legal formants may complete a picture, legal roots do complete the movie, so to speak a theoretical basis for comparative legal pluralism, brian z tamanaha, washington university school of law (united states) presumption of innocence. Legal history or the history of law is the study of how law has evolved and why it changed legal history is closely connected to the development of civilisations and is set in the wider context of social history among certain jurists and historians of legal process, it has been seen as the recording of the evolution of laws and. Rhee, ch van, presumptions in dutch private law (19th and 20th centuries) within a european context, in: rh helmholz & wdh sellar (eds), law of presumptions essays in comparative legal history (comparative studies in continental and anglo-american legal history, 27), berlin, 2009, p.
Civilian treatises on presumptions, 1580-1620 giuliani, a 2009 r helmholz, the law of presumptions: essays in comparative legal history duncker und humblot, berlin research output: scientific chapter. Research interests political and legal thought 1500-1700 intellectual and cultural history, 1500-1700 early modern legal and political discourse science and society, 1500-1700 tudor and stuart england law reform in england, 1500-1730. Adolfo giuliani, university of helsinki, marie curie fellow, network for european studies department, department member studies comparative legal history, law and humanities, and roman law phd cambridge, mphil cambridge, msc london school of. His fields of interest include the law of contract, the law of unjustified enrichment, legal history and comparative law 487-489 j e du plessis “presumptions in south african law: an historical perspective” in r h helmholz & w d h sellar the law of presumptions: essays in comparative legal history (duncker & humblot.
Areas of law animal rights, christian legal perspectives, legal history, property law, religion and the law download cv preface, in three civilian notebooks, 1580-1640 (2010) cu presumptions in comparative legal history, in the law of presumptions: essays in comparative legal history, richard. Through comparative discourse to consider whether doctrinal variations across legal systems are relatively did not formally consign the collateral fact doctrine to history, but nonetheless 4 (1888) 21 qbd 313 the challenged decision and differing presumptions existed for administrative bodies and for inferior courts.
Comparative method to explain differences in the development of the legal profession in three jurisdictions in american legal periodicals, 1829–1911,” in essays in the history of canadian law volume viii: in honour of rcb minority of states have laws that are founded upon a presumption of equal sharing, but the. 7 w ewald, 'legal history and comparative law' (1999) zeitschrift für europäisches privatrecht 553, 557 see also stapleton (n 2) 8 w ewald, ' comparative jurisprudence: what was it like to try a rat' (1995) university of pennsylvania law review 1889 9 ewald (n 7) 557 ligations divide and conquer: using legal.
As seen above the roman law used presumptions, explained in justinian's digest, to establish the sequence of deaths48 characteristic of the roman manuscripts is anglo-american presumptions, 1766-2006' in helmholz & sellar (eds) the law of presumptions: essays in comparative legal history (2009 ) 189-200. Therefore methodologically, and as a matter of mere legal pragmatism, a comparative method is used, which guides the subject of comparative law under the between a mercedes-benz and a bmw of the same engine capacity, we may do so without pedantically referring to the history of the two companies indeed, we. Alexander n sack, `conflict of laws in the history of the english law' in allison reppy (ed) law: a century of progress (1937) vol 3, 342, 344н5, 355 the link between the original role of the jury and the reluctance to hear foreign matters also appears in stephen l sass, `foreign law in civil litigation: a comparative.