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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.
Heikki Pihlajamäki is Professor of Comparative Legal History at the Faculty of Law, University of Helsinki. Markus D. Dubber is Professor of Law at the University of Toronto. Mark Godfrey is Professor of Legal History at the University of Glasgow.
I. Approaches to European Legal History: Historiography and Methods1: James Q. Whitman: The World Historical Significance of European Legal History: An Interim Report2: Joachim Rückert: The Invention of National Legal History3: Randall Lesaffer: The Birth of European Legal History4: Kjell Å Modéer: Abandoning the Nationalist Framework: Comparative Legal History5: Thomas Duve: Global Legal History: Setting Europe in PerspectiveII. The Ancient Law and the Early Middle Age6: Michael Gagarin: Ancient Greek Law7: Pier Giuseppe Monateri: Early Roman Law And The West: A Reversal Of Grounds8: Paul du Plessis: Classical and Post-Classical Roman Law: The Legal Actors and The Sources9: Luigi Capogrossi Colognesi: Institutions of Ancient Roman Law10: Bernard Stolte: Byzantine Law: The Law of the New Rome11: Karl Shoemaker: Germanic LawIII. The Law in the High and the Late Middle Ages: The Learned Ius commune and the Vernacular Laws12: Peter Clarke: Western Canon Law in the Central and Later Middle Ages13: Jan Hallebeek: Structure of Medieval Roman Law: Institutions, Sources, and Methods14: Thomas Rüfner: Substance of Medieval Roman Law: The Development of Private Law15: Antonio Manuel Hespanha: Southern Europe (Italy, Iberian Peninsula, France)16: Mathias Schmoeckel: Holy Roman Empire of the German Nation17: Mia Korpiola: High- and Late-Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences18: Mia Korpiola: Customary Law and the Influence of the Ius commune in High- and Late-Medieval East Central Europe19: Paul Brand: The Beginnings of the English Common Law (to 1350)20: Andrew R C Simpson: The Scottish Common Law: Origins and Development, ca.1124-ca.150021: Heiner Lück: Urban Law: The Law of Saxony and Magdeburg22: Albrecht Cordes & Philipp Höhn: Extra-legal and Legal Conflict Management among Long-distance Traders (1250-1650)23: Dirk Heirbaut: Feudal lawIV. European Law in the Early Modern Period: The Fields of Law and the Changing Scholarship24: Jan Schröder: Legal Scholarship: The Theory of Sources and Methods of Law25: David Ibbetson: Natural Law in Early Modern Legal Thought26: John Witte, Jr: Law and the Protestant Reformation27: Wim Decock: Law of Property and Obligations: Neoscholastic Thinking and Beyond28: Massimo Meccarelli: Criminal Law: Before a State Monopoly29: Alain Wijffels: Civil Procedural Law, the Judiciary, and Legal Professionals30: Ulrike Müßig: Jurisdiction, Political Authority, and Territory31: Bernardo Sordi: Public Law Before 'Public Law'V. European Law in the Early Modern Period: The Age of Expansion32: Peter Oestmann: The Law of the Holy Roman Empire of the German Nation33: Serge Dauchy: French Law and its Expansion in the Early Modern Period34: Matthew C. Mirow: Spanish Law and its Expansion35: Heikki Pihlajamäki: Scandinavian Law in the Early Modern Period36: Ken MacMillan: English Law and its Expansion37: Marianna Muravyena: Russian Law in the Early Modern Period38: Mark Hickford: Colonial and Indigenous 'Laws' - The Case of Britain's Empires, Circa 1750-1850VI. The Nineteenth Century and Beyond: The Emergence of Modern Law39: Jean-Louis Halpérin: The Age of Codification and Legal Modernisation in Private Law40: Hans-Peter Haferkamp: Legal Formalism and its Critics41: Dieter Gosewinkel: The Constitutional State42: Martti Koskenniemi & Ville Kari: A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)43: Bruno Aguilera-Barchet: The Law of the Welfare State44: Michael Lobban: The Law of Obligations: The Anglo-American Perspective45: Markus D. Dubber: Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth And Twentieth Century46: Michael Stolleis: European Twentieth Century Dictatorship and the Law47: Yoram Gorlizki: Communism and the Law48: Peter Lindseth: The Law of the European Union in Historical Perspective
Markus D Dubber, Tatjana Hörnle, University of Toronto) Dubber, Markus D (Professor of Law, Professor of Law, Berlin) Hornle, Tatjana (Professor of Criminal Law, Comparative Law, and Penal Philosophy, Professor of Criminal Law, Comparative Law, and Penal Philosophy, Humboldt University, Markus D. Dubber, Tatjana Hornle
Markus D. Dubber, Frank Pasquale, Sunit Das, University of Toronto) Dubber, Markus D. (Professor of Law & Criminology and Director of the Centre for Ethics, Professor of Law & Criminology and Director of the Centre for Ethics, University of Maryland) Pasquale, Frank (Piper & Marbury Professor of Law, Piper & Marbury Professor of Law, University of Toronto) Das, Sunit (Associate Professor in the Department of Surgery, Associate Professor in the Department of Surgery, Markus D Dubber
Markus D Dubber, Tatjana Hörnle, University of Toronto) Dubber, Markus D (Professor of Law, Professor of Law, Berlin) Hornle, Tatjana (Professor of Criminal Law, Comparative Law, and Penal Philosophy, Professor of Criminal Law, Comparative Law, and Penal Philosophy, Humboldt University, Markus D. Dubber