Preclassical Conflict of Laws

ISBN-13: 9780521863025 / Angielski / Twarda / 2021 / 616 str.

Nicholas Hatzimihail

Opis

An original study on the theory, as well as the intellectual history, of private international law this book traces a comprehensive history of the discipline and contemplates the doctrinal and epistemological foundations of the conflict of laws. Its critical and systematic examination of the existing literature on the history of private international law is the first of its kind. The meticulous case studies of medieval and early modern texts will contribute to a better appreciation of 'pre-classical' scholarship and the complexities of doctrinal work and system-building.

Recenzje

'… stimulating and recommendable read for interested readers not only from the field of legal history, but also from modern international private right.' Dr. Kristin Boosfeld, European Union Private Law Review

Spis treści

1. Introduction; Part I. History and Historiography in the Conflict of Laws: 2. Uses of History in Private International Law; 3. Preclassical Conflict of Laws in the Historical Consciousness; Part II. Current Concerns: 4. Conflict of Laws as a Conceptual Battlefield; 5. Conflict of Laws as a Doctrinal Exercise; 6. Conflict of Laws in a World System; Part III. Bartolus da Sassoferrato and the Conflict of Laws in the Middle Ages: 7. 'Nunc veniamus ad glossam': Bartolus on the Conflict of Laws; 8. The Political Context of Bartolan Conflict of Laws; 9. Doctrinal Aspects of Bartolan Conflict of Laws; 10. Bartolan Conflict of Laws in the Conceptual Battlefield; Part IV. Ulrik Huber and Conflict of Laws in the Early Modern Period; 11. 'Saepe fit, ut negotia': Huber on the Conflict of Laws; 12. The Political Context of Huber's Conflict of Laws; 13. Doctrinal Aspects of Huber's Conflict of Laws; 14. Huber's Conflict of Laws in the Conceptual Battlefield; Epilogue: 15. Preclassical Conflict of Laws Configured.