Gaius Meets Cicero. Law and Rhetoric in the School Controversies sheds new light on a much debated issue in the field of Roman law, i.e. the so-called 'school controversies' between the Sabinians and the Proculians. Tessa Leesen rejects the general assumption in modern literature that the two schools each adhered to a fundamentally different theoretical conception of law. She argues that the 'school controversies' as described in Gaius' Institutiones arose in legal practice when the heads of the two schools were consulted by two conflicting parties and each gave opposing advice. In order to make their opinions persuasive, the jurists were in need of adequate arguments. For this purpose, they made use of rhetoric and of the argumentative theory of topoi as described in Cicero's Topica.
Gaius meets Cicero
Wim Decock, Max-Planck-Institute for Legal History, Frankfurt
In Theologians and Contract Law, Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Amnon Altman, Bar-Ilan University
This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BCE.
Tilmann J. Röder, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Around 1900, standard contracts and clauses spread throughout international industries such as transport, insurance and finance. The "earthquake clause", which was globally introduced by reinsurers after the 1906 San Francisco catastrophe, exemplifies this paradigmatic change of the law.
Nathaniel Berman, Brown University
Tracing our current preoccupation with nationalist, ethnic, and religious conflict to the “cultural Modernist” revolutions of the early twentieth century, this volume draws on cultural studies, postcolonial theory, and psychoanalysis to offer a radical reinterpretation of contemporary ...
Tetsuya Toyoda, Akita International University
Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers in the seventeenth and eighteenth centuries.
Janwillem Oosterhuis, Maastricht University
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a ...
Raymond Kubben, Tilburg University
Providing a case study of relations between France and the Netherlands throughout the Revolutionary Wars, this book offers a contribution to the debates on the relation between law and politics at the international level and on state-centrism in international relations.
Edited by Jan Hallebeek & Harry Dondorp, VU University Amsterdam
This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
No additional information