Comparative Legal History

Edited by Olivier Moréteau, Louisiana State University, US, Aniceto Masferrer, University of Valencia, Spain and Kjell A. Modéer, University of Lund, Sweden

Contents:

List of contributors

Acknowledgments

The emergence of comparative legal history
Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau

PART I Theory and Methods
1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60
Adolfo Giuliani

2. Comparative? Legal? History? Crossing Boundaries
Sean Patrick Donlan

3. Methodological perspectives in comparative legal history: an analytical approach
Dag Michalsen

4. Comparative legal history: methodology for morphology
Matthew Dyson

PART II LEGAL SOURCES
5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law
Jacques Vanderlinden

6. Convergence and the colonization of custom in pre-modern Europe
Emily Kadens

7. Custom as a source of law in European and East Asian legal history
Marie Seong-Hak Kim

8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case
Aniceto Masferrer and Juan A. Obarrio

9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison
Dolores Freda

PART III LEGAL INSTITUTIONS
10. The triumph of judicial review: the evolution of post-revolutionary legal thought
Jean-Louis Halpérin

11. Killing the vampire of human culture: Slavery as a problem in international law
Paul Finkelman and Seymour Drescher

12. Continental European superior courts and procedure in civil actions (11th-19th centuries)
C.H. (Remco) van Rhee

13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not
Anna Taitslin

14. The common law and the Code civil: the curious case of the law of contract
Warren Swain

15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch
Kjell Å. Modéer

PART IV CODIFICATION
16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events
Dirk Heirbaut

17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions
Agustín Parise

18. Why was private law not codified in Sweden and Finland?
Heikki Pihlajamäki

Index