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Diritto: storia e comparazione

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Book Series: Global Perspectives on Legal History ISBN: 9783944773209 9783944773216 Year: Pages: 608 DOI: 10.12946/gplh11 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study.
In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency.
A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity."

Spatial and Temporal Dimensions for Legal History

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Book Series: Global Perspectives on Legal History ISBN: 978394773056 9783944773155 Year: Pages: 300 DOI: 10.12946/gplh6 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue.
The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component.
This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces.
The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’.
As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Derecho privado y modernización

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Book Series: Global Perspectives on Legal History ISBN: 9783944773018 9783944773117 Year: Pages: 324 DOI: 10.12946/gplh2 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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The volume contains essays on the modernization of private law in Europe and Latin America from the viewpoint of legal history. Through a comparison between different forms of legal development in various normative und cultural contexts, the papers seek to open up new research perspectives on the concept of modernization in the field of private law.

Diversità e discorso giuridico. Temi per un dialogo interdisciplinare su diritti e giustizia in tempo di transizione

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Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490859810 Year: Volume: 48 Pages: 287 Language: Italian
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law
Added to DOAB on : 2016-11-02 12:07:43
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The relationship between law and diversity was difficult and dialectical throughout the centuries of the legal modernity. Yet to mark its routes it was not a concern for diversity since at the core of its developments there was the issue of individual before the social issue. As a matter of fact, diversity was considered extensively in modern law, but always in an instrumental way. At present this juridical approach shows some limitations, especially in the taking into account the link with the problem of protection of fundamental and human rights. Therefore, it seems appropriate to open a discussion on the issue, assuming diversity, despite its plurality of meanings, as a single topic area from which to start questioning the law. This volume is an attempt in this direction. Taking its cue from these statements and adopting a multidisciplinary perspective, it aims to explore aspects of the complex relationship between law and diversity, assuming as a framework of reference the problem of rights and justice.--------È in un continuo e sofferto rapporto dialettico che diritto e diversità si sono reciprocamente inseguiti lungo i secoli della modernità giuridica. Eppure non è stata una preoccupazione per la diversità a segnarne gli itinerari. Di essa il diritto moderno si è molto occupato ma in chiave sempre strumentale, avendo posto al centro dei suoi svolgimenti la questione dell’individuo prima che della società. Al contempo la fase attuale evidenzia una certa usura degli strumenti giuridici tradizionali e un limite complessivo di tale approccio al problema, soprattutto se si considerano i nessi della questione con la tutela dei diritti fondamentali e umani. Appare, dunque, opportuno avviare una riflessione complessiva sulla questione, assumendo la diversità, pur nella sua pluralità di valenze, come ambito tematico unitario e come categoria a partire dalla quale interrogare il diritto. Il presente volume, costituisce un tentativo in tale direzione. Esso - prendendo le mosse da tali constatazioni e avvalendosi di molteplici punti di vista disciplinari - si propone di esplorare aspetti del complesso rapporto tra diritto e diversità, assumendo come cornice di riferimento la questione dei diritti e della giustizia.

L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)

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Book Series: Global Perspectives on Legal History ISBN: 9783944773070 9783944773179 Year: Pages: 364 DOI: 10.12946/gplh8 Language: Italian
Publisher: Max Planck Institute for European Legal History
Subject: Law
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"The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries.
The Droit des gens had an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries.
The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations.
The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual.
Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19th century and its critical reception (both positive and negative) in relation to the more complex legislative contexts.
The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking."

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