The Historical Foundations of Grotius’ Analysis of Delict: Legal History Library / Studies in the History of Private Law, cartea 24/13
Autor Joe Sampsonen Limba Engleză Hardback – 15 noi 2017
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Specificații
ISBN-13: 9789004344365
ISBN-10: 9004344365
Pagini: 272
Dimensiuni: 155 x 235 x 31 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library / Studies in the History of Private Law
ISBN-10: 9004344365
Pagini: 272
Dimensiuni: 155 x 235 x 31 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library / Studies in the History of Private Law
Cuprins
Preface
Acknowledgements
Part I. Introduction
1 The Place of Grotius in European Private Law
2 Grotius’ Formulation of Delict
The General Definition
Remediation
The Harm Element
Responsibility
Conclusion
Part II. The Civil Law
3 The Roman Law of Delicts
Delict and Crime
The Delicts as Conduct-Centric Wrongs
Piecemeal Doctrine and Historical Patchwork
A Plurality of Fault Concepts
The Narrowness of the Interests Protected by Delict
Gaps in the Roman Law of Delicts
Barriers to Generalisation
4 Delict in the Middle Ages
A Chronological Overview of Delict in the Middle Ages
Fault and Diligence
Doctrinal Developments in the Lex Aquilia
Iniuria
Conclusion
5 Delict in the Sixteenth Century
Delict and the Mainstream of ‘Legal’ Humanism
Individual Strands within Sixteenth-Century Delictual Scholarship
Donellus and the Generalisation of Delictual Scholarship
The Procedural Bias of Earlier Movements towards the Generalisation of Delict
Conclusion
Part III. Grotius’ Thomist Sources
6 The Foundations of Thomism
Praise, Blame and Responsibility
Justice as a Virtue
Aristotelianism and Roman Law in Spain
7 ‘Delict’ in the Summa Theologiae
The Structure of Wrongdoing
Commutative Justice and Restitutio
Individual Sins
Voluntariness
Voluntariness and Restitutio
Responsibility and Agency
Conclusion
8 The Mechanics of Restitutio
Wrongdoing as the Primary Source of Inequality
Commensurability
The Problem of Priorities
Actual and Hypothetical Losses
Excusing Restitutio: Impossibility and Disproportionate Hardship
Conclusion
9 Sins, Wrongs and Rights
From Specific Wrongs to Protected Interests
The Development of Individual Wrongs
From Wrongs to Rights
10 Roman Law and Thomism
The Rise of Fault within Thomism
A Syncretic Legal Culture?
Part IV. Conclusion
11 The Historical Foundations of Grotius’ Analysis of Delict
Remediation
Responsibility
Loss and Harm
Conclusion
Bibliography
Index
Acknowledgements
Part I. Introduction
1 The Place of Grotius in European Private Law
2 Grotius’ Formulation of Delict
The General Definition
Remediation
The Harm Element
Responsibility
Conclusion
Part II. The Civil Law
3 The Roman Law of Delicts
Delict and Crime
The Delicts as Conduct-Centric Wrongs
Piecemeal Doctrine and Historical Patchwork
A Plurality of Fault Concepts
The Narrowness of the Interests Protected by Delict
Gaps in the Roman Law of Delicts
Barriers to Generalisation
4 Delict in the Middle Ages
A Chronological Overview of Delict in the Middle Ages
Fault and Diligence
Doctrinal Developments in the Lex Aquilia
Iniuria
Conclusion
5 Delict in the Sixteenth Century
Delict and the Mainstream of ‘Legal’ Humanism
Individual Strands within Sixteenth-Century Delictual Scholarship
Donellus and the Generalisation of Delictual Scholarship
The Procedural Bias of Earlier Movements towards the Generalisation of Delict
Conclusion
Part III. Grotius’ Thomist Sources
6 The Foundations of Thomism
Praise, Blame and Responsibility
Justice as a Virtue
Aristotelianism and Roman Law in Spain
7 ‘Delict’ in the Summa Theologiae
The Structure of Wrongdoing
Commutative Justice and Restitutio
Individual Sins
Voluntariness
Voluntariness and Restitutio
Responsibility and Agency
Conclusion
8 The Mechanics of Restitutio
Wrongdoing as the Primary Source of Inequality
Commensurability
The Problem of Priorities
Actual and Hypothetical Losses
Excusing Restitutio: Impossibility and Disproportionate Hardship
Conclusion
9 Sins, Wrongs and Rights
From Specific Wrongs to Protected Interests
The Development of Individual Wrongs
From Wrongs to Rights
10 Roman Law and Thomism
The Rise of Fault within Thomism
A Syncretic Legal Culture?
Part IV. Conclusion
11 The Historical Foundations of Grotius’ Analysis of Delict
Remediation
Responsibility
Loss and Harm
Conclusion
Bibliography
Index
Notă biografică
Joe Sampson, Ph.D. (2016) is the David Li Fellow in Law at Selwyn College in the University of Cambridge.