(Source: Brill)
Brill is publishing a two-volume work on modernization of
the law over the past few centuries, nationality identity and legal
instrumentalism.
ABOUT THE BOOK
The driving force of the dynamic development of world legal
history in the past few centuries, with the dominance of the West, was clearly
the demands of modernisation – transforming existing reality into what is seen
as modern. The need for modernisation, determining the development of modern
law, however, clashed with the need to preserve cultural identity rooted in
national traditions. With selected examples of different legal institutions,
countries and periods, the authors of the essays in the two volumes Modernisation,
National Identity and Legal Instrumentalism: Studies in Comparative Legal
History, vol. I:Private Law and Modernisation, National
Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol.
II: Public Law seek to explain the nature of this problem.
ABOUT THE EDITORS
Michał Gałędek Ph.D. (2010), University of
Gdańsk, is Professor in the Department of Legal History, Faculty of Law and
Administration. In his research he focuses on the Polish administration,
judiciary, constitutionalism, and political thought at the beginning of the
19th century and in the interwar period.
Anna Klimaszewska Ph.D. (2011), University of Gdańsk, is Assistant Professor in the Department of Legal History, Faculty of Law and Administration. In her research she focuses on the influence exerted by the French law on the shape of the Polish legal system, commercial law, civil procedure and national legal identity in the 19th century.
Anna Klimaszewska Ph.D. (2011), University of Gdańsk, is Assistant Professor in the Department of Legal History, Faculty of Law and Administration. In her research she focuses on the influence exerted by the French law on the shape of the Polish legal system, commercial law, civil procedure and national legal identity in the 19th century.
TABLE OF CONTENTS
VOLUME I – PRIVATE LAW
1 Introduction: Modernisation, National Identity,
and Legal Instrumentalism
Michał Gałędek
2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era
Zsuzsanna Peres
3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions
Bart Wauters
4 English Commercial Law in the Longue Durée: Chasing Continental Shadows
Sean Thomas
5 The Italian Destiny of the French Code de commerce (19th Century)
Annamaria Monti
6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell
Anna Klimaszewska
7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America
Marcin Michalak
8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach
Sara Pilloni
9 Civilian Arguments in the House of Lords’ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century
Łukasz Jan Korporowicz
10 Usucapio in Era of Real Estate Title Registration Systems
Beata J. Kowalczyk
11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China
Mingzhe Zhu
12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars
Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli
13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law
Steven Wilf
Michał Gałędek
2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era
Zsuzsanna Peres
3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions
Bart Wauters
4 English Commercial Law in the Longue Durée: Chasing Continental Shadows
Sean Thomas
5 The Italian Destiny of the French Code de commerce (19th Century)
Annamaria Monti
6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell
Anna Klimaszewska
7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America
Marcin Michalak
8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach
Sara Pilloni
9 Civilian Arguments in the House of Lords’ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century
Łukasz Jan Korporowicz
10 Usucapio in Era of Real Estate Title Registration Systems
Beata J. Kowalczyk
11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China
Mingzhe Zhu
12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars
Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli
13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law
Steven Wilf
VOLUME II – PUBLIC LAW
1 Residential Right in the Course of Time: Changes
in the Legal Institution of the Inkolat in the Bohemian Crown Lands
Jiří BrňovjákandMarek Starý
2 Legal Transfers and National Traditions: Patterns of Modernization of the Administration in Polish Territories at the Turn of the 19th Century
Michał Gałędek
3 National Modernization through the Constitutional Revolution of 1848 in Hungary: Pretext and Context
Imre Képessy
4 Restoring the Hungarian Historical Constitutional Order with a Coronation in 1867
Judit Beke-Martos
5 The Privy Council Appeal and British Imperial Policy, 1833–1939
Thomas Mohr
6 Direct Impact on Hungarian Migration Policy of the 1870 Agreement on Citizenship between the United States and Austria-Hungary (1880s–1914)
Balázs Pálvölgyi
7 Political Systems in Transition and Cultural (In)dependence: The Limits of a Legal Transplant in the Example of the Brazilian’s Court of Auditors Birth
Marjorie Carvalho de Souza
8 Constitutional Systems of Free European States (1918–1939)
Tadeusz Maciejewski and Maja Maciejewska-Szałas
9 Local Citizenship in the Croatian-Slavonian Legal Area in the First Yugoslavia (1918–1941): Breakdown of a Concept?
Ivan Kosnica
10 Nazi Law as Pure Instrument: Natural Law, (Extra-)Legal Terror, and the Neglect of Ideology
Simon Lavis
Jiří BrňovjákandMarek Starý
2 Legal Transfers and National Traditions: Patterns of Modernization of the Administration in Polish Territories at the Turn of the 19th Century
Michał Gałędek
3 National Modernization through the Constitutional Revolution of 1848 in Hungary: Pretext and Context
Imre Képessy
4 Restoring the Hungarian Historical Constitutional Order with a Coronation in 1867
Judit Beke-Martos
5 The Privy Council Appeal and British Imperial Policy, 1833–1939
Thomas Mohr
6 Direct Impact on Hungarian Migration Policy of the 1870 Agreement on Citizenship between the United States and Austria-Hungary (1880s–1914)
Balázs Pálvölgyi
7 Political Systems in Transition and Cultural (In)dependence: The Limits of a Legal Transplant in the Example of the Brazilian’s Court of Auditors Birth
Marjorie Carvalho de Souza
8 Constitutional Systems of Free European States (1918–1939)
Tadeusz Maciejewski and Maja Maciejewska-Szałas
9 Local Citizenship in the Croatian-Slavonian Legal Area in the First Yugoslavia (1918–1941): Breakdown of a Concept?
Ivan Kosnica
10 Nazi Law as Pure Instrument: Natural Law, (Extra-)Legal Terror, and the Neglect of Ideology
Simon Lavis
More info here
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