The functional method as the staple of comparative studies of European legal history?
The article offers an overview of the main problems of studying the European ius commune of the 12th to 18th centuries. First of all, the author examines the methodological stand-off of the present-day research in the matters of the ius commune in the Western historiography; furthermore, he discusses the reasons of this stand-off (namely, the difficult nature of the ius commune, the ideology behind its study, the differing approaches to it from the part of legal historians, general historians, and the scholars of positive law); finally, he suggests a better way to study the ius commune in the domain of legal history.
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them.
The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
This article commemorates the 800th anniversary of the Great Charter (Magna Carta) by reviewing the its study in Russia during the late imperial, soviet and contemporary periods. First, it gives an overview of the key publications and their topics arranged chronologically, second, it examines the interpretative paradigms, third, it presents the results of interpreting Magna Carta as a historic(al) document and as a myth in legal history. It is shown that the distinction between the historians' and the lawyers' interpretation of Magna Carta has not been clearly drawn in the past, and even today it is contingent upon the dominant ideology embraced by the researchers.
The vollume addresses the modern history of legality principle – central to all western legal systems. Contributions provide comparative look at various parts of the Western world, including Argentina, Finland, and Russia, in order to reveal the common path of legality principle development and its local variations.
The Oxford Handbook of European Legal History charts the landscape of contemporary research and the shift from national legal histories to comparative methods, which have profoundly affected the way we understand legal transformation at the local, national, regional, European, and global level. The Handbook shows legal change in terms of continuous flow and exchange of influences, which take place within complicated combinations of cultural, political, and social networks. The present Handbook captures this revised conception of European legal history; it not only merely reflects the state of the discipline, but also aims to shape it. As the chapters of this Handbook show, ancient Roman law owed much to the Near Eastern legal orders. Later on, from the fifteenth century onwards, the major European legal orders gradually spread to all continents. Indeed, most of the globalization of law has taken place by way of European legal systems turning global.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/