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Well before states, literacy, or legal systems, there were commerce and trade, which are found in all societies irrespective of politics, social norms or ideologies. Athenian landowners, Roman senators and Qing mandarins screened their participation in commerce and trade. Legal and informal institutions were developed to secure persons and property, resolve commercial disputes, raise capital and share risk, promote fair dealing, regulate agents and gather market information. Law and Commerce in Pre-Industrial Societies examines commerce, its participants and these institutions through the lens of nine pre-industrial societies: Hunter/gatherers, Mesopotamia, Egypt, Athens, Rome, the early Islamic world, medieval Europe, medieval Southern India and Qing China. The book provides historical perspective to contemporary debates about the relationship between commerce and law, public ordering versus privately created systems of law, the rule of law and the relative merits of courts versus merchant networks to resolve disputes.
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC’s War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected]
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
This stimulating book offers an astute analysis of corporate governance from both a historical and a philosophical point of view. Exploring how the modern corporation developed, from Ancient Rome and the Middle Ages up to the present day, Javier Reyes identifies the strengths and weaknesses of the mainstream theory of the firm as put forward by the law and economics school of thought.
The ebook edition of this title is Open Access and freely available to read online. Family Firms and Family Constitution delves deeply into topics as diverse as ownership, succession, governance, justice and more, all from a managerial and legal perspective from around the world.
The civic and the domestic in Aristotelian thought -- Friendship, concord, and Machiavellian subversion -- Jean Bodin and the politics of the family -- Inclusions and exclusions -- Sovereign men and subjugated women. The invention of a tradition -- Conclusion : from wives to children, from husbands to fathers.
This second edition examines all aspects of Roman history, and contains a new introduction, three new chapters and updated bibliographies.
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
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. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
A Cultural History of Shopping was a Library Journal Best in Reference selection for 2022. Covering the period from 500 BCE to 500 CE, this is the first book to address the cultural history of shoppers and shopping in antiquity. Evidence for the existence of shops has been found across many archaeological sites in Europe, North Africa, and the Middle East but the study of shops and retailing in antiquity is a relatively new subject. From Classical Greece through to the Late Roman Empire, shopping shifted from being a means to an end – a method of supplementing the family diet or providing material goods the household could not manufacture itself – to a form of experience where the processes of browsing and not purchasing became as important as buying. This dramatic transformation is a reflection of the changing material desires of these societies and their perspectives on the ways in which the fulfilment of those desires could be achieved. Recurring themes in this interdisciplinary volume include the lives of 'ordinary' people; the relationship between gender and shopping; the contrast between Greece and Rome; the attitudes towards shopkeepers; the placing of shops in the cityscape; and the zoning of particular crafts and products. A Cultural History of Shopping in Antiquity presents an overview of the period with themes addressing practices and processes; spaces and places; shoppers and identities; luxury and everyday; home and family; visual and literary representations; reputation, trust and credit; and governance, regulation and the state.