The Oxford Handbook of European Legal History

This handbook provides a broad overview of the development of European legal history from Ancient Greece to the twenty-first century. It engages with current research questions in international scholarship, and, in addition to Europe's heartland, details the history of its geographical 'fringes', such as Scandinavia and Eastern Europe.


European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions.

The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Autorentext
Heikki Pihlajamäki is Professor of Comparative Legal History at the Faculty of Law, University of Helsinki. Markus D. Dubber is Professor of Law at the University of Toronto. Mark Godfrey is Professor of Legal History at the University of Glasgow.

Inhalt
I. Approaches to European Legal History: Historiography and Methods
1: James Q. Whitman: The World Historical Significance of European Legal History: An Interim Report
2: Joachim Rückert: The Invention of National Legal History
3: Randall Lesaffer: The Birth of European Legal History
4: Kjell Å Modéer: Abandoning the Nationalist Framework: Comparative Legal History
5: Thomas Duve: Global Legal History: Setting Europe in Perspective
II. The Ancient Law and the Early Middle Age
6: Michael Gagarin: Ancient Greek Law
7: Pier Giuseppe Monateri: Early Roman Law And The West: A Reversal Of Grounds
8: Paul du Plessis: Classical and Post-Classical Roman Law: The Legal Actors and The Sources
9: Luigi Capogrossi Colognesi: Institutions of Ancient Roman Law
10: Bernard Stolte: Byzantine Law: The Law of the New Rome
11: Karl Shoemaker: Germanic Law
III. The Law in the High and the Late Middle Ages: The Learned Ius commune and the Vernacular Laws
12: Peter Clarke: Western Canon Law in the Central and Later Middle Ages
13: Jan Hallebeek: Structure of Medieval Roman Law: Institutions, Sources, and Methods
14: Thomas Rüfner: Substance of Medieval Roman Law: The Development of Private Law
15: Antonio Manuel Hespanha: Southern Europe (Italy, Iberian Peninsula, France)
16: Mathias Schmoeckel: Holy Roman Empire of the German Nation
17: Mia Korpiola: High- and Late-Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences
18: Mia Korpiola: Customary Law and the Influence of the Ius commune in High- and Late-Medieval East Central Europe
19: Paul Brand: The Beginnings of the English Common Law (to 1350)
20: Andrew R C Simpson: The Scottish Common Law: Origins and Development, ca.1124-ca.1500
21: Heiner Lück: Urban Law: The Law of Saxony and Magdeburg
22: Albrecht Cordes and Philipp Höhn: Extra-legal and Legal Conflict Management among Long-distance Traders (1250-1650)
23: Dirk Heirbaut: Feudal law
IV. European Law in the Early Modern Period: The Fields of Law and the Changing Scholarship
24: Jan Schröder: Legal Scholarship: The Theory of Sources and Methods of Law
25: David Ibbetson: Natural Law in Early Modern Legal Thought
26: John Witte, Jr: Law and the Protestant Reformation
27: Wim Decock: Law of Property and Obligations: Neoscholastic Thinking and Beyond
28: Massimo Meccarelli: Criminal Law: Before a State Monopoly
29: Alain Wijffels: Civil Procedural Law, the Judiciary, and Legal Professionals
30: Ulrike Müßig: Jurisdiction, Political Authority, and Territory
31: Bernardo Sordi: Public Law Before 'Public Law'
V. European Law in the Early Modern Period: The Age of Expansion
32: Peter Oestmann: The Law of the Holy Roman Empire of the German Nation
33: Serge Dauchy: French Law and its Expansion in the Early Modern Period
34: Matthew C. Mirow: Spanish Law and its Expansion
35: Heikki Pihlajamäki: Scandinavian Law in the Early Modern Period
36: Ken MacMillan: English Law and its Expansion
37: Marianna Muravyena: Russian Law in the Early Modern Period
38: Mark Hickford: Colonial and Indigenous 'Laws' - The Case of Britain's Empires, Circa 1750-1850
VI. The Nineteenth Century and Beyond: The Emergence of Modern Law
39: Jean-Louis Halpérin: The Age of Codification and Legal Modernisation in Private Law
40: Hans-Peter Haferkamp: Legal Formalism and its Critics
41: Dieter Gosewinkel: The Constitutional State
42: Martti Koskenniemi and Ville Kari: A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)
43: Bruno Aguilera-Barchet: The Law of the Welfare State
44: Michael Lobban: The Law of Obligations: The Anglo-American Perspective
45: Markus D. Dubber: Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth And Twentieth Century
46: Michael Stolleis: European Twentieth Century Dictatorship and the Law
47: Yoram Gorlizki: Communism and the Law
48: Peter Lindseth: The Law of the European Union in Historical Perspective

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