Estate Planning by Agreement in the Sources of Roman Law /
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This study presents Roman legal sources from the perspective of the broad concept of estate planning. The focus is on the presentation of those instruments for the voluntary transfer of assets in the event of death that are not wills or codicils. Contrary to popular belief, Roman law was not fundamentally opposed to the transfer of property mortis causa using contractual remedies. A look from the perspective of contemporary legal problems makes it possible to see the scope within which the Romans carried out such intergenerational transfers of wealth. The extent of this already ancient phenomenon and the diversity of dogmatic questions offers a notable starting point for discussions about the strength of today's inheritance law dogmas.
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1 online resource (470 pages) : illustrations. :
Includes bibliographical references and index. :
9783657795086
Ideology and Private Law: Polish Experiences in the Long 20th Century /
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This book highlights the ideological aspects influencing the modern shape of private law in Central and Eastern Europe (CEE), examining Poland as a representative example given the shared historical trajectory of the 20th century across this region. In the historico-legal literature currently in international circulation, there is a dearth of studies on the development of modern positive law in CEE countries. This volume therefore aims to bridge this gap and deliver a more profound reflection on the long-term social, economic, and political role of private law in this region.
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1 online resource (512 pages) : illustrations. :
Includes bibliographical references and index. :
9789004730021
Empire of Improvisation : Taxation and Governance in Colonial Indonesia /
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Throughout colonial Indonesia, a common method to determine a boy's taxable age was to loop a rope around the chest. If the boy's head fitted through, his chest was still too small and he was too young; if not, he owed the government tax. Analysing unique archival sources from across Indonesia, this book shows how such pragmatic, locally embedded methods often overshadowed formal tax procedures, which colonial officials advanced as civilizing instruments of modernisation and state-power. It exposes taxation as a process in which improvisation, indigenous customs and everyday negotiations tied together formal regulations and ordinary local realities. A must-read for historians of empire in and beyond Southeast Asia, the book reshapes our understanding of colonial governance, challenging grand theories of colonial state formation by revealing the practicalities of everyday colonial rule and the agency of local actors manipulating the system from within.
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1 online resource (412 pages) : illustrations. :
Includes bibliographical references and index. :
9789004745766
Law and Bioethics: the Beginning of Life in China /
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This book addresses the lack of knowledge surrounding the relationship between law and bioethics in China by investigating the ethical principles, legal norms and case law pertaining to biotechnologies related to the formation and birth of a human being from both diachronic and synchronic perspectives. The assumption is that understanding this relationship in a context that is traditionally perceived as 'distant' and 'different' from Europe and North America can facilitate a more profound comprehension of the dynamics and principles traditionally employed by Western legal systems to interpret and regulate these phenomena. This, in turn, is expected to encourage transnational dialogue and cooperation in solving universal problems.
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1 online resource (285 pages) : illustrations. :
Includes bibliographical references and index. :
9789004754300
The Congress of Carlowitz (1698/99) : Supra-cultural Diplomatic Norms and Practices of Peacemaking at the End of the Seventeenth Century /
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This book delivers the first comprehensive analysis of the Peace Congress of Carlowitz (1698/99), challenging traditional Eurocentric views on early modern diplomacy. It demonstrates that peacemaking norms and practices were largely 'supra-cultural'-transcending cultural and religious divides across Europe and the Ottoman Empire. Carlowitz emerges as a significant multi-religious congress that introduced pioneering practices, particularly in ceremonial regulations. By confronting cultural essentialism, provincialising the Westphalian congress-model paradigm, and demythologising Carlowitz as a decisive political turning point-notably marking the adoption of a Western European-style diplomacy by cultural 'outliers' such as the Ottoman Empire and Muscovy-this study offers fresh insights into the complexity and polycentric nature of early modern multilateral diplomacy.
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1 online resource (508 pages) : illustrations. :
Includes bibliographical references and index. :
9789004458499
Regulae Iuris in the Medieval and Modern Age : Essential Stability vs. Evolving Contexts /
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This volume is the first anthology to address the topic of the regulae iuris , or maxims of law, from a uniform methodological point of view. It approaches the regulae iuris as a dynamic system with an ever-evolving structure. The contributors of this volume, being among the leading experts in the field, look at the regulae both in their essence and in their expanding interrelationships, taking account of their changing social and cultural contexts. This volume places the crystallisation and evolution of legal rules within a history of ideas, spanning a wide historical period and going beyond the narrow confines of the history of legal thought. Contributors are: Ilya A. Kotlyar, Adolfo Giuliani, Maria Kola, David Deroussin, Piotr Alexandrowicz, Ger Coffey, Harry Dondorp, Emanuel G.D. van Dongen, and James R. Gordley.
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1 online resource (294 pages) : illustrations. :
Includes bibliographical references and index. :
9789004736092