Roman Law, Contemporary Law, European Law The Civilian Tradition Today

by Zimmermann, Reinhard

• ISBN13: 9780198299134
• ISBN10: 0198299133
• Format: Hardcover
• Copyright: 2001-06-07
• Publisher: Oxford University Press

Summary

Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It mayalso reveal where a wong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanization of private law and private law scholarship. It enables us to see the common ground between ourmodern national legal sustems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative lawand paves the way towards re-establishing a European legal culture. The focus of these Clarendon lectures is on the "vital connection that ties the present to the past" (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Suchawareness is of central importance to sustain the process of a Europeanization of private law which we experience today. Lecture One: The End of an Era: Transformation of Scholarship in Roman Law Lecture Two: The Transition from Civil Law to Civil Code: Dawn of a New Era? Lecture Three: A Change in Perspective: European Private Law and its Historical Foundations

Author Biography

Reinhard Zimmermann is Professor of Law at the University of Regensburg

Table of Contents

Table of Contents	ix
Abbreviations	xv
Introduction	xix
The End of an Era: Transformation of Scholarship in Roman Law	1	(52)
The Transition from Civil Law to Civil Code in Germany: Dawn of a New Era?	53	(54)
A Change in Perspective: European Private Law and its Historical Foundations	107	(80)
Final Observations	187	(4)
Index	191