Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

AN IMPORTANT BRANCH OF EUROPEAN CIVIL LAW. Origianlly published: Grahamstown, Cape Colony: African Book Co., 1908. iv (new introduction), xv, 791 pp. With a New Introduction by Michael Hoeflich, John H. & John M. Kane Professor of Law, University of Kansas School of Law. Roman-Dutch law is a hybrid of medieval Dutch law, mainly Germanic in origin, and Roman law as defined by the Corpus Juris Civilis and its later reception. It was developed in Holland during the sixteenth, seventeenth and eighteenth centuries. Bynkershoek, Damhouder, Grotius and other Roman-Dutch jurists had a profound influence on the development of European civil law and were the primary source of civil-law study in America. The Dutch brought it to their colonies, most notably South Africa and Indonesia, and it became the basis of their post-colonial legal systems. This engagingly written history offers a thorough analysis of Roman-Dutch jurisprudence and its intellectual background. Wessels devotes a great deal of attention to its literature, and he analyzes several treatises at length. Valuable as an introduction to one of the most important legal systems in history, it is equally useful as a reference. "On the whole, the work is deserving of high praise, both for its learning and its literary quality. It will prove a most illuminating adjunct to the standard authorities on this system of law." --JAMES MACKINTOSH, Juridical Review 20 (1908-1909) 370. JOHANNES WILHELMUS WESSELS [1862-1936] was a judge of the Transvaal Supreme Court. His works include The Status of the Uitlander (1894), Codification of Law in South Africa (1927) and The Law of Contract in South Africa (1937). MICHAEL H. HOEFLICH is the John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Legal Publishing in Antebellum America (2010), Sources of the History of the American Law of Lawyering (2007) and The Law in Postcards and Ephemera 1890-1962 (2012), the latter two published by The Lawbook Exchange, Ltd.

Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.

Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.