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Preface to the English-language edition | ||
1 | The origins of contemporary private law, 1789-1807 | 1 |
The Code civil of 1804: an end and a new beginning | 1 | |
The Code civil in Europe | 2 | |
Common law and reception | 2 | |
The compilation and promulgation of the Code civil of 1804 | 4 | |
The Code civil: ancient and modern | 6 | |
The spirit of the Code civil | 7 | |
Courts and procedure | 10 | |
The merits of codification | 11 | |
Opposition to codification | 13 | |
Bibliography | 15 | |
2 | Antecedents: the early Middle Ages, c. 500-c. 1100 | 16 |
The character of the period | 16 | |
Roman law | 17 | |
The Germanic national laws | 18 | |
Feudal law | 20 | |
Legislation: general points | 20 | |
Legislation: the capitularies | 21 | |
Jurisprudence | 24 | |
The courts and procedure | 25 | |
Evaluation | 26 | |
Bibliography | 28 | |
3 | Europe and Roman-Germanic law, c. 1100-c. 1750 | 30 |
Character of the period | 30 | |
Before and after 1500: continuity | 31 | |
The development of the law: outline | 33 | |
Customary law | 35 | |
The European ius commune | 45 | |
Legislation | 85 | |
Case law | 95 | |
The courts and procedure | 99 | |
Factors | 107 | |
Evaluation | 108 | |
Bibliography | 109 | |
4 | Enlightenment, natural law and the modern codes: from the mid-eighteenth to the early nineteenth centuries | 115 |
Characteristics | 115 | |
The Enlightenment | 115 | |
Natural law | 117 | |
The codes of the Enlightenment | 122 | |
Factors | 125 | |
The courts and procedure | 128 | |
English law in the Enlightenment | 134 | |
Evaluation of the law of reason | 139 | |
The law of reason and the Historical School | 142 | |
Bibliography | 144 | |
5 | The nineteenth century: the interpretation of the Code civil and the struggle for the law | 147 |
France | 147 | |
Belgium and the Netherlands | 151 | |
Germany | 155 | |
Conservative England | 159 | |
Innovation in England | 162 | |
Bibliography | 165 | |
6 | Statute, case law and scholarship | 170 |
The question | 170 | |
Advantages and disadvantages | 170 | |
Legislators, judges and professors: competition | 173 | |
Law and the Volksgeist | 177 | |
7 | Factors | 180 |
Introduction | 180 | |
Change in law | 181 | |
Ideas and political power | 183 | |
Social groups and private law | 184 | |
The intellectual and moral climate | 187 | |
Final considerations | 196 | |
General bibliography | 198 | |
Index | 206 |
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