Dutch influence on the reception of Roman law in the Scottish legal system: a case study of the Newhailes Library, 1685-1792

Spanning over three generations, the Dalrymple of Hailes family, consisting of famous Scottish lawyers, collected a magnificent collection of law books, embodied in the Newhailes Library. Sir David Dalrymple, 3rd Baronet of Hailes (1726-1792) and his grandfather, Sir David Dalrymple, 1st Baronet of Hailes (1665-1721), equipped with a solid legal education from the Netherlands, embarked on influential legal careers and, together with Hailes’ father, Sir James Dalrymple, 2nd Baronet of Hailes (1692-1751), gathered many interesting Dutch Roman law works throughout their lives. At the same time, the Scottish legal landscape was characterised by its reception of Roman law, strongly influenced by Dutch legal scholarship, for example via Scottish students studying (Roman) law in the Netherlands in large numbers and bringing the valuable knowledge gleaned back to their homeland. These events make one wonder, to what extent was the Newhailes Library emblematic of a trend of Dutch influence on the reception of Roman law in the Scottish legal system, that was present at the time? This thesis will explore the answer to this question in depth, thoroughly examining the detailed Dutch Roman law contents of the Newhailes Library, as well as the nature of Hailes’ familial and professional background, and the Newhailes Library in relation to two other renowned Scottish law libraries

Catalogue of books printed before 1801 in the legal historical section of the Biblioteca di Scienze Sociali dell’Università degli Studi di Firenze

The present catalogue is the second of three volumes which record the books printed before 1801 currently held by the legal historical section of the Biblioteca di Scienze Sociali of the Università degli Studi di Firenze. This volume encompasses 2,424 editions published between 1601 and 1700. The present Florence library is the successor to that of the Facoltà di Giurisprudenza, the nucleus of which is the historic collection of the Collegio degli Avvocati di Firenze acquired in 1924. Supplemented by further important acquisitions, including the library of the Corte d'Appello, the collection has come to be numbered among the foremost in its field in Italy. The 17th century volume reflects primarily the Jurisprudence of the Baroque, the vast production of the jurists of Spain and Italy, but is by no means lacking in editions of the foremost jurists of contemporary Northern Europe

Verzeichnis des von 1605 - 1624 in Gießen erschienenen Schrifttums

Kurz nach Gründung des Gießener akademischen Gymnasiums, des Vorläufers der Universität, im Jahre 1605 nahmen die Drucker Kaspar Chemlin und Nikolaus Hampel in Gießen ihre Tätigkeit auf, die bis 1624, d.h. bis zur Auflösung der Universität, also fast 20 Jahre dauerte. Die Arbeiten der Gießener Drucker dieses Zeitraums (1605-1624) - im Jahre 1620 kam Petrus Lucius als dritter Drucker hinzu - sind im vorliegenden Verzeichnis Gegenstand bibliographischer Erfassung. Im Laufe der Arbeiten erwies es sich als notwendig, auch die nicht in Gießen gedruckten Schriften Gießener Autoren aus ihrer Gießener Zeit und die nicht in Gießen gedruckten früheren und späteren Auflagen von Titeln, die in Gießen erschienen, aufzunehmen. Bei den aus Gießener Disputationen bestehenden Schriften wurden die Titel der Disputationen (Dissertation) und die Namen der Respondenten aufgeführt. Das Resultat der Arbeiten ist ein Vielfaches des bis dahin aus den Bibliographien bekannten Schrifttums, kann allerdings keinen Anspruch auf Vollständigkeit erheben. Vor allem die in Plakatform erschienenen Vorlesungsverzeichnisse, Gratulationsschriften anläßlich Doktorpromotion, Hochzeit oder ähnlicher Gelegenheiten und auch Einladungsschriften waren gar nicht oder kaum zu fassen

Negotiorum gestio in South African law : an historical and comparative analysis

The present treatise deals with the subject of negotiorum gestio, or unauthorised administration of the affairs of another, as it is developed and been applied in South African law. As appears from the tittle hereof, it is not merely a description of the relevant aspects of negotiorum gestio as applied in modern South African practice, but an historical and comparative analysis of an institution which has its origin in classical Roman Law and has experienced fruitful development over a period of approximately two thousand years. In this regard the historical method of research has been applied, commencing with the Roman origins, continuing with the medieval and later development and concluding with relevant law as applied in South Africa up to the present day

Transactionis causa : studi sulla transazione civile dal tardo diritto comune ai codici. Parte prima. La dottrina dei secoli XV e XVI

Lo studio qui proposto intende prendere le distanze dai molteplici significati della forma verbale astratta (transigere) e liberare cosi\u2019 una definizione dell\u2019istituto transattivo che possa godere di una crescente autonomia quale figura contrattuale dotata di una dignit\ue0 giuridica propria. Il lavoro, complessivamente diviso in una parte prima (secc. XV-XVI) e seconda (secc. XVII-XIX, di imminente pubblicazione), \ue8 stato quindi dedicato alle identit\ue0 e differenze terminologiche necessarie per convalidare l\u2019esistenza di una realt\ue0 storica legata alla \u201ctransactio\u201d, diversa ed indipendente dal primitivo arco polisemico su cui si erano arenati i primi legisti bolognesi. Gi\ue0 nel Quattrocento, infatti, si colgono i primi sintomi di aggiornamento degli strumenti ermeneutici, ma \ue8 solo nel XVI secolo, nella variegata esposizione dei maestri del cultismo transalpino, che l\u2019approccio storico-filologico appare in grado di superare le impostazioni tradizionali. La riflessione cinquecentesca trasferisce il piano del dibattito da quello processuale a quello sostanziale. Supera le questioni legate alle possibili modalit\ue0 di conclusione dell\u2019accordo compositivo e si concentra sulla causa del vincolo obbligatorio, affinch\ue8 esso tenga per sempre. Nella letteratura umanistica, in altre parole, la transactio tende ad assumere la veste che le sar\ue0 poi propria nella sistematica codicistica che qui affonda, come meglio vedremo nella parte seconda, le proprie origini storiche.Among the instruments granted to individuals to solve legal disputes the transaction holds a place of particular importance. The transaction has always been at the centre of a heated hermeneutic debate and it ended by soliciting differing opinions in doctrine, harbingers of conflicting views, which have always suffered the limits of the partiality of perspectives, geographical or chronological, of the doctrine which expressed them. In fact, the definition provided in the Compilation of Justinian (D. 2.15 and C.2.4), does not identify a specific type of contract based on the content of one or both services, but only the different types of "transigere", related to the abstract verb form. After all, it is just the variety of the contents deductible in the concessions to end the dispute that has led the glossators before, and the commentators then, to consider the transaction a generic cause of asset allocation, such as to characterize, in addition to ours, also other contracts or legal acts. However, on a theoretical level, the identification in the doctrine of the late common law (Fifteenth Century) of the transactio as a contractus innominatus, then provided with its own special rules, can no longer accept this "reductive" opinion, but requires a different approach, fully developed by the humanities thought (Sixteenth Century). Actually, any provision or obligation applies when compromise is agreed as a concession to overcome a dispute between contractors, while the performances do not have as a parameter the substantial situation, but they must be evaluated in connection with the way the conflict shows up. Then, the transaction is apart from the determination of the right and the wrong, and besides some sporadic intervention of opposite sign, like those of Cujas and Hotman, in this historical phase it is common to exclude the ability of individuals to make value judgments about the qualification of their demeanors. Instead, it is the dispute which provides the support to the asset allocations arranged as a result of the transaction: so, the successful execution of a performance, added to the favor dirimendarum litium, fulfills the lack of balance between conflicting interests and ensures the balance of synallagma, as well as the action for the fulfillment of the convention. Accordingly, the dispute, amplified in the pages of Alciato, Connan and Doneau, up to the next, is the premise of the transaction. It allows the renunciation of the right to be swallowed up, in total or in part, by the waiver of the claim, so that the right "set" with the transaction cannot, in the future, be exercised in terms different from those resulting from the agreement. By the way, if everyone agrees on the require of the dispute, there is no unambiguous guidance about its specification. Hence comes a greater or lesser extension of the scope of the transactio, pushed up by somebody to the verification of any incertitudinis aliud genus, even apart from a dispute between the parties. Besides the texture, often contradictory, and the clarifications proposed by the doctrine of modern controversy, the strong polysemy, which is the main quality of the verb transigere, from the Fifteenth Century onwards does no longer concern the history of the signifier transactio. The doubts that can still be perceived will all cover the role of the contract claim, posing again, in the following centuries, the risk of eliminating the entire typical negotiation pattern, as the double textual tradition, embraced by the French and the Austrian coding, still hands us down. But this will be the subject of another work

The liability in delict of judges for wrongs committed in the course of judicial proceedings : an historical analysis of the relative immunity of the South African judiciary

Bibliography: p. xix-lvii.The focus of this thesis is on an aspect of judicial accountability that has not hitherto attracted much attention in South African law: the civil liability of the judiciary for wrongs committed in the course of judicial proceedings. More particularly, the thesis examines to what extent a South African judicial officer may be held liable in delict for infringing the proprietary or personality rights of another - almost invariably a litigant appearing before the judicial officer. The wrongful conduct in question is usually the giving of a judgement without a proper legal foundation (wrong judgement), but it may take a variety of other forms, for example defamation, insult or, less commonly, physical assault. Since judicial liability is not an invention of the modem constitutional state, but has deep and ancient roots, the investigation is inevitably and essentially an historical one. The thesis traces the development of such liability in Roman law, in early medieval law, in the ius commune (i.e., the Italian school of the Glossators and the Commentators), in Roman-Dutch law, in English law, and finally, in the South African usus hodiernus. The assessment of the modem South African law is a critical one. The question is asked whether the narrow scope of judicial liability that is presently recognised is an adequate safeguard against abuse of the judicial office, and whether it is compatible with the new constitutional order in South Africa. The topicality and controversial nature of the subject is evident from the submissions made by the judiciary to the Truth and Reconciliation Commission in October 1997. It is apparent that the judges are suspicious of attempts to make them more accountable for their actions, regarding these as encroachments on their traditional independence. Significantly, it also appears that the threat of civil liability is not one that is taken seriously. The approach adopted in this thesis is that a proper balance needs to be struck between judicial independence and judicial accountability; and that, as history teaches us, civil liability is an essential component of such accountability