Free PDF A Short History of European Law: The Last Two and a Half Millennia
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A Short History of European Law: The Last Two and a Half Millennia
Free PDF A Short History of European Law: The Last Two and a Half Millennia
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Review
“Herzog’s book is a remarkable achievement, sure to become a go-to text for scholars and students alike. Comprehensive and concise, it bridges the continental and Anglo-American traditions and focuses on vital questions of legal authority and legitimacy. It is a must-read for anyone eager to understand the origins of core legal concepts and institutions―like due process and rule of law―that profoundly shape the societies in which we live today.â€â€•Amalia D. Kessler, Stanford University“A brilliant and bold synthesis of more than two thousand years of the history of European law. Herzog deftly articulates the complex relationship between political and social events on the one hand and the juridical solutions devised to address them on the other. She challenges both the idea of formal continuity of law over time and the assumed divergence between English common law and Continental law. A Short History of European Law is a valuable and original book.â€â€•Simona Cerutti, École des hautes études en sciences sociales, Paris“In this fresh and sometimes surprising book, Herzog acknowledges the worldwide impact of European legal history without ever becoming Eurocentric. She connects legal history with their imperial dimensions, civil with common law, and core topics with illustrative detail. Drawing on diverse historiographies, she links this long history to today’s dynamically changing world of law. A great read, erudite and original.â€â€•Thomas Duve, Max Planck Institute of European Legal History“Few histories are more consequential than those of our laws, since how we imagine the relationship of our laws to their past can itself affect the present of our polities. How surprising, then, that few historians have dared to confront the vastness of that history. Herzog’s lapidary book is much vaster than even its title suggests and is required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.â€â€•David Nirenberg, University of Chicago“A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England. This will become required reading for students and scholars across the social sciences.â€â€•Federico Varese, University of Oxford“Exceptionally readable, the book presents the various elements of Roman law augmented by German law that thereupon fed into the legal systems of France, Germany, and England…This is a marvelous introductory reflection on the beginning of law in the West that was then exported to the remainder of the globe through the imperial enterprise…Here is an essential read for legal historians and law students.â€â€•S. R. Silverburg, Choice
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About the Author
Tamar Herzog is Monroe Gutman Professor of Latin American Affairs and Radcliffe Alumnae Professor in the History Department at Harvard University, and Affiliated Faculty Member at Harvard Law School.
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Product details
Paperback: 296 pages
Publisher: Harvard University Press; Reprint edition (February 18, 2019)
Language: English
ISBN-10: 0674237862
ISBN-13: 978-0674237865
Product Dimensions:
5.8 x 0.8 x 9 inches
Shipping Weight: 14.2 ounces (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
1 customer review
Amazon Best Sellers Rank:
#737,953 in Books (See Top 100 in Books)
I have read a great deal of legal history in my time; often it is dry as dust, overly detailed, and presented in endlessly long chapters that exhaust the reader with legal detail. Imagine my pleasant surprise when I began reading this new SHORT history of European Law by Tamar Herzog of Harvard (with some American as well thrown in). In 278 pages, the author takes the reader from Roman Law to Euro law, including helpful end notes and a very fine bibliography organized chapter by chapter. There is no fat here, and the narrative moves along smoothly through the short segment format the author employs.Nearly every chapter is crisp and incisive and delivers a great deal of concise information. The mystery of the book for me is that I took 15 pages of notes, reflecting a lot of information, yet this is such a relatively brief volume. Part I on ancient law turns particularly interesting when, following a fine intro to Roman law, the author turns to discussing the joining of Roman law and Christianity to form Latin Christendom. Then in Part Two, we are into the early Middle Ages touching upon Canon law, Germanic law, the development of the feudal system , and emperors seeking to gain the support of the Church as they exerted their own legal authority.Part Three deals with the later Middle Ages and introduces one of the author's central themes--the ius commune that arises out of the rediscovery of ancient Roman texts and the rise of new university centers for the study of law (such as Bologna). The trained scholars assume a major role in this legal rebirth, impacting on Canon Law, and feudal law, as a common legal culture--the ius commune--with its own scope, methods, intentions and solutions begins to gain a foothold. Also in this Part, the author delivers a most interesting chapter on the birth of the English common law. The writs system, the centrality of procedure, the conflict with royal legislation, and the introduction of equity are all covered--again economically. Part Four deals with the development of French law, the Reformation, and the importance of custom. A second chapter on the Common Law adds further insights as to how it emerged dominant vis-a-vis royal authority through the use of the Ancient Constitution argument employed by Edward Coke and others.Part Five deals with modernity, including North American developments, and the French revolution. A particularly valuable discussion occurs in Part Six, where the author tackles codification and its challenge to Common Law systems. Finally, the author finishes up with an effective discussion of European Community law and how it interacts with domestic legal systems.Compact yet complete, lean yet detailed where necessary, the book reflects the author's firm grasp on her expansive topic, while demonstrating once again how skillful organization and masterly writing can contribute so much to making a book outstanding. An essential book for anyone interested in European and American law.
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