Law & Equity: Approaches in Roman Law and Common Law (Legal History Library, Volume 10 / Studies in the History of Private Law, Volume 5)

Law & Equity: Approaches in Roman Law and Common Law (Legal History Library, Volume 10 / Studies in the History of Private Law, Volume 5)

Author
E. Koops (editor), W.J. Zwalve (editor)
Publisher
Martinus Nijhoff
Language
English
Year
2013
Page
215
ISBN
9789004262195,9789004262201,9004262199
File Type
pdf
File Size
1.4 MiB

Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments?

In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.

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