Throughout the history of modern legal systems texts have come to gain legal authority without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements, this book offers the first comparative analysis of non-legislative codifications.
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Professor Dr Nils Jansen currently serves of the Law Faculty at the University of Munster, Germany. He holds the Chair for Roman Law, Legal History, German and European Private Law, and is a Principal Investigator in the Cluster of Excellence Religion and Politics in the Cultures of Pre-Modernity and Modernity. He is the author of several books in German, and co-edited Beyond the State. Rethinking Private Law with Ralf Michaels.
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Hardcover. Condition: new. Hardcover. Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority.Throughout the history of modern legal systems texts have come to acquire authority for legal officialswithout being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principlesof International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts.How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contributionto the debates surrounding the harmonisation of European private law, and the growth of international law. Throughout the history of modern legal systems texts have come to gain legal authority without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements, this book offers the first comparative analysis of non-legislative codifications. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9780199588763
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Buch. Condition: Neu. MAKING OF LEGAL AUTHORITY C | Jansen | Buch | Gebunden | Englisch | 2010 | ACADEMIC | EAN 9780199588763 | Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, 36244 Bad Hersfeld, gpsr[at]libri[dot]de | Anbieter: preigu Print on Demand. Seller Inventory # 134006939
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