A History of Private Law in Europe: with particular reference to Germany |
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You Are Here: Home > History Books > Germany History > Item 283
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A History of Private Law in Europe: with particular reference to Germany
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by Franz Wieacker, Reinhard Zimmermann, and Tony Weir
Sales Rank: 1753545
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List Price: $235.00
$235.00
At Amazon
on 8-1-2008.
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Features
Cover Type: Hard Cover with 528 pages
Published by: Oxford University Press, USA February 22, 1996
Written in: English
ISBN 10 Number: 0198258615
ISBN 13 Number: 978-0198258612
Book Dimensions:
9.5 x 6.4 x 1.2 inches
Weighs: 1.9 pounds
Product Review
Tony Weir is a brilliant translator of legal German, and here he has surpassed himself. For this we should be all the more grateful, because Franz Wieacker was one of the great German scholars of the postwar world. His range and depth of learning are unsurpassed..This, in my opinion, is the best general book on European legal history in any language. I say "general" because of the breadth of the enterprise, but it is nonetheless detailed, original, and insightfulit is a book that all legal historians will need to keep close at hand for constant referenceWe owe a great debt to Weir for making this work accessible to an English-reading public.'
Oxford University Press and Tony Weir, the translator of the present edition, deserve to be applauded for providing this translationTony Weir's translation reads like a work that was originally written in English, so convincing is itas one might expect from a work bearing the Clarendon Press imprint, the editing is of high quality and accuracy. There is a useful general index and separate index of persons. In these days of European Union, no legal historian or European private lawyer can afford to be without a copy of this book.'
`Wieacker's Privatrechtsgeschichte der Neuzeit has long been a classic, and its appearance in English is a major event. Every serious law library outside German-speaking Europe will purchase a copyThe legal world was already deeply indebted to Weir: this book much increases those obligations, in rendering accessible Wieacker's masterpiece. It is to be hoped that more treasures of German scholarship will also one day be translated by Weir himself or others inspired by him.' International and Comparative Law Quarterly
Product Description
In this book, Wieacker tells us the story of European Legal Thought. He begins in the high middle ages and describes how the Glossators started to apply methodical criticism and exegesis to the digest of Justinian, thus creating European jurisprudence. In telling the history of European legal
thinking from its origins in Medieval Bologna down to the present day, Wieacker's is a quite stunning achievement. It thus eluciates the intellectual conditions for the development of law within Europe. Another great strength of the book lies in the elucidation of the constant interaction between
legal thinking and the general philosophical ideas of the time: Scholasticism and Medieval Legal Science, Enlightenment and the Law of Reason, of Classicism (as well as Romanticism), and Savigny's Historical School. It is hardly surprising therefore that a work of such ambition and erudition should
have becomes a classic though it is surprising that it has never before been translated into English. Now, thanks to Mr Weir's brilliant translation, the book will become accessible to English-speaking scholars the world over.
Reader Reviews
This is perhaps as important a German history as there is. Rather difficult to read without some background in law, nevertheless indispensable to any serious scholar of modern Germany. Wieacker unequivocably indicts positivism (and it's direct ancestor - pandecticism) as a proximate cause of the Nazi debacle. In his view, the extraordinary changes wrought there, particularly the Industrial Revolution, outstripped development of law. The rigidity of the Civil Code of 1900 prevented the intervention of professional jurists in the Weimar crisis, and the Code itself was too favorable to commercial interests. Essentially, Wieacker argues, German law depended on the auspices of a responsible government to maintain the balance between big business and the ordinary citizens. The extirpation of natural law from the legal system shifted the balance toward industry, and the appearance of an irresponsible legislature led to the extinction of individual rights. He concludes that the Code represented an extreme position in the decades long tug-of-war between the Germanicists and the Europeanists, and warns that WWII may not have interrupted the normal swing of the pendulum.
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A History of Private Law in Europe: with particular reference to Germany
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Price: $235.00
Updated on 8-1-2008.
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