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Abelard, Peter, 97 Absolutism, Age of Colonial Law In, 251-256 Cambridge University Press 978-1-107-18069-7 — A History of Law in Europe Antonio Padoa-Schioppa , Translated by Caterina Fitzgerald Index More Information INDEX Abelard, Peter, 97 Aguesseau, Henri François d,’ 336, absolutism, age of 337, 424 colonial law in, 251–256 Alaric Breviary, 28–29, 184 international order in, 256–257 Albericus de Rosciate, 91, 164–165, king’s powers in, 245–247 178, 201 legislative power in, 326–327 Albertini, Alberto, 504–505 Protestant Reformation and, Albornoz, Gil Alvarez Carrillo de, 203 233–237 Alcalá, Order of, 191 representative assemblies in, Alciato, Andrea, 259–263 247–251 Alexander III, Pope (Alessandro III), sovereign absolutism, 230 100, 131–132, 207 term usage, 230 Alexander VI, Pope, 251–252 Accolti, Franciscus (Aretinus), 165–166 Alfonso V, King of Aragon, 105, 203 Accursius, Franciscus (glossator), 81, Alfonso VI, King of Castile and 88, 89, 91, 92, 93, 135, 151, 153, Leon, 187 196, 201–202, 221. See also the Alfonso VIII, King of Castile, 188 post-Accursians Alfonso X, King of Castile and León, Acollas, Emile, 516–517 120, 190–191, 203 Act of Union (United Kingdom), 400 Alfred (Anglo-Saxon king), 36 Acts of the Apostles, 13. See also Allgemeine Landrecht (Prussia), The Gospels 427–428. See also Landrechte Adenauer, Konrad, 691 (territorial law) ADHGB (German Commercial Code), Allgemeine Staatslehre (Kelsen), 639–640 553–554 Amari, Emerico, 509 administrative justice, 466, 570–573 Ambrose, Bishop of Milan, 16, 17, 18, 97 Admiralty Court (England), 390, American independence, 438–439 561–562 Amsterdam, Treaty of, 704–705 Adnotationes (Alciati), 259–263 analogy (city statutes), 205–206 Adnotationes in Pandectas (Budé), Andrea de Barletta, 167–168 259–263 Andrea d’Isernia, 164, 183 advocates/advocacy, 137–139, 303–306, Anglo-Saxons, 35 578–583 Ansaldi, Ansaldo, 281–282 aequitas and law (Glossators), 193–197 Anselm, Saint, Archbishop of aequitas canonica (canonical equity), Canterbury, 68, 214 107, 207–208, 657–658 Anselm II, Saint, Bishop of Lucca, Africa, 255, 720–721, 726, 730 68–70, 96 Agobard, Bishop of Lyon, 52, 57 antiquity, law in late agricultural contracts/policies, 54–55, personal status in, 171–172 59, 432–433, 637, 695 political structures in, 3–4 781 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18069-7 — A History of Law in Europe Antonio Padoa-Schioppa , Translated by Caterina Fitzgerald Index More Information 782 index antiquity, law in late (cont.) Bacon, Francis, 265, 349, 389 post-classical legislation in, 4–7 balance of power, 242, 312–313, Roman models of, 114 462, 496 Antonius de Butrio, 105 Baldovini, Jacobus (glossator), 89, 178 Apostles, Acts of the, 13. See also Balduinus, Jacobus, 151 The Gospels Baldus de Ubaldis, 161–164, 174–175 appeals (criminal-), 89–90, 363 Balzac, Honoré de, 492–493, Appel comme d’abus (France), 121, 537–539, 564 240–241 Bandinelli, Rolandus, 100 Aquinas, Thomas, 112–113, Barassi, Ludovico, 570, 632 283–284, 285 Barbacovian code (Trent), 433–434 arbitrium, 34, 240–241, 277–278, Barbeyrac, Jean, 365 314, 372 bare pact (nuda pacta), 154, Aretinus (Franciscus Accolti), 165–166 267–268, 394 Arezzo, Pietro di, 73 barristers, 223–225, 304, 578 argumentation, theories of, 677–678 Bartolism/Bartolist theory, 159, aristocracy, 10, 55, 230–231, 300–301, 161, 274 404–405, 407–408, 427, 461–463 Bartolomeus de Capua, 182 Aristotle, 87, 266, 268, 270, 407, 678 Bartolomeus of Brescia, 99 Artes notariae, 134–135 Bartolus of Sassoferrato, 88, 133, 156, Asia, South East/Eastern, 254, 286–287, 157–161, 164, 205–206, 258, 274 717, 726 Basel, Council of, 105, 110–111, 240 De Asse (Budé), 259 Bassianus, Johannes (glossator), 78, 80, assemblies, representative, 247–251 82–83, 91, 197, 201–202, 209, 221 assumpsit (contract law), 393–394 Beatus, Saint, 15 Atto, Bishop of Vercelli, 66 Beaumanoir, Philippe de, 119, 120, 186, attorneys, 223–224, 299, 547, 580–581. 322–323 See also solicitors (attorneys) Beaumont, Gustave de, 517 Aubry, Charles, 514–515 Beauvaisis, Coutumes Augustine, Saint, Bishop of Hippo, 15, (Beaumanoir), 119 17, 22, 35, 50, 52, 96, 106, 107, 207 Beccaria, Cesare, 416–418 Aulisio, Domenico d,’ 359–360 Belgium, 498, 570, 659, 660 Austin, John, 535 Belgium, Constitution of, 1831, 498 Austria. See also Joseph II, Holy Roman Belleperche, Pierre de, 153, 155 Emperor; Leopold II, Holy Roman bellum iustum (just war), 257, 646 Emperor; Maria Theresa, Empress Belviso, Jacobus de, 164 of Austria Benedictine Rule/Order, 19–21, 66 civil code (ABGB), 488 Benedict XIV, Pope, 383 civil procedure code, 560 benefice, 40–44, 169–170, 184, 332, 390, constitution of, 626 492. See also ecclesiastical criminal code, 487–490 benefices autonomy, principle of, 119 Bentham, Jeremy, 420–421 Averani, Giuseppe, 361–362 Bernard of Botone, 103, Aviz, Emanuel d’ (Manuel I, King of 207–208 Portugal), 329 Bernard of Pavia, 101 Azo, Portius (glossator), 80, 81, Bernardus de Clairvaux, 100 85, 89, 90, 91, 103, 135, 144, Beseler, Georg, 529 201–202, 223 Beyer, Georg, 381 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18069-7 — A History of Law in Europe Antonio Padoa-Schioppa , Translated by Caterina Fitzgerald Index More Information index 783 BGB (German Civil Code), 554–557, British East India Company, 255 585–586, 587 brocarda,83–84, 85 Bible, 15, 82. See also Holy Scriptures; Brougham, Henry, 561 New Testament (Bible); Old Brown, P., 10–11 Testament (Bible); Scriptures Budé, Guillaume, 259–263, 264 Bibliotheca legalis (Fontana), 318 Bulgarus (doctor of Bologna), 77–78, Bijnkershoek, Cornelis van, 362 85, 89, 194–195, 196, 199–200, bill of exchange, 174, 529–530 201–202 Bill of Rights, 1689 (England), 392–393 Bulls, Papal, 239, 240–241, 245, Bill of Rights, 1791 (United States), 251–252 442–443 Bülow, Oscar, 604–605 Binding, Karl, 600 Bundesrat (Germany), 553, 555, 558, Bishop of Rome, 13–14, 18–19, 21, 652–653 66, 111 Bundestag (German Parliament), 497, Bishop of Siena, 35 623, 652–653 Blackstone, William, 399 Burchard of Worms, 45 Bluntschli, Johann Caspar, 534–535 Butrigarius, Jacobus, 164 Boattieri, Pietro, 134–135 Byzantine Empire, 49–50 Bobbio, Norberto, 677–678 Byzantine law, 9 Bodin, Jean, 242, 266, 269–270, 277 Boethius, 61, 87 Cabedo, Georgio de, 329 Bohier, Nicolas de, 315–316, 318 Caderini, Giuseppe, 501 Böhm, Franz, 662 Caevallos, Girolamo, 298 Böhmer, Johann Samuel, 331 “Il Caffé” (Verri, 1764), 415 Böhmer, Justus Henning, 363 Cahiers de Doléances, 445–447 Bologna. See also University of Bologna Calabresi, Guido, 679 Concordat of, 240–241 Calamandrei, Piero, 629, 643, 649–650 “four doctors” of, 77 Calasso, Francesco, 671 teachers from, 76–81 Callistratus (jurist), 8 Bonaventure, Saint, 112–113 Calvinism, 233, 234, 235, 239, 243–244, Bonfilius, 63 286–287, 309, 344–345 Boniface VIII, Pope, 102 Cambacérès, Jean-Jacques Régis de, Bonizo, Bishop, 68–69 473–475, 484, 486 Bonvesin della Riva, 138 Cammeo, Federico, 599 Bossi, Egidio, 279 Canellas, Viodal de, 188 Boswell, James, 400–401 canonical equity (aequitas canonica), Botone, Bernard of, 103, 207–208 107, 207–208, 657–658 Bourjon, François, 324–325 canon law. See also Decretum (Gratian) Boutaric, François, 322–323, 325 boundary with ius commune,210–211 Bracton, Henri, 219, 222–223, 397, Church as basis of, 15–16 610 collections of, 68–70 Brazil, 254, 329 concept of equity in, 208 brevia, 132–133, 178 the decretalists, 102–105 Breviary of Alaric, 28–29, 184 the decretals, 99–102 Briand, Aristide, 645–646, 689 the decretists, 98–99 Brinz, Alois von, 595 innovations in, 656 Brisson, Barnabé, 334 natural law and, 111–113 Britannica (canonical collection), 69 principles of, 106–111 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18069-7 — A History of Law in Europe Antonio Padoa-Schioppa , Translated by Caterina Fitzgerald Index More Information 784 index Capei, Pietro, 503, 508 Chanson de Roland, 148–149 Capetian monarchy/dynasty, 120 Charlemagne, Emperor, 1, 38–40, 44, capitalism, 233, 538–539, 548, 566, 638, 47–49, 63–64, 148–149 644, 664 Charles Albert, King of Sardinia, 502 capital punishment, 28, 76–77, 384, Charles I, King of England, 235, 387, 418, 434, 437, 486–487, 250, 348 500, 504 Charles I, King of Naples (Charles capitano del popolo, 118, 143–145, 148 d’Anjou), 164, 182 capitularies, 39–40 Charles II, King of England, 250 Cappelletti, Mauro, 670 Charles the Great. see Charlemagne, Carbonnier, Jean, 672 Emperor Cardozo, Benjamin N., 644, 674 Charles V, Holy Roman Emperor, 229, Carlo Borromeo, Saint, 239–240 234, 248, 253, 279, 284, 309, 321, Carmignani, Giovanni, 504 327, 330, 369–370, 372 Carnelutti, Francesco, 643 Charles VII, Holy Roman Emperor, Carolingian age 240, 323 capitularies in, 38–39 Charles XI, King of Sweden, the Church in, 44–46 338–339 fief/vassal/benefice in, 40–44 Charter of Fundamental Rights (EU), international law relations in, 49–53 707–708 judicial procedure in, 46–49 Chindasvinth (King of the Visigoths), political structures in, 38–39 28–29 Carpzov, Benedikt, 236, 280 Chiovenda, Giuseppe, 605–606, Carrara, Francesco, 508, 550, 600 630 Carta of Freixá, 186 Christian II, King of Denmark, Cartularium Langobardicum, 58, 62 337–338 Casaregi, Lorenzo Maria, 281–282 Christian III, King of Denmark, Casas, Bartolomé de las, 252, 284 337–338 Cassation, Court of, 453–454, 478, 495, Christianity 514, 518–520, 547, 575–576, 605, Benedictine rule, 19–21 628, 632–633 church and state under, 17 Cassin, Réné, 726 early canon law,
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