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Download PDF (61.3 JOBNAME: Wauters PAGE: 1 SESS: 6 OUTPUT: Wed Mar 8 14:35:32 2017 Index absolute monarchy 7, 14–16, 28–30, Aragon 46–7, 49, 68, 71, 83 81–7, 115–18, 123, 155–6, 160 Aramaic language 41, 90 see also constitutional law Arianism 36, 39, 41 Accursius 53–4, 63, 91, 100 Aquinas, Thomas 69, 96, 98–9 see also glossa ordinaria Argentina 113, 128 actions on the case 150, 152–3, 166 Aristotle 49, 69, 97 administration of justice see courts Atatürk, Mustafa Kemal 143 administrative law 8, 16, 60, 69 Audiencia, royal court of justice in adultery see marriage law Aragon 71 aediles 11, 22–3 Augsburg, Peace of 88 agriculture 10, 44–5, 79–80, 113–14 Augsburg, Transaction of 86 Alani 31 Augustine of Hippo, St. 41, 94 Alaric II, King of theVisigoths 36 Augustus, Roman Emperor 6, 12–14, 25 Alciato,Andrea 93 Australia 113, 162 Alderney 77 Austria 45, 83, 85, 87, 115, 118, 120, Alemanni 32, 38 124, 128, 133, 139, 142–3 Alexander III, Pope 64 Authenticum 51 Alexander Severus, Roman Emperor 27 Avignon 49, 87 Alfonso X the Wise, King of León and Aytta,Viglius of 94 Castile 68–70 Azo 53, 62–3, 159 Alfonso XI, King of León and Castile Azpilcueta, Martin de 97 70 Alfred, King of Wessex 145 Baldus degli Ubaldi 54–6, 91, 100 Algeria 128 Baltic countries 77, 101 Allgemeines Bürgerliches Gesetzbuch Balzac, Honoré de 133 124, 128, 142 Bank of England 114 Allgemeines Landrecht für die Barbeyrac, Jean 104, 161 preuβischen Staaten 123, 139 bartolists 55, 100, 105 Alonso Martínez, Manuel 131 Bartolomeus Brixensis 62 Alsace 32 Bartolus de Saxoferrato 54–6, 91, 93, Amalfi 46, 50 100 Amsterdam 86 Bavaria 124 Ancien Régime 117–18, 120, 126, 132 Bavarians 38 Angles 31, 38, 144, 166 Beaumanoir, Philippe 77 Anglicanism 88, 109–10, 157 Beccaria, Cesare 123 Anselm of Lucca 58 Beckett, Thomas 156–7 Antioch 41 Beirut see Berytus Antoninus Pius, Roman Emperor 14, 26 Belgium 32, 114, 119, 128, 134 Antwerp 80, 86 see also Flanders; Netherlands 177 Bart Wauters and Marco de Benito - 9781786430762 Downloaded from Elgar Online at 10/02/2021 07:36:39AM via free access Columns Design XML Ltd / Job: Wauters-History_of_law_in_Europe / Division: Index /Pg. Position: 1 / Date: 1/3 JOBNAME: Wauters PAGE: 2 SESS: 6 OUTPUT: Wed Mar 8 14:35:32 2017 178 The history of law in Europe Belleperche, Pierre de 52 Cádiz, Constitution of 131–2 Benedict XIII, antipope 87 Caecilius, Sextus 91 Benedict of Nursia, St. 41 Calvin, John 88 Bentham, Jeremy 150, 161 Calvinism 85, 109–10, 163 Berlin 2 Cambacérès, Jean–Jacques Régis de Berytus 16, 26, 29 126–7 Beseler, Georg 136 Cambridge 159, 165, 167 Bible 41, 49, 57, 89, 94–5 Canada 117, 162 see alsoVulgate canon 41, 57–8 Bigot–Préameneau, Félix 126 canon law 2, 89, 98, 132, 140, 156–7 Bill of Rights and common law 156–7, 159, Britain 84 164–167 United States ofAmerica 116 early medieval 38–40 bill procedure 149–50, 153, 155 and humanism 94–5 Bismarck, Otto von 140 late medieval 48–9, 52, 55–67, 71, 73, Black Death 44, 63, 80 77–8 Blackstone, William 104, 160–61, 165 and Scots law 163 Bohemia 87, 110, 124 see also decretalists; decretals; Bolívar, Simon 117 decretists; Decretum Gratiani; Bolivia 128 ius commune; Bologna 1, 50–52, 54–5, 58, 62–3, 159 Romano-canonical procedure BonifaceVIII, Pope 49, 60, 64 Canossa 47 Bourbon, House of 83, 131 Canterbury Bourges 93 Capet see Hugh Capet Bourjon, François 125, 132 Capito, GaiusAlterius 26 Brabant, Duchy of 86 capitularia 38–40, 58, 67, 111 Bracton, Henry of 159, 160, 165 Caracalla, Roman Emperor 14, 25–7, 35 Brandenburg 123 Carmichael, Gerschom 104 Brazil 79, 143 Carolingians 32, 39–40, 42, 47, 57–8, Breviary ofAlaric see Lex Romana 67, 111 Visigothorum Carthage 11–12, 29 Brexit 4 Castile 46, 49, 68–9, 71, 79, 83, 98, 107 Britons 32 Catalonia 71, 83 Brittany 32, 85 Catherine II the Great, Tsarina of Russia Bruges 76, 80 115 Budé, Guillaume 93 Catherine of Siena, St. 87 Bugnet, Jean Joseph 134 Catholicism 36, 38–9, 41, 84–5, 89, 97, Bulgaria 48 109, 110, 119 Bulgarus 52 Cato the Censor, Marcius Porcius 91 Burchard of Worms 58 Celts 32 Bürgerliches Gesetzbuch 7, 130–1, censor 22 139–43 Cervantes, Miguel de 90 Burgundians 32, 36–7 Chappuis, Jean 60 Burgundy 81, 85–6 Charlemagne, King of the Franks, Burlamaqui, Jean–Jacques 104 Emperor of the West 40–41, 45 Byzantium 3, 31, 37, 41, 57, 91–2 Charles I, King of England 84 see also Constantinople; Istanbul Charles II, King of England 84 Bart Wauters and Marco de Benito - 9781786430762 Downloaded from Elgar Online at 10/02/2021 07:36:39AM via free access Columns Design XML Ltd / Job: Wauters-History_of_law_in_Europe / Division: Index /Pg. Position: 2 / Date: 7/3 JOBNAME: Wauters PAGE: 3 SESS: 4 OUTPUT: Wed Mar 8 14:35:32 2017 Index 179 CharlesV,Holy Roman Emperor 45, 83, Napoleonic codes 126–133 86–8 and model of Institutiones 26, 102, China 143 127 Chiusi 58 Prussia 123–4 Christianity 15, 36, 38–9, 60 Spain 131–2 see alsoArianism; Catholicism; Switzerland 142–3 Orthodox Christians; Código civil 7, 131–2 Reformation cognitio procedure 29, 30, 71, 169 Church–State relations 39–40, 47–9, Coimbra 97 85–89, 108–10, 118, 120, 156–7 Coke, Edward 160–61 see also freedom of religion Collectio Dionysiana 42 Cicero, Marcus Tullius 18, 23, 49, 62, Collectio Hadriana 42 91, 93 Collectio Hispana 42 Cinus of Pistoia 54 Columbus, Christopher 79 Cistercians 41 commentators 52, 54–6, 61, 69, 91, 94, civil codes 137 in France see Code civil des Français commercial law 56, 75–6, 101, 106, in Italy see Codice civile 128–32, 142–3 in Spain see Código civil common law 2–3, 5, 64, 83, 144–67, civil law 101, 106, 124–6, 128–9, 134, 169 160, 164 Commonwealth 84 as opposed to common law 2, 5, 76, Concordat of Worms 47 144, 169 Concordia discordantium canonum see see also contract law; donations; Decretum Gratiani marriage law; obligations; Conring, Hermann 100–101 possession; property; Roman Constance see council of Constance law; succession; tort law; trusts Constantine, Roman Emperor 6, 14–15, civil procedural law 7, 17, 56, 124, 40, 57 126–30, 132 Donation of 57–8, 90, 95 Classicism 135, 138 Constantinople 6, 15–16, 26, 29, 31, 41, ClementV,Pope 49, 60, 73 51, 79, 90 Clermont 77 constitutional law 4, 101, 118, 159 Clovis, King of the Franks 32, 36, 38–9 see also absolute monarchy; republic; Code civil des Français 7, 107, 125–9, separation of powers; social 131–5, 139–42 contract Codex iuris canonici 60 constitutions of Melfi see Liber Codex Justinianus 6–8, 51, 53, 106 augustalis Codex Theodosianus 7, 138 Consolat de Mar 76 Codex vetus 7 consul 11–13, 19, 20, 22, 26, 75–6, 118, Codice civile 7, 130–31 126–7 codification contract law 5, 18, 22–3, 28, 61, 97, 133, Austria 124 139, 141–2, 150–3, 157 Bavaria 124 Copernicus, Nicolaus 103 Enlightenment and 122–3 Coquille, Guy 111 France 124–6 corporate law see commercial law Germany 139–141 Corpus iuris canonici 60, 95, 128, 156 Italy 128–31 Corpus iuris civilis 6, 8–10, 49, 51, 53, Justinian 6–8 56, 69, 71, 91–2, 94–6, 138 Bart Wauters and Marco de Benito - 9781786430762 Downloaded from Elgar Online at 10/02/2021 07:36:39AM via free access Columns Design XML Ltd / Job: Wauters-History_of_law_in_Europe / Division: Index /Pg. Position: 3 / Date: 24/2 JOBNAME: Wauters PAGE: 4 SESS: 6 OUTPUT: Wed Mar 8 14:35:32 2017 180 The history of law in Europe council in the Bourgeois Era 123–6, 132, of Constance 87–8 134–5 ecumenical 40–42, 57–8, 88, 95 canon law as 89 to English king see curia regis and codification 110–1, 123–5, imperial 24–6, 29 132–3, 163 of Lateran IV 62, 72 and custumals 76–7, 111 to praetor 23 in the Early MiddleAges 33, 35, 39, of Trent 88–9, 97 75 Counter–Reformation 88 in the Early Modern Era 89, 95, 99, see also Reformation; council of 105–6 Trent in Eastern Europe 110 courts in England 144–5, 148, 153, 159, ofAdmiralty 156, 165 162, 165, 166 of Cassation 126–7 and ius commune 56–7, 65–7, 77–8 central courts of common law 146–50 in the Late MiddleAges 65, 67–8, of Chancery 151–6, 164–5 74–8, 165–6 of Common Pleas 149 and legislation 68, 101, 105 ecclesiastical 59–60, 64–7, 70–72, of Orléans 125 74, 108–9, 156–7, 162–4, 168 of Paris 111, 125–6, 132 of Exchequer 149–50 and procedure 73, 76, 99 feudal 64, 108 in the Roman Empire 10 guilds 65, 70 custumals see customary law of King’s Bench 149, 153, 159–60 Cyprus 162 maritime 76, 156, 165 Czech Republic 124 mercantile 75–6 municipal 65, 70, 78 Daguesseau, Henri 106, 132 royal 70–72, 107–9, 146–9, 151–2, d’Alembert, Jean–Baptiste Le Rond 159 121 rural 65, 70 Dalmatia 40 seigniorial 65, 70 Damme 76 of Star Chamber 156 Danelaw 145 university 65, 70 Danes 166 see alsoAudiencia; parlement; Danske Lov 107 Tribunal de Corte Danube, River 32 Coutumes de Beauvaisis 77 Danzig 76 Covarruvias, Diego de 111 decretals 42, 57–63, 68–9, 77, 89, 95, criminal law 4, 5, 8, 16–17, 19, 35, 37, 165 40, 56, 101, 106, 122, 124, 126, see also canon law; decretalists; 128–32, 138, 147, 149, 151,156, Liber extra; Liber sextus; 160 pseudo–Isidorian decretals criminal procedural law 124, 126, decretalists 61–2 128–31 decretists 61 Croatia 124 Decretum Gratiani 57–63, 67–8, 77, 94 crusades 44, 48 delicts, law of see tort law Cujas, Jacques 93 Denmark 77, 107, 145 curia regis 147–9, 154, 156 Descartes, René 103 customary law 3, 128 Deutscher Bund 118, 139 Bart Wauters and Marco de Benito - 9781786430762 Downloaded from Elgar Online at 10/02/2021 07:36:39AM via free access Columns Design XML Ltd / Job: Wauters-History_of_law_in_Europe / Division: Index /Pg.
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