Studies in the History of Law and Justice

Five Legal Revolutions Since the 17th Century

An Analysis of a Global Legal History

Authors: Halpérin, Jean-Louis

  • Proposes an original analysis of a global legal history in Modern Times (since the 17th century)
  • Constitutes a unique study, testing the concept of "legal revolution" on an historical basis through to the present
  • Provokes new debates in legal philosophy about the rule of change
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Hardcover $129.00
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  • ISBN 978-3-319-05887-0
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Softcover $129.00
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  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 3, 2016
  • ISBN 978-3-319-37940-1
  • Free shipping for individuals worldwide
About this book

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.

The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field.

These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law.

In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.

Table of contents (5 chapters)

  • What is Revolutionary in the Legal Construction of Modern States?

    Halpérin, Jean-Louis

    Pages 1-34

  • Codification and Law Reporting: A Revolution Through Systematisation?

    Halpérin, Jean-Louis

    Pages 35-71

  • Modern Constitutionalism: A Chain of Revolutions Always in Progress

    Halpérin, Jean-Louis

    Pages 73-110

  • Federative Law: A Fettered Revolution?

    Halpérin, Jean-Louis

    Pages 111-149

  • International or Global Law: An Unachieved Revolution?

    Halpérin, Jean-Louis

    Pages 151-191

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-3-319-05888-7
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-3-319-05887-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 3, 2016
  • ISBN 978-3-319-37940-1
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Five Legal Revolutions Since the 17th Century
Book Subtitle
An Analysis of a Global Legal History
Authors
Series Title
Studies in the History of Law and Justice
Series Volume
1
Copyright
2014
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-05888-7
DOI
10.1007/978-3-319-05888-7
Hardcover ISBN
978-3-319-05887-0
Softcover ISBN
978-3-319-37940-1
Series ISSN
2198-9842
Edition Number
1
Number of Pages
XVI, 194
Number of Illustrations and Tables
1 b/w illustrations
Topics