‎Barker David, Padfield Colin‎
‎Law‎

‎Disputationes duae" I, De actoribus & spectatoribus fabularum non notandis. II. De abusu mendacii. Nunc primum in lucem editae. - [""LET THE SAFETY OF THE PEOPLE BE THE SUPREME LAW""]‎

‎Hannover, 1599. Small 8vo. Contemporary full vellum. Binding with some wear, especially to extremities. Lower spine restored. Evenly browned throughout. 210 pp. ‎

‎Extremely scarce first edition of Genitili's highly important ""Two Disputations"", including the first printing of his seminal treatise ""On Lying"", which is of fundamental importance to Gentili's legal system that was based on practice and experience and became extremely influential. ""In his disputation on lying, published in 1599, he defended the use of the ""officious lie"" in cases of ""great necessity"", and insisted that the law should be considered in the light of its ultimate aim, citing the maxim, ""Salus populi suprema lex esto"" (Let the safety of the people be the supreme law)."" (Note: Gentili, Disputationum Duae… 1599). (Kingsbury & Straumann, The Roman Foundations of the Law of Nations. Alberico Gentili and the Justice of Empire, p. 142). Alberico Gentili, the ""Father of international law"" (1552 -1608), was an Italian jurist, tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius professor of civil law at the University of Oxford for 21 years. He was the earliest writer on public international law, and in 1587, he became the first non-English person to be a Regius Professor. Gentili's books are recognized to be among the most essential for international legal doctrines. ""A prominent early modern Italian legal theorist and practicing lawyer, Alberico Gentili is regarded, along with Francisco de Vitoria and Hugo Grotius, as one of the founders of the science of the modern law of nations (ius gentium) and a major figure in the development of international relations. He designed a solid and autonomous framework for the law of nations based on three pillars: the Greco-Roman idea of natural law, the Justinian compilation of Roman law, and the-then novel Bodinian notion of sovereignty as supreme, perpetual, and indivisible power. Gentili freed the law of nations from excessive scholastic influences and theological importations, avoiding metaphysical developments and overly subtle dialectics. He tried to build a system based on practice and experience. His legal construction is more inductive from events, episodes, customs, and facts, than deductive from unchanged premises. Providing some new arguments, he removed religion as a valid reason for conflict and war, he advocated for the legitimacy of non-Christian regimes, especially the Ottomans, and he tried to fix the tenuous lines of separation between jurisprudence and theology and between the internal forum and external forum of canon law. Neither the pope nor the Roman Catholic Church has a place in Gentili's systematic account. His world-famous saying - silete theologi in munere alieno! - commands the theologian not to be involved in other people's business and was claimed centuries later by the jurisprudence of European public law to argue in favor of the secularization of the law, beyond the limits Gentili himself intended."" (Domingo & Minucci, Alberigo Gentili and the Secularization of the Law of Nations, p. 1). Alberico Gentili was a transitional, erudite, legal thinker and practicing lawyer fully involved in the events of his lifetime and attentive to continuous and profound political and social changes. Educated in the Bartolist method, he gradually evolved to a more integrated jurisprudence, in accordance with the humanist approach. He elaborated a new framework for the law of nations as a part of the law of nature to be applied between and among sovereign states and governed by Justinian Roman law. He also offered a systematic account of two of the most relevant institutions of international relations: diplomacy and war. Gentili's severe critique of religious intolerance" his drawing of a demarcation between the spiritual and the temporal, the internal and the external forum of conscience his separation of functions between theologians and jurists his continuous interpretative effort to find principles of natural law-all of these ideas and attitudes, among others, contributed to the establishment of the theoretical basis of the European modern state and to the building up of an international society of sovereign nations. (Domingo & Minucci, Alberigo Gentili and the Secularization of the Law of Nations, p. 17). First editions by Gentili are exceedingly rare on the market. ‎

‎Popes, Bishops, and the Progress of Canon Law, c.1120-1234‎

‎, Brepols, 2020 Hardback, 506 pages, Size:156 x 234 mm, Illustrations:2 b/w, 14 tables b/w., Language: English. ISBN 9782503585475.‎

‎Summary Bishops have always played a central role in the making and enforcement of the law of the Church, and none more so than the bishop of Rome. From convening and presiding over church councils to applying canon law in church courts, popes and bishops have exercised a decisive influence on the history of that law. This book, a selection of Anne J. Duggan's most significant studies on the history of canon law, highlights the interactive role of popes and bishops, and other prelates, in the development of ecclesiastical law and practice between 1120 and 1234. This emphasis directly challenges the pervasive influence of the concept of 'papal monarchy', in which popes, and not diocesan bishops and their legal advisers, have been seen as the driving force behind the legal transformation of the Latin Church in the twelfth and early thirteenth centuries. Contrary to the argument that the emergence of the papacy as the primary judicial and legislative authority in the Latin Church was the result of a deliberate programme of papal aggrandizement, the principal argument of this book is that the processes of consultation and appeal reveal a different picture: not of a relentless papal machine but of a constant dialogue between diocesan bishops and the papal Curia, in which the 'papal machine' evolved to meet the demand. TABLE OF CONTENTS Chapter 1: Jura sua unicuique tribuat: Innocent II and the advance of the learned laws Chapter 2: 'Justinian's Laws, not the Lord's': Eugenius III and the learned laws Chapter 3: Servus servorum Dei: Adrian IV's contribution to canon law (1154-9) Chapter 4: Alexander ille meus: The Papacy of Alexander III Chapter 5: The Effect of Alexander III's 'Rules on the Formation of Marriage' in Angevin England Chapter 6: The Nature of Alexander III's Contribution to Marriage Law, with special reference to Licet preter solitum Chapter 7: Master of the Decretals: A Reassessment of Alexander III's Contribution to Canon Law Chapter 8: Making Law or Not? The Function of Papal Decretals in the Twelfth Century Chapter 9: 'Our Letters have not usually made law (legem facere) on such matters' (Alexander III, 1169): a new look at the formation of the canon law of marriage in the twelfth century Chapter 10: Manu Sollicitudinis: Celestine III and Canon Law Chapter 11: De Consultationibus: the role of episcopal consultation in the shaping of canon law in the twelfth century Chapter 12: The English Exile of Archbishop ystein of Nidaros (1180-83) Chapter 13: The Decretals of Archbishop ystein of Trondheim (Nidaros) Chapter 14: Eystein and the World of the Learned Law: with special reference to the Fragmentum Asloense: Oslo, Riksarkivet, latin fragment 152, 1-2‎

‎Kaczorowski K. The Peoples Law. In Russian (ask us if in doubt)‎

‎Kaczorowski K. The Peoples Law. In Russian (ask us if in doubt)/Kachorovskiy K. Narodnoe pravo.The Historical and Legal Study of M. Book Young Russia typified by G. Lissner and D. Sobko 1906. IV and 252 and 2. From the contents: No one knows the custom. Community law. Non-agricultural agricultural agricultural law. Common law among non-agricultural labor masses. V. Basic features of popular law. Type and degree of development of law. Common features of popular customary law. Subjectivism of popular law. Purpose In popular law. VI. Labor law. Labor law and anti-labor law as class legal consciousness. The prIn ciple of labor law and the domIn ant law. The prevalence of labor law. Labor law and personal and communal begIn nIn gs. SKUalb34601b0dac396329.‎

‎Canon Law and Christian Societies Between Christianity and Islam. An Arabic Canon Collection From al-Andalus and its Transcultural Contexts‎

‎, Brepols, 2024 Hardback, 434 pages, Size:156 x 234 mm, Illustrations:2 tables b/w., Language: English. ISBN 9782503607269.‎

‎Summary The unique Arabic version of the Iberian canon law code 'Collectio Hispana', preserved in a mid-eleventh-century manuscript of the Royal Library of El Escorial, has been deemed ?the most distinguished and characteristic? work of medieval Andalusi Christian writing. It represents an exceptional source witness to the internal legal organisation of Christian communities in Muslim-dominated al-Andalus as well as to their acculturation to Islamicate environments. Yet, the Arabic collection has received only little scholarly attention so far. This volume presents the results of a recent interdisciplinary research project on the Arabic canon law manuscript, flanked by contributions from neigbouring fields of research that allow for a comparative assessment of the substantial new findings. The individual chapters in this volume address issues such as the origins of the Arabic law code and its sole transmitting manuscript, its language and translation strategies, its source value for both the persistence and transformation of ecclesiastical institutions after the Muslim conquest, or the law code's position in the judicial practice of al-Andalus. The volume brings together the scholarly expertise of distinguished specialists in a broad range of disciplines, e.g. history, Arabic and Latin philology, medieval palaeography and codicology, archaeology, coptology, theology and history of law. TABLE OF CONTENTS I. Introductory Essays Jes s LORENZO JIM NEZ, Geoffrey K. MARTIN, and Matthias MASER: ?Introduction: Canon Law and Christian Societies, Between Christianity and Islam. The Arabic Canon Collection From al-Andalus and its Transcultural Contexts? Matthias MASER: ?Whens and Whereabouts?Old and New Lights on the Genesis of al-Q?n?n al-Muqaddas (El Escorial, ms. rabe 1623)? II. The CCAEA's Interrelations With Other Variants of the Latin Hispana Collection Pieter S. Van Koningsveld (?): ?The Date of al-Q?n?n al-Muqaddas: The Lisbon Fragments and the Islamic Sources? Matthias M. TISCHLER: ?Carolingian Canon Law Collections in Early Medieval Catalonia. Complementing or Replacing the Hispano-Visigothic Legal Tradition?? Cornelia SCHERER: ?Looking Over the Editor's Shoulder. Strategies and Processes Applied to the Systematic Arrangement of the Collectio Hispana? Matthias MASER: ?Papal Decretals in the Arabic Canon Law Collection from al-Andalus. Patterns of Selection, Arrangement, and Indexing? III. Language and Lexis of Christian-Arabic (Canon) Law Juan Pedro MONFERRER-SALA: ?Notes on the Lexicon of the Tenth Book of al-Q?n?n al-Muqaddas (Mid-11th Century CE)? Ariana D'OTTONE and Matthijs WIBIER: ?Visigothic Law and Canon Law in al-Andalus: Reconsidering the Leiden Glossary and the Vocabulista in Arabico? IV. Judicial Systems and Court Procedures From a Transcultural Perspective Lev WEITZ: ?Canon Law and Q??? Court Documents in Medieval Egypt? Francisco CINTRON MATTEI: ?Insights Into the Judicial Organization and Social Authority of an Ecclesiastical Judiciary in al-Andalus? Delfina SERANO-RUANO: ?Legal Interactions Between Christians and Muslims in al-Andalus According to the Collection of Legal Cases by Ibn Sahl (d. 486/1093)? V. Persistence and Transformations of Ecclesiastical Structures in al-Andalus Jes s LORENZO JIM NEZ: ?When God Does Not Rule the City of God. Bishops and Episcopal Sees in al-Andalus? Ana ECHEVARR A ARSUAGA: ?The Survival of Female Monasticism in al-Andalus? Mar a de los ngeles UTRERO AGUDO: ?Archaeology on the Construction and Connections of the So-Called Mozarabic Churches? VI. Orthodoxy, Discipline, and Law in 'Mozarabic' Societies Geoffrey K. MARTIN: ?Translation and Theology in the Arabic Version of Pope Leo I's Letter against Priscillian? Mar a Magdalena MART NEZ ALMIRA: ?The Marriage of Cordovan Mozarabs in al-Q?n?n al-Muqaddas? VII. Conclusions Thomas BURMAN: ?Conclusion?‎

‎Le Droit de la Guerre et de la Paix. Divisé en trois livres, Où il explique le Droit de la Nature, le droit des Gens, & les principaux Points du Droit public, ou qui concerne le gouvernement public d'un Etat. Traduit du Latin en Francois, par Monsie... - [THE FOUNDATION OF INTERNATIONAL LAW]‎

‎Paris, Arnould Seneuze, 1687. 4to. Two contemporary uniform full calf bindings with five raised bands to richly gilt spines. Capitals and upper front hinge of volume one worn and boards with a few scrapes. Internally very nice and clean with just the occasional light brownspotting. Engraved frontispiece in vol. 1, engraved title-vignettes, large engraved vignette to verso of title-page of vol. 1, engraved portrait in vol. 1, woodcut vignettes and initials. Printed on good paper and with wide margins. (48), 621, (3) pp. + frontispiece and portrait" (4), 197, (3) pp.‎

‎The very rare first edition of the first French translation of Grotius' groundbreaking magnum opus, ""De Jure Belli ac Pacis"", the founding work of international law. The profoundly influential masterpiece - written during the Thirty Years' War, in the hope that rational human beings might be able to agree to legal limits on war's destruction - ""made him famous throughout Europe... [t]he questions which he put forward have come to be the basis of the ultimate view of land and society. This was the first attempt to lay down a principle of right, and a basis for society and government, outside Church or Scripture... Grotius's principle of an immutable law, which God can no more alter than a mathematical axiom, was the first expression of the ""droit naturel"", the natural law which exercised the great political theorists of the eighteenth century, and is the foundation of modern international law."" (PMM 125). This magnum opus of legal philosophy played a tremendous role in French law and politics and in the entire development of international law in general. ""It is on the DIB (De Iure Bellis) that the bulk of Grotius' reputation rests. It consists of an introduction and three books, totaling more than 900 pages in translation. As with DIP, the introduction or ""Prolegomena"" holds the greatest interest for philosophers, for it is here that Grotius articulates and defends the philosophical foundations of the DIB. While philosophers are naturally attracted to the ""Prolegomena,"" the body of the DIB is also redolent with themes of philosophical interest. Book One defines the concept of war, argues for the legitimacy of war, and identifies who may legitimately wage war. Book Two deals with the causes of war, the origins of property, the transfer of rights and more, while Book Three is dedicated primarily to the rightful conduct of belligerents in war. After the initial publication in 1625, Grotius ushered several more editions to press during his life, each time adding more references without substantially changing the arguments."" (SEP).Living in the times of the Eighty Years' War between Spain and the Netherlands and the Thirty Years' War between Catholic and Protestant European nations (Catholic France being in the otherwise Protestant camp), Grotius was deeply concerned with matters of conflicts between nations and religions. His magnum opus was a monumental effort to restrain such conflicts on the basis of a broad moral consensus. It was begun in prison and published during his exile in Paris. ""In the dedication of his great work, ""De Jure Belli ac Pacis"", to Louis XIII of France, Grotius addresses the king as ""everywhere known by the name Just no less than that of Louis ... Just, when you call back to life laws that are on the verge of burial, and with all your strength set yourself against the trend of an age which is rushing headlong to destruction" ... when you offer no violence to souls that hold views different from your own in matter of religion" ... when by the exercise of your authority you lighten the burden of oppressed peoples.""When writing this dedication and the Prolegomena to ""De Jure Belli ac Pacis"" (originally published in Paris in 1625), Grotius was living in exile. Europe was war-torn and depression and suffering from hunger and cold prevailed in many regions, justifying Grotius' description of international law as such: ""in our day, as in former times, there is no lack of men who view this branch of law with contempt as having no reality outside of an empty name."" The treaty of peace, embodying many of the universal and permanent principles which Grotius abstracted ""from every particular fact"" in those dark days of the early part of the Thirty Years' War, was not concluded till 23 years later. The year 1624 was, in the negotiation of the treaty, assumed to be the norm year for restoration of the ""Status quo"".The more than three centuries since Grotius wrote his magnum opus seem to bear witness to his views upon war peace, in spite of the fact that many a state has not yet realized that the state is ""Truly fortunate which has justice for its own boundary line."" In 1625 Grotius famously stated: ""there is no state so powerful that it may not sometime need the help of others outside itself, either for the purposes of trade, or even ward off the forces of many foreign nations united against it.""Grotius's paramount influence upon international law is widely acknowledged worldwide. For instance, since 1999 the American Society of International Law holds an annual series of Grotius Lectures. Because of his theological underpinning of free trade, he is also considered an ""economic theologist"".""To those desirous of understanding the fundamental principles which have motivated some of the greatest statesmen of modern time and the bases upon which a state which is to remain essentially sound must rest, a reading of Grotius' Prolegomena to the ""Law of War and Peace"" is commended."" (George Grafton Wilson: ""Grotius: Law of War and Peace."", p. 1. In: The American Journal of International Law, vol. 35, nr. 2, 1941).‎