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Theologians and Contract Law

The Moral Transformation of the Ius Commune (ca. 1500-1650)
Wim Decock, Max-Planck-Institute for
Legal History, Frankfurt

Tracing the Earliest Recorded Concepts of International Law

The Ancient Near East (2500-330 BCE)
Amnon Altman, Bar-Ilan University

From Industrial to Legal Standardization, 1871-1914

Transnational Insurance Law and the Great San Francisco Earthquake
Tilmann J. Rder, Max Planck Institute
for Comparative Public Law and International Law, Heidelberg

Passion and Ambivalence

Colonialism, Nationalism, and International Law
Nathaniel Berman, Brown University

Theory and Politics of the Law of Nations

Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries
University

Specific Performance in German, French and Dutch Law in the Nineteenth Century
Remedies in an Age of Fundamental Rights and Industrialisation
University

Regeneration and Hegemony

Franco-Batavian Relations in the Revolutionary Era, 1795-1803
Raymond Kubben, Tilburg University

Gaius meets Cicero

Law and Rhetoric in the School Controversies
of Leuven

Contracts for a thirdparty beneficiary

A historical and comparative account
Edited by Jan Hallebeek and Amsterdam

Tessa G. Leesen, Catholic University

Harry Dondorp, VU University

Tetsuya Toyoda, Akita International

Janwillem Oosterhuis, Maastricht

August 2012 ISBN 978 90 04 23284 6 Hardback (approx. 784 pp.) List price EUR 179.00 / US$ 249.00 Legal History Library, 9 / Studies in the History of Private Law, 4

June 2012 ISBN 978 90 04 22252 6 Hardback (approx. 304 pp.) List price EUR 109.00 / US$ 149.00 Legal History Library, 8 / Studies in the History of International Law, 4

December 2011 ISBN 978 90 04 21024 0 Hardback (xiv, 460 pp.) List price EUR 129.00 / US$ 177.00 Legal History Library, 6 / Studies in the History of International Law, 3 September 2011 ISBN 978 90 04 20663 2 Hardback (xiv, 220 pp.) List price EUR 99.00 / US$ 136.00 Legal History Library, 5 / Studies in the History of International Law, 2 April 2011 ISBN 978 90 04 19605 6 Hardback (xxi, 635 pp.) List price EUR 129.00 / US$ 183.00 Legal History Library, 4 / Studies in the History of Private Law, 2

The Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decocks thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at anothers expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness.

This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BC. Rather than entering into the debate on the continuous development of international law in Antiquity, the book discloses a vast amount of textual material from the Ancient Near East which sheds a light on the legal regulation and organization of international relations in different epochs of pre-classical Antiquity. The book is a treasure grove of information for the historian of international law who wants to acquaint himself with the remotest history of international law, while it will also serve the general historian of the Ancient Near East who wants to acquaint himself with the international law of the period.

November 2011 ISBN 978 90 04 21237 4 Hardback (xviii, 350 pp.) List price EUR 99.00 / US$ 136.00 Legal History Library, 7 / Studies in the History of Private Law, 3

At the end of the 19th century, internationalisation and standardisation fundamentally changed business law. More and more industries such as insurance, transport, wholesale and finance used standard contracts and clauses for international transactions. An impressive example of this development was the reaction of the insurance industry to the earthquake and inflagration of San Francisco in 1906. At once, a global discourse on the economic, technical and legal consequences arose; in the meantime, a small group of powerful reinsurance managers developed a strict exclusionary clause intended for worldwide application. Fire insurers in many countries adopted this earthquake clause, while others refused it. Germany, California and Italy - where the earthquake of Messina in 1908 led to a legal turn - are paradigmatic examples of these reactions. Beyond this case study, the author discusses the novel phenomenon of international standard contracts and clauses from a theoretical perspective.

Ethnic, nationalist, and religious conflicts and debates about international intervention have been central global preoccupations of the past hundred years. Such debates, this volume argues, were first framed in their modern form during the interwar period, when a Modernist break (akin to that in literature, philosophy, and the arts) transformed the way such conflicts were viewed. Internationalists began to cast identity-based claims whether those of anti-colonialists or European separatists not only as mortal dangers to international order but as indispensable to its revitalization. Drawing on cultural studies, postcolonial theory, and psychoanalysis with case studies ranging from 1930s Ethiopia to 1990s Jerusalem this volume looks at both the origins and legacy of these debates, offering a radical reinterpretation of modern internationalism.

January 2011 ISBN 978 90 04 18558 6 Hardback (xviii, 790 pp.) List price EUR 149.00 / US$ 212.00 Legal History Library, 3 / Studies in the History of International Law, 1

September 2010 ISBN 978 90 04 18774 0 Hardback (xiv, 358 pp.) List price EUR 101.00 / US$ 140.00 Legal History Library, 2

Emergence of the modern science of international law in the seventeenth and eighteenth centuries is usually attributed to Hugo Grotius (1583-1645) and other founders of international law. Based on the belief that all seventeenth and eighteenth-century writers of international law had their own particular political context in mind when writing about the law of nations, this book sheds light on some worldly aspect of the early writers of the law of nations (i.e., the former name for international law). Studied here are the writings of seven German court councilors, namely, Samuel Rachel (Schleswig-Holstein-Gottorp), Gottfried Wilhelm Leibniz (Hannover), Adam Friedrich Glafey (Saxony), Johann Adam Ickstatt (Wrzburg-Bamberg), Samuel von Cocceji (Prussia), Johann Jacob Moser (Wrtemberg and Hessen-Homburg) and Emer de Vattel (Saxony).

The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations.

What is the relevance of law to a world dominated by a hegemon? What is the relation between power and law at the international level? In this volume, these questions are approached based on a case study of relations between France and the Netherlands throughout the Revolutionary Wars. It shows that power and law are not isolated phenomena and that their relation is not as one-dimensional as it is commonly portrayed. Law can be an instrument of power, while law poses a normative force even a superpower cannot ignore. Thereto, the case study sketches a context in which an international law based on sovereign equality could, to a large extent, be circumvented by exploiting crossborder factionalism, thus nuancing state-centric perspectives on international politics.

Gaius Meets Cicero. Law and Rhetoric in the School Controversies sheds new light on a much debated issue in the field of Roman law, i.e. the so-called school controversies between the Sabinians and the Proculians. Tessa Leesen rejects the general assumption in modern literature that the two schools each adhered to a fundamentally different theoretical conception of law. She argues that the school controversies as described in Gaius Institutiones arose in legal practice when the heads of the two schools were consulted by two conflicting parties and each gave opposing advice. In order to make their opinions persuasive, the jurists were in need of adequate arguments. For this purpose, they made use of rhetoric and of the argumentative theory of topoi as described in Ciceros Topica.

August 2008 ISBN 978 90 04 16974 6 Hardback (viii, 172 pp.) List price EUR 82.00 / US$ 114.00 Legal History Library, 1 / Studies in the History of Private Law, 1

Through recent changes in Dutch (1992) and English (1999) private law, contracts for a third-party beneficiary are, in Western Europe, nowadays considered to be effective and enforceable. This concept is, however, incompatible with both the civilian tradition on the continent and the traditional parties-only rule of English common law. The purpose of this study is to show how the problem of the third-party beneficiary was dealt with during the various periods of Western legal thought and to discuss the subject from the perspective of present-day comparative law. The book is of interest not only to legal historians, but also to all who are engaged with present-day private law scholars, practitioners and advanced students. Contributors include David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, and Hendrik Verhagen, Professor of Private International Law, Comparative Law and Civil Law at the Radboud University Nijmegen, attorney at the firm Clifford Chance Amsterdam, and deputy justice at the Court of Appeal, s-Hertogenbosch.