Full Description
This book presents a comprehensive exploration of historical perspectives on justice, equity, and equality, which have been, and still are, considered as the core values of any balanced political system. Combining historical methodology with wider philosophical and ethical insights, the volume offers a unique contribution to the fields of legal history, legal heritage, and legal culture. Bringing together scholars who specialise in different historical periods, the book covers a variety of concepts and practices, but also identifies some universal ideas about justice, equity, and equality that have been stimulating the development of the European political and legal tradition throughout the ages. In this way, it provides a multidisciplinary approach that advances the field of legal studies. By bridging the disciplines of history, law, and philosophy, the book demonstrates the interconnectedness of these fields and highlights how historical legal concepts can inform contemporary discussions. As such, it will be a valuable resource for academics and researchers working in these and related areas.
Contents
Introduction: Kaleidoscope; 1. The Historian's Craft and Ethical Values. A Lesson from Aristotle; 2. Justice as an "Empty Principle" in Post-Structuralist Legal Thought: Towards Neohistorical Jurisprudence?; Part 1: Law & Justice; Chapter 3 The Concept of Justice in Polish Municipal Law in the 16th-18th Centuries; Chapter 4 Good Morals as the Yardstick of Cartels' Validity in Hungarian Private Law at the Turn of the 20th Century; Part 2: Law & Equity; 5. Legitimacy and Equity in the 11th century? Age-old Messages from Susali; 6. Visions of Equity; 7. The Concept of Equity in Austrian Private Law from the Origins of the Austrian General Civil Code (ABGB) to the Present Day; Part 3: Law & Equality; 8. Liberty and Inequality in Cicero's Oratio pro Sestio; 9. Equity and Equality in Richard Francis' "Maxims of Equity"
