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图书目录:Introduction
Law and History Law and Revolution The Crisis of the Western Legal Tradition Toward a Social Theory of Law PART I: THE PAPAL REVOLUTION AND THE CANON LAW 1. The Background of the Western Legal Tradition: The Folklaw Tribal Law Dynamic Elements in Germanic Law: Christianity and Kingship Penitential Law and Its Relation to the Folklaw 2. The Origin of the Western Legal Tradition in the Papal Revolution Church and Empire: The Cluniac Reform The Dictates of the Pope The Revolutionary Character of the Papal Revolution Social-Psychological Causes and Consequences of the Papal Revolution The Rise of the Modern State The Rise of Modern Legal Systems 3. The Origin of Western Legal Science in the European Universities The Law School at Bologna The Curriculum and Teaching Method The Scholastic Method of Analysis and Synthesis The Relation of Scholasticism to Greek Philosophy and Roman Law The Application of the Scholastic Dialectic to Legal Science Law as a Prototype of Western Science 4. Theological Sources of the Western Legal Tradition Last Judgment and Purgatory The Sacrament of Penance The Sacrament of the Eucharist The New Theology: St. Anselm's Doctrine of Atonement The Legal Implications of the Doctrine of the Atonement Theological Sources of Western Criminal Law The Canon Law of Crimes 5. Canon Law: The First Modern Western Legal System The Relation of Canon Law to Roman Law Constitutional Foundations of the Canon Law System Corporation Law as the Constitutional Law of the Church Limitations on Ecclesiastical Jurisdiction 6. Structural Elements of the System of Canon Law The Canon Law of Marriage The Canon Law of Inheritance The Canon Law of Property The Canon Law of Contracts Procedure The Systematic Character of Canon Law 7. Becket versus Henry H: The Competition of Concurrent Jurisdictions The Constitutions of Clarendon Benefit of Clergy and Double Jeopardy Ecclesiastical Jurisdiction in England Writs of Prohibition PART II: THE FORMATION OF SECULAR LEGAL SYSTEMS 8. The Concept of Secular Law The Emergence of New Theories of Secular Government and Secular Law John of Salisbury, Founder of Western Political Science Theories of the Roman and Canon Lawyers The Rule of Law 9. Feudal Law Feudal Custom in the West Prior to the Eleventh Century The Emergence of a System of Feudal Law 10. Manorial Law Objectivity and Universality Reciprocity of Rights of Lords and Peasants Participatory Adj udication Integration and Growth 11. Mercantile Law Religion and the Rise of Capitalism The New System of Commercial Law 12. Urban Law Causes of the Rise of the Modern City The Origins of the Cities and Towns of Western Europe Picardy (France): Cambrai, Beauvais, Laon France: Lorris, Montauban Normandy: Verneuil Flanders: Saint-Omer, Bruges, Ghent Germany: Cologne, Freiburg, Lfibeck, Magdeburg England: London, Ipswich The Italian Cities Guilds and Guild Law The Main Characteristics of Urban Law The City as a Historical Community 13. Royal Law." Sicily, England, Normandy, France The Norman Kingdom of Sicily The Norman State The Personality of Roger II The Norman Legal System The Growth of Royal Law in Norman Italy England The Personality of Henry II The English State English Royal Law ("The Common Law") The Science of the English Common Law Normandy France The Personality of Philip Augustus The French State The French System of Royal Justice French Royal Civil and Criminal Law French and English Royal Law Compared 14. Royal Law." Germany, Spain, Flanders, Hungary, Denmark Germany Imperial Law The personality and vision of Frederick Barbarossa The imperial peace statutes (Landfrieden) The Mirror of Saxon Law ( Sachsenspiegel) The Law of the Principalities Spain, Flanders, Hungary, Denmark Royal Law and Canon Law Conclusion Beyond Marx, Beyond Weber Abbreviations Notes Acknowledgements Index Maps and Figures Map 1. Western Europe circa 1050 Map 2. Western Europe circa 1200 Map 3. Cities and towns of Western Europe circa 1250 Figure 1. Structure of the Western church-state,1100-1500 Figure 2. Canon law, urban law, royal law, and feudal law, mid eleventh to late thirteenth centuries |