Preclassical Conflict of Laws

Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.

Nikitas E. Hatzimihail (Author)

9781009363907, Cambridge University Press

Paperback, published 6 April 2023

642 pages
22.9 x 15.2 x 3.3 cm, 0.917 kg

'… stimulating and recommendable read for interested readers not only from the field of legal history, but also from modern international private right.' Dr. Kristin Boosfeld, European Union Private Law Review

To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

1. Introduction
Part I. History and Historiography in the Conflict of Laws: 2. Uses of History in Private International Law
3. Preclassical Conflict of Laws in the Historical Consciousness
Part II. Current Concerns: 4. Conflict of Laws as a Conceptual Battlefield
5. Conflict of Laws as a Doctrinal Exercise
6. Conflict of Laws in a World System
Part III. Bartolus da Sassoferrato and the Conflict of Laws in the Middle Ages: 7. 'Nunc veniamus ad glossam': Bartolus on the Conflict of Laws
8. The Political Context of Bartolan Conflict of Laws
9. Doctrinal Aspects of Bartolan Conflict of Laws
10. Bartolan Conflict of Laws in the Conceptual Battlefield
Part IV. Ulrik Huber and Conflict of Laws in the Early Modern Period
11. 'Saepe fit, ut negotia': Huber on the Conflict of Laws
12. The Political Context of Huber's Conflict of Laws
13. Doctrinal Aspects of Huber's Conflict of Laws
14. Huber's Conflict of Laws in the Conceptual Battlefield
Epilogue: 15. Preclassical Conflict of Laws Configured.

Subject Areas: Private international law & conflict of laws [LBG], International law [LB], Comparative law [LAM], Law [L], Nationalism [JPFN], Political science & theory [JPA], History of ideas [JFCX], European history [HBJD], History [HB]