Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Legal theory and methods. Philosophy of law --- Customary law --- Customary law, International --- Philosophy --- History --- Customary law, International. --- Customary law. --- History. --- Philosophy. --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Customary international law --- International customary law --- International law --- Jus cogens (International law) --- Law, Primitive --- Traditional law --- Law --- General and Others --- Customary law - Philosophy --- Customary law - History --- Jurisprudence.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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 Decock’s 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 another's 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

Liberty of contract --- Contracts (Canon law) --- Contracts (Roman law) --- Contracts --- Customary law --- History --- Moral and ethical aspects --- Contracten (Canoniek recht) --- Contracten (Romeins recht) --- Contrats (Droit canonique) --- Contrats (Droit romain) --- Contract, Freedom of --- Contract, Liberty of --- Freedom of contract --- Liberty --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Third parties (Law) --- Roman law --- Canon law --- Law and legislation --- Europe --- Law, Primitive --- Traditional law --- Liberty of contract - Europe - History --- Liberty of contract - Moral and ethical aspects --- Contracts - Europe - History --- Customary law - History --- Liberté contractuelle --- Contrats (droit romain) --- Contrats --- Théologie --- Théologie et droit --- Histoire --- Aspect moral --- Influence --- History of the law --- Law of obligations. Law of contract --- anno 1500-1599 --- anno 1600-1699