Juridical

Beseler and Gierke on the Law of Associations

Beseler and Gierke on the Law of Associations

From H. J. van Eikema Hommes, Major Trends in the History of Legal Philosophy (Amsterdam: North-Holland Publishing Company, 1979), pp. 199-205. Beseler's Theory of "Corporate Law" (“Genossenschaftsrecht "). Autonomy as a Source of Law  Although Be...
Coming to Grips with Roman Law

Coming to Grips with Roman Law

How to understand this cornerstone of Western civilization Excerpts from my writings From A Common Law [1] Rome arose, a republic – that is, a polis , a city-state like the Greek city-states – but a republic with a difference. Rome rei...
Maine on status versus contract

Maine on status versus contract

Excerpted from Chapter 5 of Ancient Law by Sir Henry Sumner Maine (1861) The rudiments of the social state, so far as they are known to us at all, are known through testimony of three sorts accounts by contemporary observers of civilisations less ...
Private Law and Common Law

Private Law and Common Law

The Private-Law Character of the Common Law  Ruben Alvarado Copyright © 2000 Ruben C. Alvarado this edition published 2013 on commonlawreview.com The Western legal tradition provided the context for the development of the Constitution of Liberty. L...
Savigny on Principles of Law

Savigny on Principles of Law

From System of the Modern Roman Law, translated by William Holloway, revised and corrected by Ruben Alvarado CHAPTER I. OBJECT OF THIS WORK. § I. MODERN ROMAN LAW. The part of the science of law, of which the exposition is undertaken in ...
Stahl on Possession versus Property

Stahl on Possession versus Property

FROM PRIVATE LAW  BY FRIEDRICH JULIUS STAHL, PP. 83–93 Chapter Five: Possession §. 45. The Nature of Possession The factual situation of power over the thing, exercised with a view to property [in Eigenthumsabsicht] but without pr...
Thoughts on Sphere Sovereignty: A Critique of Harinck's Thesis

Thoughts on Sphere Sovereignty: A Critique of Harinck's Thesis

With regard to the question of the origin of the notion of sphere sovereignty: If it’s just a question of semantics, i.e., if the issue is the formal use of the word “sovereignty” in the phrase “sphere sovereignty”, then Kuyper is indeed its prima...