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...

How to understand this cornerstone of Western civilization Below are excerpts from three of my writings: A Common Law, Fountainhead of Liberalism,  and The Roman-Law Background of the Concept of Equity. They provide necessary context for understanding th...

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...

From System of the Modern Roman Law, translated by William Holloway, revised and corrected by Ruben Alvarado CHAPTER I. OBJECT OF THIS WORK. § 1. MODERN ROMAN LAW. The part of the science of law of which the exposition is undertaken in ...

FROM PRIVATE LAW  BY FRIEDRICH JULIUS STAHL, PP. 83–93 ☞ The distinction between possession and property is a crucial aspect of the process of differentiation by which societies develop. For a detailed explanation of this, follow thi...

Thomists asserted that the Decalogue expressed the essence of the natural law: Man in the natural state is fully able to perceive and follow the natural law, since he is a rational being created in the image of God. For this he needs no divine revelation....

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. Legal historian Donald Kelley argues that the ...

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...