Fran Ois Hotman Antitribonian

Written c. 1567 (though unpublished until 1603), this is the work of an extraordinary scholar, a radical and polemicist, rival of many of the leading intellectual and political figures of his day. According to François Hotman’s distinguished biographer Donald Kelley the Antitribonian ‘is, or should be, a landmark in the history of social and historical thought’. It is also a landmark in the history of legal thought. The present edition is the first to evaluate Hotman’s text in the context of the history of Roman law from the time of the sixth-century Byzantine Emperor Justinian I to the Germany of the Enlightenment.

The lifetime of Francois Hotman (1524-1590) was one of the most tumultuous periods in European history. Donald R. Kelley shows how this protégé of Calvin and agent of many of the great Protestant princes became involved in ecclesiastical politics, Huguenot diplomacy, and conspiracy. One of the first modern revolutionaries, Hotman rebelled not only against his family and its faith, but against the laws and eventually the government of his country. As an embittered exile lie produced a voluminous body of propaganda aimed at recovering a lost political and religious innocence on which to found a new community. At the same time he was one of the greatest and most versatile scholars of his age, achieving distinction as a jurist, teacher, classical scholar, dialectician, theologian, and historian. His Franco-Giallia and Anti-Tribonian have fascinated generations of political theorists, and his letters, reports, and anonymous works are of inestimable value to historians. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Tracing the origins of modern political thought through three sets of arguments over history, morality, and freedom In this wide-ranging work, Michael Sonenscher traces the origins of modern political thought and ideologies to a question, raised by Immanuel Kant, about what is involved in comparing individual human lives to the whole of human history. How can we compare them, or understand the results of the comparison? Kant’s question injected a new, future-oriented dimension into existing discussions of prevailing norms, challenging their orientation toward the past. This reversal made Kant’s question a bridge between three successive sets of arguments: between the supporters of the ancients and moderns, the classics and romantics, and the Romans and the Germans. Sonenscher argues that the genealogy of modern political ideologies—from liberalism to nationalism to communism—can be connected to the resulting discussions of time, history, and values, mainly in France but also in Germany, Switzerland, and Britain, in the period straddling the French and Industrial revolutions. What is the genuinely human content of human history? Everything begins somewhere—democracy with the Greeks, or the idea of a res publica with the Romans—but these local arrangements have become vectors of values that are, apparently, universal. The intellectual upheaval that Sonenscher describes involved a struggle to close the gap, highlighted by Kant, between individual lives and human history. After Kant is an examination of that struggle’s enduring impact on the history and the historiography of political thought.

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.