The Law's BeginningsFerdinand Joseph Maria Feldbrugge Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law's beginnings have survived in some cases. In this book, scholars from various disciplines-linguists, lawyers, historians, anthropologists-present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained. |
Contents
INCIPIENT LAW ASPECTS OF LEGAL PHILOSOPHY | 1 |
JUSTICE AND WRITTEN LAWS IN THE FORMATION OF THE POLIS 2343 | 23 |
Auctoritas tutoris 4558 | 45 |
AN EMERGING LEGAL SYSTEM IN AN EMBRYONIC STATE | 59 |
THE Lex Frisionum THE GENESIS OF A LEGALIZED LIFE 7792 | 77 |
THE EARLIEST LAW OF RUSSIA AND ITS SOURCES 93113 | 93 |
GLIMPSES OF INDOEUROPEAN LAW 115136 | 115 |
BEFORE HAMMURABI OF BABYLON | 137 |
ASPECTS OF LAW AND ORDER IN EARLY STATE SOCIETIES 161179 | 161 |
A NEW BEGINNING OF LAW AMONG INDIGENOUS PEOPLES | 181 |
LAWS BEGINNING 221253 | 221 |
LAWS BEGINNINGS SOME CONCLUDING OBSERVATIONS 255280 | 255 |
F Feldbrugge | 271 |
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Common terms and phrases
administration Algra n.2 ancient archaic asega Athens auctoritas authority Binchy Bolivia brahmins Buganda codification common concept constitutional contract court cultures custom customary law Dahomey decision dharma-sutras dispute documents early law Ecuador Ehrlich existence Expanded Pravda formal Frisian Germanic Greek grivna H.J.M. Claessen Hittite Laws Hölkeskamp Iaroslav Incas indigenous law Indo-European Irish ISBN 90 judges judicial justice Kievan king kudurrus land later law's beginning Legal Pluralism legal system legislation Leiden Lex Frisionum living law mancipatio marriage means medieval Mesopotamia norms Novgorod Novgorod Chronicle official Old Frisian Oldest Pravda origin pater familias person polis political Primary Chronicle procedure Proto-Indo-European punishment question recht records refer regulations role Roman royal ruler rules Russian Russkaia Pravda Sámi sense Short Pravda social society Solon sources specific term texts tion traditional treaties tribal túath usus varna wergeld written