Jump to ContentJump to Main Navigation
Roman Law, Contemporary Law, European LawThe Civilian Tradition Today$
Users without a subscription are not able to see the full content.

Reinhard Zimmermann

Print publication date: 2001

Print ISBN-13: 9780198299134

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198299134.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 June 2019

Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

Chapter:
(p.107) Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations
Source:
Roman Law, Contemporary Law, European Law
Author(s):

REINHARD ZIMMERMANN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299134.003.0004

This lecture presents a number of examples that highlight the intellectual link between legal history and comparative law. In addition, nearly all these examples emphasise connections existing between civil law and common law. They are intended to demonstrate that there is no wall of incomprehension, except in the minds of lawyers still imbued by ‘the nationalist historiography that originated in the 19th century’. The lecture also discusses historical scholarship and the new ius commune, legal history as a means of understanding the present state of modern private law, the development of legal ideas by way of generalisation, lessons from mixed legal systems, European legal systems as mixed legal systems, the trust (a common law peculiarity?), good faith (a civilian peculiarity?) and legal methodology (judicial precedents, statute interpretation).

Keywords:   Europe, legal history, civil law, common law, historical scholarship, mixed legal systems, Roman law, good faith, comparative law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .