This book presents a comprehensive exploration of historical perspectives on justice, equity, and equality, which have been, and still are, considered as the core political values of any balanced political system.
This book presents a comprehensive exploration of historical perspectives on justice, equity, and equality, which have been, and still are, considered as the core political values of any balanced political system. Combining historical methodology with wider philosophical and ethical insights, the volume offers a unique contribution to the fields of legal history, legal heritage, and legal culture. Bringing together scholars who specialise in different historical periods, the book covers a variety of concepts and practices, but also identifies some universal ideas about justice, equity, and equality that have been stimulating the development of the European political and legal tradition throughout the ages. In this way, it provides a multidisciplinary approach that advances the field of legal studies. By bridging the disciplines of history, law, and philosophy, the book demonstrates the interconnectedness of these fields and highlights how historical legal concepts can inform contemporary discussions. As such, it will be a valuable resource for academics and researchers working in these and related areas.
Arvustused
"This edited volume illuminates the intricate ties between justice, equity, and equality by exploring historical contexts and developments. Through the lens of practical wisdom, the book challenges modern legal perspectives, inviting readers to reframe todays law based on experience of the past. Its concise, insightful analysis challenges readers to reimagine the concepts of justice and equity in todays globalized society. By tracing the roots of justice, equity, and equality, this book blends progressive methodological perspectives with insightful reflections on the cultural determination of law and justice.
Soren Koch, University of Bergen
"An illusive concept illuminated by an impressive array of specialists"
James Gordley, Tulane Law School
Introduction: Kaleidoscope;
1. The Historians Craft and Ethical Values.
A Lesson from Aristotle;
2. Justice as an Empty Principle in
Post-Structuralist Legal Thought: Towards Neohistorical Jurisprudence?; Part
1: Law & Justice;
Chapter 3 The Concept of Justice in Polish Municipal Law in
the 16th-18th Centuries;
Chapter 4 Good Morals as the Yardstick of Cartels'
Validity in Hungarian Private Law at the Turn of the 20th Century; Part 2:
Law & Equity;
5. Legitimacy and Equity in the 11th century? Age-old Messages
from Susali;
6. Visions of Equity;
7. The Concept of Equity in Austrian
Private Law from the Origins of the Austrian General Civil Code (ABGB) to the
Present Day; Part 3: Law & Equality;
8. Liberty and Inequality in Cicero's
Oratio pro Sestio;
9. Equity and Equality in Richard Francis Maxims of
Equity
Iwona Barwicka-Tylek (Jagiellonian University in Krakow, Poland) is an associate professor in the Chair of the History of Political and Legal Doctrines. Her main academic interests include the evolution of fundamental ethical concepts (freedom, justice), in Western and Central European culture, with a particular focus on the Aristotelian heritage.
Jan Halberda (Jagiellonian University in Krakow, Poland) is an associate professor in the Chair of General History of the State and Law. His recent research was conducted as a visiting researcher at Yale Law School (Spring Term 2024). He is an attorney-at-law and an expert witness (in the field of foreign law common law jurisdictions).
Maciej Mikua (Jagiellonian University in Krakow, Poland) is a professor at the Jagiellonian University, author and editor of several monographs on late medieval law in Central Europe. He is also a principal investigator of numerous projects, including IURA. Sources of Law of the Past (https://iura .uj .edu .pl).
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