Kloof Booksellers & Scientia Verlag

ISBN 9783511017002

Uitgever Aalen : Scientia Verlag,1966. 2 Volumes. Orig. cloth bindings. xxix,234,588; xx,795 pp. 30 cm. Facsimile of the Basileae, : per Ioannem Heruagium 1559-edition. Conditie: nieuw

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Extra informatie - Contents : Tome 1 : Annotationes in Primum librum Pandectarum; Elementaria introductio ad studium iuris & aequitatis; Topica legalis; Formula libelli; Formula investigandæ actionis; De probationibus dictorum & factorum; Enchiridion exceptionum forensium; Progymnasmata fori; Formula antiquitatiae; Deusucapionibus; De iure singulari; De sententia & re iudicare; Assertio iuris; Tome 2 : Classis prima. De postulatione edicti, quod quisq; iuris; Classis secunda, De iure possessionis persequendo; Classis tertia, De dominijs, & quasi dominijs,& iuribus rerum quarumlibet persequendis; Classis quarta, Deactionibus ex contractibus,& quasi ex contractibus, nominatis & innominatis; Classis quinta, Deactionibus per quas ultima voluntas ex bono conseruatur; Classis sexta, De perfecutionibus revocatorijs, & damnorum iniuria datorum; Classis feptima, Quot modis maleficia in iudicium deferri possint; Tabula actionum cotidianarum; De sponsalibus; Miscellanea. Johann Oldendorp (±1487-1567) was a German jurist and reformer. Until his death, Oldendorp published writings on topics ranging from legal philosophy to state and social theory, legal history, legal commentary and the treatment of specific legal cases. His treatises were practice-oriented and often written with didactic intentions and showed a clear departure from the stilted style of legal literature of his time. The core of his legal philosophy is the doctrine that all human law is changeable, while divine and natural law is constant. Johann Oldendorp (1488-1567), German jurist and reformer, was professor of law in Greifswald, Frankfurt/Oder, Rostock, Cologne & Marburg. Up until his death, Oldendorp published writings on topics ranging from legal philosophy to political and social theory to legal history. He commented on laws and assessed legal cases in concrete terms. His treatises were practice-oriented and often written for legal didactics. The systematic regulatory framework and its epistemological explanations were a clear departure from the "stilted" style of legal literature of his time. The core of his legal philosophy is the doctrine that all human law is changeable, while divine and natural law is constant. With his main work 'Iuris naturalis gentium et civilis isagoge' from 1539, he is considered one of the early representatives of "classical natural law". He can be also seen as a forerunner of the law of reason born of natural law, as by Franz Wieacker, who places Oldendorp's roots in Renaissance humanism and the Lutheran Reformation alike. In the context of his epistemological treatises, Oldendorp raises the question of the relationship between law and equity (aequitas). Detached from the scholasticism, which was much discussed at the time, Oldendorp examines the origin of law in his main work and comes across the ‘ius naturale’ as the law of natural reason, which would remain valid regardless of the fall of man, and the ancient Roman ‘ius civile’ (customary law, which derives from the custom of the fathers). and putted the stamp of changeable provisionality on it. In his work 'Wat billich unrecht ys, eyne korte erklaring, allen stenden denstlick', written in Low German, Oldendorp dealt - based on the Aristotelian theory of equity - with the relationship between equity and justice. In doing so, he allocates the place of (changeable) justice to secular law, ‘ius strictum’. He assigns (constant) equity to divine law, the ‘ius divinum’. Since equity not only serves “God's word and will”, but also the “common good”, this culminates in the disclosure of the nature of the laws to be enforced, in which the ideas would have to be reflected. Which must therefore be fair, because not every situation can be regulated in individual cases. To this end, Oldendorp draws together natural law and concrete (historical) law (justice of positivity'). In this reprinted 1559 edition Oldenburg has edited, corrected and revised his earlier works :