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| John E. Ecklund |
According to the press,
In the preface, Ecklund explains:The Origins of Western Law from Athens to the Code Napoleon charts the horizon of Western legal origins. Eternal Platonic truths versus the Sophists of individual preferences, medieval Realists against Nominalists, natural lawyers of the 17th and later centuries, Montesquieu and other Enlightenment thinkers fighting through principles and personhood-these and many more figures and ideas come alive in this comprehensive survey of the antecedents of our modern legal system.
This book can be described as non-technical history of legal science. It centers on the recounting of a major and venerable debate--one which grew from the complex intricacies of social participation and philosophical argument in ancient Athens, became the stuff of legend in an elegant French code, and will continue beyond today into laws which must begin to reach into worlds still unknown to us. This theme is the great conflict between people who see law as tending to come from abstract principles that are necessarily right and people who see it as tending to come merely from the changing preferences of those in position to impose their will--preferences that are only preferences in a world in which nothing is necessarily right.From this excerpt (and Laura Kalman's Legal Realism at Yale and Robert Gordon's chapter in History of Yale Law School), I imagine that the volumes represent Ecklund's lifelong dialogue with his law professors, as well as a lifetime's accumulation of learning about the law.
Update: Dr. Ecklund describes her husband's writing and her editing of the book here.
The TOC appears after the jump.
Volume I
List of Illustrations
Editor’s Foreword
Preface
Part 1
Preliminary Reflections
Introduction
China
Israel
Law
as Principle, Law as Preference
Part 2
The Democratic Justice of Greece
Athens
Athenian Democracy
The Sophists and the Teaching of Advocacy:
Isocrates
The Philosophers and the High Road in the
Study of Law
Socrates
Plato
Aristotle
The
Hellenistic Period
Theophrastus
Epicureans,
Stoics, and Skeptics
Part 3
The Aristocratic Justice of Rome
Rome
Introduction
Legal
Science
The
Constitution of the Later Republic
Roman
Education
Rhetoric
and the Teaching of Advocacy
The
Jurisconsults and the Writing and Teaching of Law
The
Principate
Rhetoric
in the Principate: Teaching Advocacy as a State Responsibility
Quintilian and the Apex of Imperial
Rhetoric
The
Jurisconsults in the Principate
The
Law Schools in Rome
The
Academic Lawyer: Gaius
Papinian
and Ulpian
The
Dominate
The Constitution and Style of the
Dominate
The End of the Jurisconsults
Rhetoric in the Dominate
The Law School
at Berytus
Justinian,
the Digest, and the Institutes
Rome and the Philosophy
of Law
Introduction
Ius Gentium
Gaius and Ulpian
Cicero and the Stoics
Aristotle Redux
The
Legacy
Part 4
The Fall of the Roman Juridical System and
the Rise of the Roman Catholic Christian Church The Periods of Medieval History
The
End of Roman Government
The Early Roman Catholic Church as an Organization for the
Unification of Western Europe Under Law
The
“Constitution” of the Early Church
Jesus
Constantine
The
Donation of Constantine
The
Philosophy of the Church
The
Church, the Law, and Medieval Intellect
The
Church and Education; Tertullian and Jerome
The Organization and Operation of
the Church and Its Secular Role
Part 5
The Scandinavian Impact of Romanized Gaul
and England
The Southerly and Westerly Movement of the Nordic Peoples;
Their
Kingdoms
The
Celts
The Cimbri; Origin of the
Appellation “Gemanii”
The
Iron Ages
The
Early Migrations from Scandinavia
Bishop
Hincmar: Theocracy and the Pseudo-Isidore
Carolingian Heritage and the German
Expansion
The
Ottonian Revival
Part 6
Local Custom
Regulator of Society in Succession to Roman
Law
The
Development of Customary Local Law
Ancient Agriculture
The
Manorial System
Feudalism
Part 7
Advocacy’s
Revival of Learning
The
University and the Church
Roman
Catholicism as Rome’s
Trustee: The Carolingian Renaissance
Introduction
The Revival of Europe
Economic
Conditions
Population
Towns
Money
Mathematics
The Church
The
Legal Renaissance at Bologna
and the Birth
of the University
Part 8
Rapid
Expansion of the Academic Context
The Progress of Scholasticism and
Canon Law
Abelard
Gratian and the Canon
Law
Law Students at the University of Bologna
The Professors of Bologna
The University of Paris
The Other Medieval
Universities: Ecclesiastical Careers for Lawyers
Innocent III
The Mendicant Orders
Part 9
The
New Aristotle Meets the New Law of Thomas Aquinas
The Second Challenge from the
Ancient World: The New Aristotle
The Response to the Second Challenge
from the Ancient World:
Thomas Aquinas
Part 10
Against
the Pope
Kings,
Lawyers, Individualism
Royal National Government
The
Rise of France
and the Decline of the Church
The
New Philosophy and the End of the Middle Ages
Introduction: The Special Case of England
The
Commentators
Bartolus
The Practicing Lawyers and Their
Literature
The Rise of the French Crown: Effects
of the Papacy and the
Universities in the Fourteenth and
Fifteenth Centuries
Introduction
Growing Power of the Capetian Kings
987–1285
Philip the Fair and His Lawyers
Advocacy and Its Struggle with the
Papacy
The Concerns of the Lesser Royal
Lawyers
The Destruction of the Temporal
Power of the Papacy
The Rise of Secular Control of the
Universities
The End of the Middle Ages; William
of Ockham (1278–1347)
Volume II
Part 11
Humanistic Study of Roman Law in a Time of Scientific Expansion
Petrarch, His Successors, Montaigne
Western Europe
in the Modern Age to the Code Napoleon
Humanism
Petrarch
After Petrarch
Montaigne and the Revival of
Skepticism
Part 12
Reformation
and Counter Reformation
Individual
Conscience and the Response of Church and Crown
Reformation
Introduction
The Condition of the Church
Reformation; Erasmus
Luther
Calvin
The Catholic Reformation
Effects of the Reformation on Canon
Law and the Universities
Part 13
The
New Hinge Period
Geographical
Expansion, Capitalism, Scientific Revolution
Rise of the Merchants and Middle
Class; The New World; Capitalism
The Seventeenth Century and the
Scientific Revolution
Introduction
Copernicus
Stevinus
Galileo;
Kepler
Newton
Part 14
The
Seventeenth Century’s Encounter with Natural Law
Grotius,
Descartes, Hobbes, Pufendorf
The Mood of the Seventeenth Century
Secular Natural Law
The First Period
Grotius
Descartes
Hobbes
Pufendorf
Part 15
The
Expansion of Secular Natural Law in the Seventeenth and Eighteenth Centuries
Louis
XIV and Pascal
The Progress of Secular Natural Law
Overview
Louis XIV: Legislator and Legal
Educator
Life of Domat
Part 16
The
Second Period of Secular Natural Law
D’Aguesseau
and Pothier
The Progress of Secular Natural Law
Henri-François D’Aguesseau
Pothier
Part 17
Montesquieu
The Sociological Case for Governance by
Secular Natural Law
Montesquieu
Introduction
Early
Life
Les
lettres persanes
Travels,
1721–1731
The
History of the Romans
De
l’Esprit des lois
Death
of Montesquieu
Part 18
Beliefs and Institutions in Enlightenment,
Revolution, and Empire
The
Enlightenment
Introduction
The
Philosophes
The
Physiocrats
The
Avocats
The
Universities
Revolution
Part 19
The Nineteenth Century Intersection of
Re-emergence
Antiquity, Empire, and Advocacy
Portalis
and the Code Napoleon
Introduction
Young
Portalis
Portalis
at the Bar
Portalis
in the Revolution and Its Aftermath
The
Philosophy of Portalis
The
Concordat of 1801 Between France and the Pope
Portalis
and the Code Napoleon
Bibliography
Index
