Difference between revisions of "Civil Law in its Natural Order"
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===by Jean Domat=== | ===by Jean Domat=== | ||
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| − | Domat's ''Civil Law'' | + | [http://en.wikipedia.org/wiki/Jean_Domat Jean Domat] (1625-1696), one of the most celebrated jurists of Louis XIV’s reign,<ref>David Parker, "Sovereignty, Absolutism and the Function of the Law in Seventeenth-Century France," ''Past & Present'', 122, (Feb. 1989), 44.</ref> helped lay the foundations for French civil law.<ref>James Gordley, "The State's Private Law and Legal Academia," ''The American Journal of Comparative Law'', 56, no. 3 (2008), 645.</ref> His work, ''Lois Civiles dans leur Ordre Naturel'' (1689), proposes a fault-based model for liability that is grounded in the rational deduction of self-evident principles.<ref>Peter Stein, "The Attraction of Civil Law in Post-Revolutionary America," ''Virginia Law Review'', 52, no. 3 (1966), 406-7.</ref><br /> |
| + | <br /> | ||
| + | In ''Lois Civiles dans leur Ordre Naturel'', Domat set out to reorganize French customary law in a way that would be consistent with Cartesian thought while remaining grounded in both Christian morality and Roman law.<ref>William F. Church, "The Decline of the French Jurists as Political Theorists, 1660-1789," ''French Historical Studies'', 5, no. 1 (1967), 16.</ref> From this framework, Domat was able to establish his first premise—that social order and stability were essential to man—and from that premise he derived what he believed were the primary rules of society.<ref>Gerald A. Greenberger, "Lawyers Confront Centralized Government: Political Thought of Lawyers during the Reign of Louis XIV," ''The American Journal of Legal History'', 23, no. 2 (1979), 174.</ref> After initial publication in 1689, ''Lois Civiles dans leur Ordre Naturel'' was translated into English in 1722 as ''Civil Law in the Natural Order''. The title influenced civil law across the world and the 1722 translation proved to be influential in shaping the thoughts and opinions of founding fathers in America.<ref>Stein, “The Attraction of Civil Law in Post-Revolutionary America,” 406-7.</ref> | ||
==Bibliographic Information== | ==Bibliographic Information== | ||
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'''Published:''' London: Printed by J. Bettenham, for E. Bell, 1722. | '''Published:''' London: Printed by J. Bettenham, for E. Bell, 1722. | ||
| − | '''Edition:''' | + | '''Edition:''' 2 volumes. |
==Evidence for Inclusion in Wythe's Library== | ==Evidence for Inclusion in Wythe's Library== | ||
==Description of the Wolf Law Library's copy== | ==Description of the Wolf Law Library's copy== | ||
| − | Bound in contemporary calf with paneled boards, raised bands, and lettering pieces on the spine. Contains attractive woodcut head-pieces and tail-pieces and a full-page copperplate table of descents. | + | Bound in contemporary calf with paneled boards, raised bands, and lettering pieces on the spine. Contains attractive woodcut head-pieces and tail-pieces and a full-page copperplate table of descents.<br /> |
| + | <br /> | ||
| + | View this title in [https://catalog.swem.wm.edu/law/Record/3439235 William & Mary's online catalog]. | ||
===References=== | ===References=== | ||
Revision as of 11:32, 25 October 2013
by Jean Domat
Jean Domat (1625-1696), one of the most celebrated jurists of Louis XIV’s reign,[1] helped lay the foundations for French civil law.[2] His work, Lois Civiles dans leur Ordre Naturel (1689), proposes a fault-based model for liability that is grounded in the rational deduction of self-evident principles.[3]
In Lois Civiles dans leur Ordre Naturel, Domat set out to reorganize French customary law in a way that would be consistent with Cartesian thought while remaining grounded in both Christian morality and Roman law.[4] From this framework, Domat was able to establish his first premise—that social order and stability were essential to man—and from that premise he derived what he believed were the primary rules of society.[5] After initial publication in 1689, Lois Civiles dans leur Ordre Naturel was translated into English in 1722 as Civil Law in the Natural Order. The title influenced civil law across the world and the 1722 translation proved to be influential in shaping the thoughts and opinions of founding fathers in America.[6]
Bibliographic Information
Author: Jean Domat
Title: The Civil Law in its Natural Order: Together with the Public Law
Published: London: Printed by J. Bettenham, for E. Bell, 1722.
Edition: 2 volumes.
Evidence for Inclusion in Wythe's Library
Description of the Wolf Law Library's copy
Bound in contemporary calf with paneled boards, raised bands, and lettering pieces on the spine. Contains attractive woodcut head-pieces and tail-pieces and a full-page copperplate table of descents.
View this title in William & Mary's online catalog.
References
- ↑ David Parker, "Sovereignty, Absolutism and the Function of the Law in Seventeenth-Century France," Past & Present, 122, (Feb. 1989), 44.
- ↑ James Gordley, "The State's Private Law and Legal Academia," The American Journal of Comparative Law, 56, no. 3 (2008), 645.
- ↑ Peter Stein, "The Attraction of Civil Law in Post-Revolutionary America," Virginia Law Review, 52, no. 3 (1966), 406-7.
- ↑ William F. Church, "The Decline of the French Jurists as Political Theorists, 1660-1789," French Historical Studies, 5, no. 1 (1967), 16.
- ↑ Gerald A. Greenberger, "Lawyers Confront Centralized Government: Political Thought of Lawyers during the Reign of Louis XIV," The American Journal of Legal History, 23, no. 2 (1979), 174.
- ↑ Stein, “The Attraction of Civil Law in Post-Revolutionary America,” 406-7.
