The historical foundations of Grotius' analysis of delict / / by Joe Sampson.

• Superior document: Legal History Library, Volume 24
• VerfasserIn: Sampson, Joe,
• Place / Publishing House: Leiden, Netherlands ;, New York, New York : : Brill Nijhoff,, 2018.; ©2018
• Year of Publication: 2018
• Language: English
• Series: Legal history library ; Volume 24.; Legal history library. Studies in the history of private law ; Volume 13.
• Physical Description: 1 online resource (258 pages).
• Notes: Includes index.

The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.

Table of Contents

Introduction -- The Place of Grotius in European Private Law -- Grotius’ Formulation of Delict -- The Civil Law -- The Roman Law of Delicts -- Delict in the Middle Ages -- Delict in the Sixteenth Century -- Grotius’ Thomist Sources -- The Foundations of Thomism -- ‘Delict’ in the Summa Theologiae -- The Mechanics of Restitutio -- Sins, Wrongs and Rights -- Roman Law and Thomism -- Conclusion -- The Historical Foundations of Grotius’ Analysis of Delict.