Gábor Hamza, WEGE DER ENTWICKLUNG DES PRIVATRECHTS IN EUROPA Passau: Schenk Verlag (www.verlag-schenk.de), 2007. 259 pp. ISBN: 97803939337140. €29.
| Date | 01 January 2008 |
| Pages | 161-162 |
| DOI | 10.3366/E1364980908260221 |
| Published date | 01 January 2008 |
| Author | Paul du Plessis |
The historical development of the
Professor Hamza's book falls into the category of the grand narrative stressing historical continuity rather than regional diversity. It does not deal with particular rules of law or the philosophical influences on these rules. With that said, however, the subject-matter is of great interest to legal historians. What sets this book apart from others recounting the grand narrative of the historical development is its focus. The central topic is an investigation into the Roman-law foundations of private law in German-speaking countries and the influence of the Germanic legal family on the development of private law in central and eastern Europe. In the preface, the author explores the different methodologies which may be used to recount the history of private law in western Europe, with particular reference to the Zimmermannian method of diachronic legal comparison. Chapter 2 is divided into a number of sections. The first is largely concerned with modern attempts at the harmonisation of private law in western Europe and the role which legal history, especially Roman law, may play in this process. Section 2 deals with the origins of European private law. It discusses the fate of Roman law after the disintegration of the western Empire as well as the achievements of Justinian in the east. Section 3 deals with early medieval law, section 4 with Byzantine legal science and section 5 with the reception of Roman law in Italy prior to unification. Chapters 3-6 focus on the...
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