Adolfo Giuliani

Max Planck Institute for Legal History and Legal Theory

Research Fellow

Hansaallee 41

Frankfurt am Main, 60323

Germany

http://adolfogiuliani.com/

SCHOLARLY PAPERS

9

DOWNLOADS

637

SSRN CITATIONS

0

CROSSREF CITATIONS

0

Ideas:
“  Is the information-age changing the traditional ways of thinking about the legal past? My current research examines this question beginning from a broad historical-theoretical premise. Seen from a long-term perspective it is apparent that legal historiography recurrently changed its focus. An argument could be made that 19th century historiography, led by Savigny and his school, focused on texts. And the 20th century turned that legacy upside down with an uncompromising concern with language, best evidenced in L Wittgenstein’s work, and in its deep impact on understanding the (legal) past from H Kantorowicz to the Cambridge School up to ongoing linguistic concerns that have been animating large sectors of legal-historical research. It is the time to think about the place of legal history in the 21st century: are we legal historians silently shifting our research focus to information?  ”

Scholarly Papers (9)

1.

What is Comparative Legal History? Legal Historiography and the Revolt Against Formalism, 1930-60

Giuliani, A. (2019). "What is comparative legal history? Legal historiography and the revolt against formalism, 1930–60." in A Masferrer, KÅ Modéer, and O Moréteau (eds), Comparative legal history (Research Handbooks in Comparative Law series, E. Elgar Publishing, Cheltenham, UK, 2019), pp. 30-77.
Number of pages: 48 Posted: 13 Oct 2016 Last Revised: 02 Jul 2019
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 338 (109,955)

Abstract:

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comparative legal history, antiformalism, German historical school, interpretation, textualism, judge and historian

2.

The Western Legal Tradition and Soviet Russia. The Genesis of H. Berman’s Law and Revolution

V. Erkkilä and H.-P. Haferkamp (eds.), The Socialist Interpretations of Legal History. The Histories and Historians of Law and Justice in the Socialist Regimes of East Central Europe (Routledge), 2020, pp. 98-111
Number of pages: 18 Posted: 11 Aug 2020 Last Revised: 29 Mar 2021
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 76 (380,576)

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History of legal historiography, Western legal tradition, Harold Berman, Eugen Rosenstock-Huessy, Cold War, Natural rights history, Subjectives Recht

3.

After Comparative Legal History

Festschrift, 2020
Number of pages: 27 Posted: 28 Oct 2020 Last Revised: 29 Mar 2021
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 62 (424,256)

Abstract:

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comparative legal history, anti-formalism, law as information, information-age

4.

Civilian Treatises on Presumptions, 1580-1620

Giuliani, A. “Civilian treatises on presumptions, 1580-1620,” in R. Helmholz (ed.), The Law of Presumptions: Essays in Comparative Legal History (Comparative Studies in Continental & Anglo-American Legal History, Duncker & Humblot, Berlin, 2009), pp. 21-71
Number of pages: 28 Posted: 19 May 2016 Last Revised: 20 Jan 2017
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 48 (476,570)

Abstract:

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presumption, inference, evidence, legal reasoning, ius commune, judiciary

5.

From Presumption to Interpretation

Giuristi dell’Università di Perugia, F. Treggiari (ed.) (Rome, 2009), pp. 217-39
Number of pages: 17 Posted: 05 Oct 2016
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 35 (536,330)

Abstract:

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interpretation, presumption, law of contract

6.

Jurisdictional Complexity in the Ecclesiastical State. A Discussion on the Diversity of Laws in Legal Education and Legal Practice

Seán Donlan and Dirk Heirbaut (eds.), The Laws' Many Bodies: Studies in Legal Hybridity and Jurisdictional Complexity, c1600-1900 (Duncker und Humblot, Berlin, 2015)
Number of pages: 22 Posted: 25 Sep 2016
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 29 (569,035)

Abstract:

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multinormativity, sources of law, canon law, legal education, jurisdiction

7.

Bartolo senza Bartolismo (Bartolus without Bartolism)

Number of pages: 33 Posted: 24 Jul 2018 Last Revised: 11 Jan 2019
Adolfo Giuliani
Max Planck Institute for Legal History and Legal Theory
Downloads 26 (587,610)

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Bartholus, interpretation, bartolism, ius commune, medieval law

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moral theology, multinormativity, legal education, canon law, counterreformation

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legal history, legal process, scholasticism