The Historical Foundations of Grotius’ Analysis of Delict

Download or read book The Historical Foundations of Grotius’ Analysis of Delict written by Joe Sampson and published by Martinus Nijhoff Publishers. This book was released on 2017-11-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.