The Historical Foundations of Grotius’ Analysis of Delict ISBN: 9789004344372 Platform/Publisher: BRILL / Brill | Nijhoff Digital rights:Users: Unlimited; Printing: Unlimited; Download: Unlimited Subjects: Javanese language; Javanese language;
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.