Skip to Content

CLITAU, THOMAS.

Overeensstemmelse og Forskiæl imellem den Romerske og Danske Ræt. - [FIRST DANISH WORK ON ROMAN LAW]

Herman H. J. Lynge & Søn A/S
lyn62252
Kjøbenhavn, Groth, 1736. 4to. In contemporary half calf with three raised bands. Binding with wear and small paper-label pasted on to top of spine. A few leaves brownspotted but internally generally nice and clean. (8), 8, 677, (48) pp. + frontispiece and 1 folded table (included in the pagination).

The rare first edition of Clitau’s seminal work, being the work Danish work on Roman Law - Both in content and in timing, the work marks a turning point in Danish legal scholarship. Clitau here compared Roman and Danish law and extended his analysis to include Lübeck law, public law, feudal law, as well as German, Saxon, and natural law (ius naturae), along with criminal law. His book continued the scholarly project initiated by Weghorst and stands as the first comprehensive work of comparative law in Denmark that systematically engaged with Danish legal tradition. He argued that the Institutiones framework was the most suitable method for organizing legal knowledge. Nonetheless, he explained that he had chosen not to interpret Roman law through Danish law or vice versa. Had he taken Danish law as the foundation, he contended, substantial parts of Roman jurisprudence — such as theories of legal interpretation, legal taxonomy, and general personal rights — would have been excluded, as Danish law lacked direct equivalents. Conversely, he saw little value in including uniquely Danish legal provisions (e.g., those concerning hunting rights or the status of peasants) where no Roman parallels existed. In such cases, he remarked, he would have been limited to merely citing “the bare words of the law, which any reader can find in the Danish Law Book”—an exercise, he argued, of little scholarly use. This admission reflects not only Clitau’s ambivalence toward explicating native law, but also a broader misconception of the time—namely, the belief that the clear language of Danske Lov required no interpretation. Clitau's methodological innovation lay in his reorganization of the Corpus Juris Civilis according to the tripartite division of Personae, Res, and Actiones. He systematically arranged all legal material found in the Digest and Pandects under these headings—an approach that, as far as we know, was unprecedented. (see Björne, PATRIOTER OCH INSTITUTIONALISTER, rättsvetenskapens historia)Biblioteca Danica I, 650
Address:
Silkegade 11
DK-1113 Copenhagen
Denmark
Phone:
CVR/VAT:
DK 16 89 50 16

Recently Added From Herman H. J. Lynge & Søn A/S

Anmärkiningar Om biåsestenen. (In:
More Photos
BERGIUS, PETER JONAS
Herman H. J. Lynge & Søn A/S
lyn62692
(Stockholm, 1777). 8vo. As extracted from "Kungl. Svenska vetenskapsakademiens handlingar", uncut unopened. Fine and clean. Pp. 304-309.
Defensio regia pro Carolo I. Ad Sereniss. Magnae…
More Photos
SAUMAISE; CLAUDE.
Herman H. J. Lynge & Søn A/S
lyn62707
(Leiden, Netherlands), Sumptibus Regiis, 1649. 12mo. In contemporary full calf with four raise bands and richly gilt spine. Edges of boards gilt. Previous owner's name to title-page. Worm-tract throughout, otherwise internally nice and clean. 444 pp.
Pierre Simon Laplace 1749-1827. A Determined…
More Photos
HAHN, ROGER.
Herman H. J. Lynge & Søn A/S
lyn62703
Cambridge (MA), Harvard University Press, 2005. 8vo. In the original full cloth publisher's binding with title to spine. With the original dust jacket. Ownership signature to inside of front board. Internally clean. X, (1), 310 pp.
Medicinische und philosophische Schrifften von…
More Photos
ALBERTI, MICHAEL.
Herman H. J. Lynge & Søn A/S
lyn62695
Halle im Magdeburgischen, Hendel, 1721. 8vo. In contemporary full calf with four raise bands and richly gilt spine. Traces from old paper-label to upper part of spine. Leather on spine cracked, spine-ends slightly chipped. Internally nice and clean. (14), 620, (28) pp. First collected edition of Alberti’s essays. Alberti (1682–1757), professor of medicine and philosophy at Halle and later rector of the university, was a leading disciple of Georg Ernst Stahl who considered the soul as having control on the body. Therapies involved dealing with the internal senses and feelings.
More info
Tale i Anledning af hans Kongelige Høihed…
More Photos
BUGGE, THOMAS.
Herman H. J. Lynge & Søn A/S
lyn62706
Kiøbenhavn, Møller, (1774). 8vo. In contemporary full sprinkled calf with five raised bands and gilt ornamentation to spine. Edges of boards gilt. All edges coloured in red. Old paper-label pasted on to top of spine. Head of spine chipped. Internally very nice and clean, printed on good paper. 24 pp.
O Capital. (i.e. Portuguese:
More Photos
MARX, CARLOS [KARL] (+) GABRIELLE DEVILLE (+) [Translator:] ALBANO DE MORAES.
Herman H. J. Lynge & Søn A/S
lyn62679
Lisboa, De Francisco Luiz Goncalves, 1912. 8vo. In the original red printed cloth-binding with black and white lettering. Spine with loss of the white lettering. Paper-label pasted on to lower inner margin of front board. Very light wear to extremities, Internally very fine and clean. 240 pp. The exceedingly scarce first Portuguese edition of the most important abridged version of Marx's Capital ever to have appeared, published fifty-six years before the first full Portuguese (but published in Brazil) translation and whole sixy-two years before the first full translation published in Portugal. Curiously, two translations of the present work were made 1912 but the present translation seems to have priority (see Bastien, "Readings and Translations of Karl Marx in Portugal"). After the 1933 rise of Salazar's dictatorial Estado Novo regime, suppression of the relatively newly founded Communist party grew. Members were arrested, tortured, and executed and many were sent to the Tarrafal concentration camp in the Cape Verde Islands. Communist literature suffered an equally repressive fate, hence the rarity of the present work. Marxism and especially Marxist writing caught on comparatively late in Portugal: "As for the Socialist Party - supposed to be the main expression of Marxism -, it revealed itself unable to stimulate effective theoretical and doctrinal efforts. Its existence was an example of ambiguity and inconsequence. Its political programme went on mixing Marxian elements, associationist tradition and positivist thinking. Its strategy balanced continuously between an alliance with republican politicians and the maintenance of political autonomy. Its tatics balanced between electoral abstencionism and an involvement in election processes, that never led it to a relevant position in parliament. Even its international relations showed a lasting ambiguity: it had been created according to the instructions of the Marxist majority at the Hague Congress, when most of its members tended to support political abstencionism. When the formation of the Second lnternacional was taking place in Paris in 1889 Portuguese socialists tried to join the Marxist congress, after being present at the possibilist congress. In 1920 they decided to join the Third lnternacional (what was not accomplished), at the same time that an internal reformist turn was taking place." (Bastien, "Readings and Translations of Karl Marx in Portugal"). "The epitome, here translated, was published in Paris, in 1883, by Gabriel Deville, possibly the most brilliant writer among the French Marxians. It is the most successful attempt yet made to popularize Marx's scientific economics. It is by no means free from difficulties, for the subject is essentially a complex and difficult subject, but there are no difficulties that reasonable attention and patience will not enable the average reader to overcome. There is no attempt at originality. The very words in most cases are Marx's own words, and Capital is followed so closely that the first twenty-five chapters correspond in subject and treatment with the first twenty-five chapters of Capital. Chapter XXVI corresponds in the main with Chapter XXVI of Capital, but also contains portions of chapter XXX. The last three chapters-XXVII, XXVIII, and XXIX-correspond to the last three chapters-XXXI, XXXII, and XXXIII-of Capital." (ROBERT RIVES LA MONTE, Intruductory Note to the 1899 English translation). Capital de Marx also had a Portuguese edition at this time, or better, two different editions, both in 1912, but only in translation of the survey of Book I published in France by Gabriel Deville in 1883 (Marx, 1912a and Marx, 1912b). This version omitted material dealt with in at least four chapters of the original text and was not particularly appreciated by Engels. It was a simplified text, aimed at supporting the training of socialist militants and that made it possible for them to have access, indirect, to the work of Marx. The other summaries and anthologies of Capital, which, with a purpose similar to that of Deville, circulated in Europe during this period or ignored in Portugal, as was the case with Carlo Cafiero, or were only occasionally mentioned, as was the case with Paul Lafargue and Karl Kautsky, in its French versions. OCLC list two copies, both in the US.
More info