Laurens Winkel

Laurens Winkel
Erasmus University Rotterdam | EUR · Faculty of Law

Juris Doctor

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62
Publications
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Introduction
Skills and Expertise

Publications

Publications (62)
Article
With the help of some texts of Greek philosophers the ambivalent history of natural law philosophy is illustrated with its consequences for the rising notion of political theory and international law. Universalism and Stoic philosophy form the intellectual background for the rising Roman empire. Special attention is paid to the history of the textu...
Article
Full-text available
The aim of this paper is to investigate different meanings of the concept of natural law in the history of ideas since the early Greeks. Texts of Plato, Aristotle and the Stoics are briefly examined, followed by an analysis of some well-known texts of Roman law. Although natural law is generally-speaking linked with human equality, it appears from...
Chapter
Roman law in the form of the legislation of the emperor Justinian has been studied in Western Europe since the end of the eleventh century in Bologna. It has had enormous authority - mostly on an informal basis, but bolstered by a strong ideology. Since 1900, the year in which the German civil code came into force, hardly anywhere in Europe has it...
Chapter
1. Rechtsirrtum wurde im Privatrecht schon oft behandelt, auch von Theo Mayer-Maly 2, er beschäftigte sich daneben auch mit dem Rechtsirrtum in der Rechtsphilosophie3, im Arbeitsrecht4 und im Verkehrsrecht5. Es erschienen weiter in den letzten siebzig Jahren eine Vielzahl von Studien zum Rechtsirrtum im Strafrecht6. Rechtsirrtum im Völkerrecht blie...
Article
Erasmus is generally regarded as a model of tolerance and equanimity. As such, he very well could have an educational part to play in the ideology of equality and the non-discriminatory principle of our modern rule of law as embedded in Article 1 of the Dutch Constitution since 1983 which claims equality for all people on the Dutch territory. On th...
Chapter
Full-text available
Dealing with restitution of property rights in a context of transitional justice involves many dilemmas. In this book, some of these dilemmas are discussed in the context of restitution processes in the aftermath of WWII in France, the Netherlands, Austria, Germany and Belgium, in the years 1945-2005.The scope of this book is limited to the way the...
Article
Imposed protection can be traced in Roman law in several forms: the application of the criterion of good faith (bona fides) by the judge, especially in contractual relations. Outside this sphere a special legal remedy for the defendant was introduced through the exceptio doli, introduced in 69 BC. Imposed protection is also visible in early family...
Chapter
Full-text available
This chapter challenges the quoted statement of 1950 by showing not the similarities, but rather the differences between the approach in De iure praedae and in De iure belli ac pacis . It focuses on the systematic approach of legal matters which Grotius uses. After all, systematization is an important topic in the legal science of the sixteenth and...
Article
The important Austrian legal scholar and legal historian Theo Mayer-Maly (1931-2007) has gradually devoted more of his time to legal philosophy. His studies on mistake of law in past and present must have triggered him to do so. His position in legal philosophy is certainly influenced by natural law theories and phenomenology. Keywords: Obituary Th...
Article
A comparison between the Prolegomena of Chapter II of De iure praedae and the Prolegomena of De iure belli ac pacis leads to the conclusion that the ideas of Grotius on legal systematization have changed considerably between 1604 and 1625. Whereas Grotius starts in IPC with general principles with a rather unclear distinction between leges and regu...
Article
Two texts of Francisco de Vitoria, a 16th century theologian, on the emerging concept of just war on both sides give interesting information on a less known aspect of the contemporary controversy between the Emperor Charles V and the French King François I: the position of the Duchy of Burgundy. These texts also link elegantly the theory of interna...
Article
The possible precursors of the preliminary rulings according to § 234 of the Treaty of the European Union are examined with emphasis on the practice in the Imperial Chancery of the Roman Empire, on Einleitung § 47 of the Prussian Allgemeines Landrecht and on the French référé législatif.
Article
A survey is given of some problems related to the rescripts of the Roman emperors from 193-235 AD, especially concerning their role as 'precedent' for following cases. In the papyri we often find the word apokrima for an imperial legal decision in this period. This word does not have a clear meaning. Reference is made to the recent discussion on th...
Article
Introduction The role of Roman law in the development of international law has been appreciated in quite different ways. In some manuals, such as those by Nussbaum, Grewe and Truyol y Serra, this role has certainly been underestimated. Another position is defended by Ziegler: from his earlier publications until his recent general survey on the hist...
Chapter
Nach herrschender Lehre ist mandatum im klassischen römischen Privatrecht ein contrarius consensu, es ist unentgeltlich und frei widerruflich, es endet mit dem Tod des Auftraggebers und auch mit dem Tod des Beauftragten. Das Ziel des Mandats liegt immer in der Interessensphäre des Auftraggebers; im römischen Privatrecht gibt es nur indirekte Stellv...
Article
Summary in German. Thesis (doctoral)--Universiteit van Amsterdam, 1983. "Stellingen" ([1] leaf) inserted. Includes bibliographies and indexes. I. Rechtsdwaling in de Griekse filosofie en in het Romeinse recht tot Justinianus.

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