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Abstrak :
In Law, order and freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

Abstrak :
Dalil Exceptio Non Adimpleti Contractus merupakan dalil pembelaan debitur yang didalilkan wanprestasi oleh kreditur dengan dasar kreditur juga dianggap telah lalai menjalankan kewajibannya. Skripsi ini membahas dan menjelaskan bagaimana sejarah hukum dari dalil tersebut dan perbandingan peraturannya antara negara Indonesia dan negara Belanda serta penerapannya saat ini di Indonesia. Penelitian ini merupakan penelitian yuridis-normatif menggunakan data sekunder. Hasil penelitian menunjukkan bahwa dalil tersebut ditemukan oleh Romawi dan dikembangkan oleh Canonist, serta pada zaman Hukum Perancis dan Hukum Belanda dalil ini sudah diatur didalam aturan yang berlaku saat itu. Dalam penerapannya saat ini, Indonesia masih menerapkan dalil tersebut sebagai suatu dasar hukum berupa yurisprudensi, namun tidak diatur lebih jelas selain diatur di dalam Pasal 1478 KUHPerdata. ......Exceptio Non Adimpleti Contractus is a defense argument that argued by the debtor who is declared by the creditor that they have breach the contract, assuming that the creditor is also absentminded. This thesis discuss about the legal history of the defense argument, its regulation comparison between Indonesia and Netherland and its current application in Indonesia. This research method is the normative-juridical using secondary data. The results shows that the argument was discovered by the Romans and developed by the Canonists, in the days of French and Dutch law this argument has been applied in their regulations. In practice today, the argument is still applicable in Indonesia as a legal basis in the form of jurisprudence, but it is only regulated in the Article 1478 of the Civil Code.

Abstrak :
This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Abstrak :
At the end of world war II the allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of genocide and crimes against humanity had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The answer to this triple conundrum was the application of historical reasoning to legal procedure. In the Nuremberg trials held between 1945 and 1949, a concerted effort was made to punish key perpetrators while at the same time analysing the Nazi state and recounting German history. Building on a long debate about Germanys divergence from a presumed Western path of development, Allied prosecutors sketched out how Germany had betrayed the Western model. The prosecutors laid out how private enterprise, academic science, the military, and the civil service, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitlers rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist against the backdrop of the Cold War: although Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal explores this process and sheds light on how history underpins transitional trials as we encounter them in todays courtrooms from Arusha to The Hague.