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Customs and Municipal Law: The Symbolic Authority of the Past (Low Countries, 16th–17th Century)
Dutch Crossing ( IF 0.409 ) Pub Date : 2020-04-20 , DOI: 10.1080/03096564.2020.1754673
Dave De ruysscher 1, 2
Affiliation  

ABSTRACT

Over the past decades, legal historians have become more cautious when it comes to rules that in the Middle Ages and the early modern period were defined as ‘(old) customs’. Earlier optimistic appraisals as to the age of such rules have been challenged. This article argues that efforts of debunking should be combined with a more thorough analysis of the legal consciousness of past societies. It proposes to look at old municipal private law, not as a set of rules fixed by tradition, but rather as a malleable body of norms. The symbolic qualities of law were such that renewal and rephrasal could be combined with an ideology of conservation. It was perfectly possible for administrators to promote new rules as being a part of an ‘age-old law’ of the city or the land, without breaching the implicit conventions as to the qualities of law. However, as will be demonstrated further, there were limits to the agency of administrators in this regard. The codes as to the features of law marked boundaries that had to be taken seriously.



中文翻译:

海关和市政法:过去的象征性权威(低地国家,16-17 世纪)

摘要

在过去的几十年里,法律历史学家在谈到在中世纪和现代早期被定义为“(旧)习俗”的规则时变得更加谨慎。早先对此类规则年龄的乐观评估受到了挑战。本文认为,揭穿的努力应该与对过去社会的法律意识的更彻底的分析相结合。它建议不将旧的市政私法视为一套由传统固定的规则,而是将其视为可塑的规范体。法律的象征性品质使得更新和改写可以与保护意识形态相结合。管理人员完全有可能将新规则作为城市或土地“古老法律”的一部分来推广,而不会违反关于法律性质的隐含惯例。然而,正如将进一步表明的那样,行政管理机构在这方面受到限制。关于法律特征的法规标志着必须认真对待的界限。

更新日期:2020-04-20
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