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Bonfante, Vacca, Ankum: acquisition of ownership of res mancipi abandoned by their owner, Pomp. D. 41,7,5pr. The Legal History Review (IF 0.3) Pub Date : 2024-08-20 Jeroen M.J. Chorus
Summary Pomponius, Digest 41,7,5pr., presents many difficulties. It holds, inter alia, that if the possessor of a thing abandoned by its owner, did not have that thing in bonis, the person who bought it from him, knowing that it had been abandoned, will usucapt it. But this seems to conflict with § 1, asserting that the acquirer of an abandoned thing becomes its dominus at once, without usucapio. Bonfante
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Donationem non facit? Donations to people in potestate of the donor in Roman law The Legal History Review (IF 0.3) Pub Date : 2024-08-20 Daniele Curir
Summary The paper focuses on the phenomenon of donation to people in potestate of the donor. Even though this kind of donation was an old practice in Roman society, classical jurisprudence considered it void due to the lack of legal capacity of the people alieni iuris. However, we can see that beginning from the Severian age, the jurists and then the imperial chancery gradually stated the validity
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Is legal history just writing a text? The Legal History Review (IF 0.3) Pub Date : 2024-08-20 Boudewijn Sirks
Summary The question, what constitutes the methodology of the legal history research, is answered in different ways. One is that it is the same as for general history: writing on history according to a set of rules which constitute its methodology, because in the end all research on history is just creating a text. It follows from this that legal history is a variation of history and belongs to history
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The issue of sexuality in Italian penitentiary law: a 1930s debate between international influences and fascist prison policies The Legal History Review (IF 0.3) Pub Date : 2024-08-20 Gianmarco Palmieri
Summary This article delves into a crucial yet understudied aspect of Italian penitentiary history during the 1930s: the intricate interplay between international influences and the development of fascist prison policies with regard to issues of sexuality. Drawing from a rich archive of legislative documents, contemporary publications, and historical accounts, this study examines the emergence of a
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Private legal practice and public authority in early Venetian Ithaca: thirteen new notarial documents (1575–1599) The Legal History Review (IF 0.3) Pub Date : 2024-08-20 K. Nikias
Summary The Greek notarial documents produced in the centuries after the fall of Byzantine rule are important sources for retracing the development of private legal practices under the influence of the different administrative and legal orders which came to rule the Greek-speaking territories. In the vast areas which came under Venetian control, the system of private transactions was conditioned by
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‘Scriptura recepta et usitata’: The impact of the Lex citandi on Justinian’s Digest The Legal History Review (IF 0.3) Pub Date : 2024-08-20 W.J. Zwalve
Summary It is generally taken for granted that the 426 Law of Citations (Lex citandi) of the emperor Valentinian III had no impact on the composition of Justinian’s Digest and that it had already been repealed on 15 December 530 with the promulgation of Const. Deo auctore, announcing the composition of the Digest. In this article it is contended that the Lex citandi was only repealed on 16 December
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L’élaboration d’une normativité en droit des gens: le recours au discours historique dans le De legationibus d’Alberico Gentili The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Emilie Colpaint
Summary The development of normativity in international law: the use of historical discourse in Alberico Gentili’s De legationibus. – The aim of this article is to examine the sources used and the method employed by Alberico Gentili in his De legationibus, to elaborate a norm for the law of embassies. Although legal sources feature prominently in this treatise, the majority of them are derived from
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The legal personality of foreign states in civil law: l’affaire Zappa and the bequest of the Marquise du Plessis-Bellière The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Laurens van Apeldoorn
Summary This article traces the doctrinal debate on the civil legal personality of foreign states occasioned by two famous legal cases during the closing decade of the nineteenth century: the protracted conflict between Greece and Romania following Evangelis Zappa’s bequest of immovable property located in Romania to the Greek state for the purpose of resurrecting the Olympic Games, and the contested
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Modest building blocks: The state of the art of monopoly thinking at the turn of the Middle Ages and the Early Modern Period in the works of lawyers and theologians The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Wout Vandermeulen
Summary This article seeks to contribute to the growing current of legal historical literature on early modern commercial law. It examines the topic of monopolies and their prohibition in the Codex of Justinian (C. 4,59,2). Its purpose is to explore one aspect of the renewed interest in the topic among lawyers and theologians in the early 16th century, when trading corporations and authorities worldly
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Origen de la teoría sobre la Paráfrasis del Pseudo-Teófilo The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Fernando Reinoso-Barbero
Summary Origin of the theory about the Pseudo-Theophilus’ Paraphrase. – The sudden and abrupt change in Contardo Ferrini’s stance towards Theophilus, is attributed here to the misinterpretation of a letter sent to him by Zachariä von Lingenthal on January 31, 1884, just as his magnificent edition of the Paraphrase was on the brink of publication. This circumstance compels him to hastily modify and
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Testamentary law in late Medieval Dubrovnik: A case study of the testament of notary Thomasinus de Savere (1284) The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Henrik-Riko Held
Summary This paper explores testamentary law in late medieval Dubrovnik (Ragusa) by analysing the testaments made by notary Thomasinus de Savere, working at Dubrovnik, 1277–1286. De Savere was an educated notary, originating from Reggio Emilia in Italy. He greatly contributed to the spread of doctrinal elements of ius commune in Dubrovnik. In determining the reach of his influence on testamentary law
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Testamentary practices and village courts in the Bailiwick of ’s-Hertogenbosch (c. 1470-1550) The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Mark Vermeer
Summary This paper discusses the origin, function and uses of schepentestamenten, acts of last will registered before municipal courts of aldermen. From the second half of the fifteenth century, peasants and townsmen found recourse to these courts for the registration of acts of last will. At first these acts were primarily contracts among spouses mutually conveying to each other the property upon
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Zur Entmündigung wegen Wahnsinn und Verschwendung im römischen Recht The Legal History Review (IF 0.3) Pub Date : 2023-12-22 Christine Lehne-Gstreinthaler
Summary This article is devoted to the incapacitation procedure for insane and profligate persons in Roman law. On the basis of literary and legal sources, an attempt is made to explain the incapacitation procedure in more detail. Special attention is given to the concept of interdiction and the question of involvement of physicians in such proceedings.
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« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvi e siècle The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Marie-Sophie Silan
Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’
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Beschuldigd van intrafamiliaal geweld voor het Hof van Assisen van het Scheldedepartement / de provincie Oost-Vlaanderen, 1811–1867 The Legal History Review (IF 0.3) Pub Date : 2023-08-25 J. Monballyu
Summary Accused of domestic violence before the Assize Court of the Scheldt Department / Province of East Flanders, 1811-1867. – Studying the criminal prosecution of intrafamily violence in the Scheldt department / province of East Flanders between 1811 and 1867 is only possible by consulting the archives of the Assize Court of that region. Because this Assize Court only dealt with the most serious
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Chirographs in Roman law: constitutive or evidential? The Legal History Review (IF 0.3) Pub Date : 2023-08-25 A.J.B. Sirks
Summary It has recently been sustained that chirographs had only evidential value and no constitutive effect in classical Roman law. That is correct regarding their origin in Roman law, however, the nature of a chirograph was such that as evidence it was effectively constitutive. Only the remedies later created (the exceptio and later the querimonia non numeratae pecuniae) provided relief. They and
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Der Eigentumserwerb durch traditio: Zugleich zur Frage einer putativen iusta causa traditionis und zu Konsequenzen für die Kondiktionenlehre The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Veronika Kleňová
Summary The acquisition of property by traditio, In addition, putative iusta causa traditionis and consequences for the doctrine of condictio. – The Justinian Digest contain a number of texts in which the traditio transfers ownership, although the ‘causa’ on account of which the delivery takes place, does not exist in fact. The paper attempts to show that this phenomenon cannot be explained through
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Joachim von Exter und die Rezeption der actio Pauliana im hamburgischen Stadtrecht The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Constantin Willems
Summary Joachim von Exter and the reception of the actio Pauliana in Hamburg statute law. – On 23 May 1785, a certain Joachim von Exter defended his legal dissertation De actione Pauliana Hamburgi non introducta sed necessario introducenda at the University of Frankfurt an der Oder, under the auspices of Joachim Georg Darjes, professor of natural law. As the title of his thesis indicates, von Exter
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Plane nostris moribus: customary financing on future salary by the Dutch East India Company The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Christiaan van Bochove, Michael Milo, Ton van Velzen
Summary Transferring claims has traditionally been a dogmatic near impossibility in the civilian institutional tradition. In practice, however, contractual creativity provided space to develop a variety of mechanisms for transferring claims. Our paper explores such a mechanism, which financed the seamen of the Dutch East India Company (voc), on the basis of their claims to future salary. The associated
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Special Courts (Sondergerichte) in the General Government (1939–1945): Legal analysis The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Konrad Graczyk, Hubert Mielnik
Summary This article presents the legal bases of operation and organisation of the special judiciary in the General Government for the occupied Polish territories. Special courts were subject to the policy pursued by the German authorities in the General Government. The German legislation in the gg delegated to the jurisdiction of special courts chiefly such criminal matters that involved safeguarding
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‘Windscheid steht Paulus in nichts nach, und ist dabei für uns viel mehr wert als jener’: Zum Umgang Stanisław Wróblewski’s mit der Pandektistik The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Ernest C. Bodura
Summary ‘Windscheid is in no way inferior to Paul, and in this he is worth much more to us than Paul’ – on Stanisław Wróblewski’s treatment of Pandectistics. – In his home country Poland Stanisław Wróblewski (1868–1938) is unanimously numbered among the jurists of the first rank in the extant literature on legal historiography. He is considered to be ‘the Polish Roman lawyer about whom the most has
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Zum Irrtum des Erblassers im klassischen römischen Recht The Legal History Review (IF 0.3) Pub Date : 2023-08-25 Amon Krükel
Summary On error of the testator in classical Roman law. – The paper discusses the different ways in which the classical Roman jurisprudence treated the testator’s error, be it a mistake concerning the choice of words, be it a false estimation of facts misleading the testator’s voluntas. In either case, the jurists may have treated the erroneous disposition as void or reformulated it according to the
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‘Mercatores isti regulandi’: Monopolies and moral regulation of the market in Pedro de Oñate’s De contractibus The Legal History Review (IF 0.3) Pub Date : 2022-12-07 Wim Decock
Summary Compared to the writings of other teólogos-juristas belonging to the so-called School of Salamanca, Pedro de Oñate’s (1567-1646) De contractibus has met with little if almost no interest in the literature. It nevertheless marks an epochal achievement in the history of juridical and economic thought. Published between 1646 and 1654, Oñate’s De contractibus epitomizes five centuries of scholastic
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Akteure im Hintergrund: Die Rolle der Faktoren in kaufmännischen Netzwerken und die Genese ihres rechtlichen Handlungsspielraums (Heiliges Römisches Reich Deutscher Nation und Deutsches Reich) The Legal History Review (IF 0.3) Pub Date : 2022-11-28 Anja Amend-Traut
Summary Already since the emergence of supra-national trade, merchants and trading companies have made use of so-called Faktoren (factors) to establish and expand their business networks. The increasing differentiation of the factor activity was first taken into account by the case law and commercial expert opinions, so-called pareres, which were subsequently received and finally led to the commercial
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Jacob Coren’s Observatio 40: shipowner liability for inculpable ship collision and its limitation in Roman-Dutch law The Legal History Review (IF 0.3) Pub Date : 2022-11-25 Tim Lubbers
Summary In 1617, two Dutch merchantmen collided in a storm on the North Sea. The incident resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland, lasting until 1640. In an unprecedented decision, which was published as no. 40 of Jacob Coren’s well-known Observationes, the Court limited the liability of shipowners for inculpable ship collision to the
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Le manomissioni del ius civile e il momento acquisitivo della cittadinanza romana The Legal History Review (IF 0.3) Pub Date : 2022-11-18 Lorenzo Gagliardi
Summary A comparison is made among the three manumissions of the ius civile and it is investigated what was the moment in which the freedmen acquired Roman citizenship and could begin to exercise political rights. It is concluded that the manumissi censu acquired all political rights immediately after the manumission. The manumissi vindicta and testamento, on the other hand, acquired citizenship at
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Der Erbvertrag der Römer und der Erbvertrag heute: Einige Erwägungen zu dem Buch von M.F. Merotto The Legal History Review (IF 0.3) Pub Date : 2022-11-16 Aleksander Grebieniow
Summary Pacta successoria in Roman and contemporary law: observations in the margin of M.F. Merotto’s recent book. – The work I patti successori dispositivi nel diritto romano is the most recent publication tackling the problem of contractual succession according to Roman law. In the book’s introduction, Maria Federica Merotto responds to the voices calling for a more nuanced study of this phenomenon
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The politics of the lex Aquilia: Reparation disputes in the battle of the orders: the quest for fair trials The Legal History Review (IF 0.3) Pub Date : 2022-11-16 Wolfgang Ernst
Summary Centuries of interpretation by sophisticated Roman jurists developed a comprehensive and nuanced law of damage to personal property, based on the republican lex Aquilia. This lex originated from a plebiscite and the plebeians must have pursued a comprehensible political purpose. That purpose is to be found in the ‘access to justice’ problem inherent in the legis actio per sacramentum procedure
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The colonate in the Later Roman Empire The Legal History Review (IF 0.3) Pub Date : 2022-06-08 Boudewijn Sirks
Summary In the fourth and fifth century there are people in the Roman empire who are bound to a particular estate in the sense that the estate owner can recall them and impose services. Their status, called the colonate, is low. Often it is assumed to have been widespread or even a general feature of a general change in agricultural exploitation. Various theories about its cause have been formulated:
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Epistula Honorii: note esegetiche e riflessioni storico-giuridiche The Legal History Review (IF 0.3) Pub Date : 2022-06-06 Lorenzo Lanti
Summary More than 430 fragments contained in the Theodosian Code can be traced back to laws by Honorius. The reason for this immense amount of costitutiones is to be found in the variety of issues he had to face during his rather long empire (395–423). Beyond those passed down in official Codes, a number of other laws issued under Honorius are attested by literary or historical sources. The purpose
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Problemas probatorios de la exceptio doli The Legal History Review (IF 0.3) Pub Date : 2022-05-31 Patricio Lazo
Summary The objective of this paper are the proof issues of the exceptio doli in the formular process. The author examines different texts from Roman lawyers regarding not only the proof of the exceptiones, but of the dolus as well, turning back to the problem of onus probandi in the classical process. One of the premises of this work is that the Exceptio doli has a bigger complexity than other exceptiones
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The history and normative significance of summaria in the Liber extra The Legal History Review (IF 0.3) Pub Date : 2022-05-30 Piotr Alexandrowicz
Summary The printed editions of the Liber extra usually contain summaria, which are short summaries added to the source text providing the encapsulated ratio of each chapter. These short additions were mostly overlooked by the canonists and legal historians, and for this reason their history and relevance are not satisfactorily assessed. The study of incunabula shows that summaria were taken mostly
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The capture of the Ponte: the development of vicarious liability of shipowners and its limitation in Roman-Dutch law The Legal History Review (IF 0.3) Pub Date : 2022-05-26 Tim Lubbers
Summary In 1599, Dutch privateer Melchior van den Kerckhoven unlawfully captured the Venetian merchantman Ponte, which resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland. The Ponte case soon became the centrepiece for discussions about vicarious liability of shipowners for unlawful acts of their shipmasters, and – more importantly – about limitation
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Creditor fructus percepit, Sul pegno con patto anticretico The Legal History Review (IF 0.3) Pub Date : 2022-05-26 R. Perani
Summary Creditor fructus percepit, On pledge with a pactum antichreticum. – May the pledgee take the benefits of the res? Pledge did not allow it, there would have been theft (furtum usus). In fact, the thing given as pledge was excluded from any economic use. However, Roman law attests an agreement called ἀντίχρησις, which allowed the creditor to have the fruits of the res, under some conditions.
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Network analysis in legal history: an example from the Court of Friesland: Remarks on the benefits The Legal History Review (IF 0.3) Pub Date : 2022-05-24 Hylkje de Jong, Gijs van Dijck
Summary This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more
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Accused of infanticide: Criminal prosecutions of the deliberate killing of a new-born child in the Belgian province of West Flanders, 1796-1867 The Legal History Review (IF 0.3) Pub Date : 2022-05-23 J. Monballyu
Summary In Belgium, from 1796 until 1867, infanticide was a crime which was legally defined as the deliberate homicide of a new-born child and punished with the death penalty. In the province of West Flanders, for a long time the second most populous province in Belgium, this crime was strongly women-related. As in the other Belgian provinces and abroad, this crime was mainly committed by unmarried
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Jurisdiction and its attribution in the works of Diodorus Tuldenus (1594-1645) The Legal History Review (IF 0.3) Pub Date : 2022-05-23 Geert Sluijs
Summary Diodorus Tuldenus (1594-1645) as a professor of the Digest at the University of Leuven is one of the most representative figures for legal academia in the Southern Low Countries in this period. After a brief biography, this article deals with a classic subject in the field of public law as discussed by Tuldenus in his works: jurisdiction and its attribution. In chapter one, the genealogy of
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De rechtspraakverzamelingen van Julius Paulus, Recht en rechtvaardigheid in de rechterlijke uitspraken van keizer Septimius Severus, written by E.S. Daalder The Legal History Review (IF 0.3) Pub Date : 2021-12-29 Jeroen M.J. Chorus
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Equity in early modern legal scholarship, written by L. Maniscalco The Legal History Review (IF 0.3) Pub Date : 2021-12-29 Xavier Prévost
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Handwörterbuch zur deutschen Rechtsgeschichte HRG, edited by A. Cordes, H.-P. Haferkamp, H. Lück, D. Werkmüller und C. Bertelsmeier-Kierst The Legal History Review (IF 0.3) Pub Date : 2021-12-29 Alain Wijffels
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In memoriam Eric Pool, 1939-2020 The Legal History Review (IF 0.3) Pub Date : 2021-12-29 Laurens Winkel
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The imperial policy against heretics of restricting succession in the fourth century AD, with an appendix on the Theodosian Code The Legal History Review (IF 0.3) Pub Date : 2021-12-22 Boudewijn Sirks
Summary A distinctive common feature of the measures against heretics and apostates in the 4th century AD is that their rights regarding successions are being curtailed or even removed. How was that done and is here a general policy visible? And what was the purpose behind these measures? Was it merely the wish of relatives to keep assets in the family as Riedlberger suggests, or was it to prevent
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Urban privileges (‘keuren’) in medieval Flanders: charters or dynamic legal documents?: An approach based on diplomatics and pragmatic literacy The Legal History Review (IF 0.3) Pub Date : 2021-12-14 Georges Declercq
Summary Between 1163 and 1240 urban privileges in the county of Flanders often lack the formal characteristics typical of medieval charters. They consist solely of a list of legal articles preceded by a general heading. In Flanders, such formless law texts are traditionally known as ‘keuren’. The most famous of these documents is the so-called ‘Grote Keure’ by which Count Philip of Alsace imposed a
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Solomon blindfolded The Legal History Review (IF 0.3) Pub Date : 2021-12-13 Alain Wijffels
Summary Yvon Le Gall’s collected studies on the concept and representation of kingship in France, from the Middle Ages until modern times, investigate key moments in the history of criminal justice, and in the ascent and ebbing away of the king’s figure at the heart of sovereignty and public governance in French political history. The studies are based on a wide range of documents and works of art
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Restoring trust and credit through innovative governance in 17th-century Amsterdam The Legal History Review (IF 0.3) Pub Date : 2021-12-10 Maurits den Hollander
Summary This article explores the important connections between trust, credit, and innovative governance in seventeenth-century Amsterdam. It combines theoretical insights from both (legal) history and sociology to arrive at a broader understanding of the nature and functioning of trust between creditors and debtors. This article also moves beyond the existing literature, empirically testing the effect
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Rem de qua controversia est prohibemur in sacrum dedicare: D. 44,6,3: Verbot der Dedikation einer Streitsache vor litis contestatio in ein Heiligtum The Legal History Review (IF 0.3) Pub Date : 2021-12-10 Elisabeth Heukenkamp
Summary Rem de qua controversia est prohibemur in sacrum dedicare, D. 44,6,3: Prohibition to dedicate the future matter in dispute into sacred sites. – The only surviving source of the prohibition of dedication is D. 44,6,3, an extraction of Gaius’ commentary concerning the Twelve Tables. It forbids the ‘in sacrum dedicare’ of a ‘rem de qua controversia est’ – both terms of unsecure meaning. This article
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‘In the hope to have judged a good sentence as merchants’ The Legal History Review (IF 0.3) Pub Date : 2021-12-07 Niels Fieremans
SummaryArbitration is a form of conflict resolution that was popular in commercial disputes in medieval times. Its informal nature and ability to mediate the shortcomings of the formal courts have made it the supreme example of merchants solving their own disputes. However, there has been relatively little inquiry into its actual practice. This article investigates the functions and practice of arbitration
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Datio ob rem and datio ob causam – the purpose of performance in Roman law The Legal History Review (IF 0.3) Pub Date : 2021-12-07 Marek Sobczyk
Summary This paper deals with one of the most important unjustified enrichment claims in Roman law, the condictio causa data causa non secuta concentrating on the crucial issue of the purpose of performance. In Roman law the purpose of performance was denoted by the term res as a part of datio ob rem (giving for a purpose) or causa as a part of datio ob causam (giving on a basis); however, in the secondary
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De doodstraf in het Scheldedepartement en de provincie Oost-Vlaanderen in de Franse en Hollandse tijd, 1796-1830 The Legal History Review (IF 0.3) Pub Date : 2021-12-07 Jos Monballyu
Summary The French revolutionary legislature imposed capital punishments for a number of serious crimes such as gang robbery, murder, poisoning, parental murder, infanticide, homicide and theft, arson and coin counterfeiting. These capital punishments reached their peak in the years 1798-1803, being the last two years of the Directoire and the first years under Napoleon. A total of 231 death sentences
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Medieval juristic regulae: unity or disunity? The Legal History Review (IF 0.3) Pub Date : 2021-12-07 Ilya A. Kotlyar
SummaryThis article is dedicated to the regulae iuris in general, and their role in medieval jurisprudence in particular. After providing a survey of the state-of-the-art literature on regulae and discussions surrounding them, the article provides arguments in support of the thesis that the use of existing regulae and the creation of new ones were an integral part of the method of medieval jurisprudence
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Le marché du mérite, Penser le droit et l’économie avec Léonard Lessius, written by W. Decock The Legal History Review (IF 0.3) Pub Date : 2021-07-06 Dirk Heirbaut
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Ona’ah und laesio enormis, Preisgrenzen im talmudischen und römischen Kaufrecht, written by Doris Forster The Legal History Review (IF 0.3) Pub Date : 2021-07-06 Martin Schermaier
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Forms of suretyship in the Peira in the light of the Basilica The Legal History Review (IF 0.3) Pub Date : 2021-06-21 Marios Tantalos
SummaryThis paper attempts to present, analyze and comment on the complex cases of suretyship described in the Peira, an anonymously-compiled casebook consisting of the judgments and verdicts of Eustathios Rhomaios, a judge whose activity spanned the last quarter of the tenth and the first decades of the eleventh century. We focus on legal matters that arise from the chapters in the Peira concerning
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Note minime sul ius dotium in Marziano Capella The Legal History Review (IF 0.3) Pub Date : 2021-06-21 Francesco Bono
SummaryMartianus Capella’s De nuptiis Philologiae et Mercurii, 9.898, echoes ancient jurisprudence, not only because the divinity Saturnus is depicted as a jurist, but because the passage also refers to a jurisprudential rule on dowries. The text suggests that dotem dicere is possible after a marriage has been celebrated. Legal authorities (both imperial constitutions and works by jurists) show that
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Arguments related to slavery in seventeenth century Dutch legal theory The Legal History Review (IF 0.3) Pub Date : 2021-06-21 Gustaaf van Nifterik
SummaryThe Dutch participated fully in the Transatlantic Slave Trade. The Dutch colonies, it was said, could not do without enslaved workers. But in the Dutch Provinces people were free; the Dutch were freedom loving Christian people. This articles sketches the legal arguments used by the seventeenth century Dutch jurists regarding slavery, and some slavery related topics as freedom and property. It
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OK Computer? The digital turn in legal history: a methodological retrospective The Legal History Review (IF 0.3) Pub Date : 2021-06-18 Florenz Volkaert
SummaryThis article reviews some of the main debates on methodology in legal history since the Second World War, engages in a dialogue with the social sciences and finally discusses the digital turn in law and legal history, focusing on network analysis.
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Foreign law without borders in the early vast America The Legal History Review (IF 0.3) Pub Date : 2021-06-15 Angela Ballone
SummaryThis work addresses the circulation of legal literature from the Hispanic world into the British Atlantic during the 18th century and within the broader context of the Americas. It wants to break free from the dichotomy between British and Hispanic Atlantic by looking at the early Americas as a space where legal literature moved across borders. The case study analyzed in this work is that of
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Learned law in late medieval Netherlandish practice: Consilia for the congregation of Windesheim (ca. 1415-1500) The Legal History Review (IF 0.3) Pub Date : 2021-06-15 Wouter Druwé
SummaryThe Historical Centre of Overijssel in Zwolle and the Royal Library of Belgium in Brussels each conserve a fifteenth-century manuscript collection of legal and moral theological sources, written for the general chapter of the Augustinian canons regular of Windesheim. Both collections contain many ‘consilia’ by learned lawyers, several of whom were active in the prince-bishopric of Liège, at
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La faculté de tester dans le Dell’origine e dell’uffizio del notariato de Michele Cusa The Legal History Review (IF 0.3) Pub Date : 2021-05-21 Anne Dobigny-Reverso
SummaryIn French law, the current reform plans affecting the reserved portion of inheritance that must devolve upon the heirs (‘legitim’) has revived the debate about the freedom of disposing of one’s estate by will. The debate echoes some of the considerations in Michele Cusa’s (1771-1855) work Dell’origine e dell’uffizio del notariato. The author, who was a notary, was a supporter of the testator’s
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Did the published Theodosian Code include obsolete constitutions? The Legal History Review (IF 0.3) Pub Date : 2021-05-10 Boudewijn Sirks
SummaryIt is a point of contention whether the Theodosian Code contains also obsolete constitutions as foreseen for the projected interim code of CTh 1,1,5, or only valid constitutions (with the exception of Book 16). The text of CTh 1,1,6 is unclear in this point and seems to be a mere continuation of the plan of CTh 1,1,5. However, it appears that the first view does not take into account other statements