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1
Dodd, Leslie. "Thomas Craig on the origin and development of feudal law." Tijdschrift voor Rechtsgeschiedenis 87, no. 1-2 (June 18, 2019): 86–127. http://dx.doi.org/10.1163/15718190-08712p04.
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SummaryWhen Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.
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Černý, Miroslav. "Libri Feudorum und Ihr Ort in der Mittelalterlichen Rechtsgeschichte." Krakowskie Studia z Historii Państwa i Prawa 6, no. 4 (2013): 341–50. http://dx.doi.org/10.4467/20844131ks.13.021.1696.
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Libri Feudorum and Their Meaning in the Medieval Legal History Feudal Law, that was originally divided and fragmented like the entire medieval feudal world in which the law was created from disparate sources, gradually found its stable place alongside rediscovered Roman law and the newly organized canon law. At first, between 1154 and 1158, Obertus dall'Orto, a consul in Milan and expert of practical application of feudal law, wrote two letters to his son, Anselm, in which he summed up the elements of feudal law. This version is known as „Compilatio antiqua”. Around 1240 he was followed by Jacopo d’Ardizzone who wrote Summa feudorum. The last work called the Vulgate or Accursiana, that was divided into two books, was then incorporated in the most privileged place, right in the glossed Justinian legislation, behind the Novellae as the tenth amendment: Collatio. The subjects of these books included feudal relations between individual persons, a description of the investiture, different kinds of fiefs and the possibility of inheriting them. However, while Roman law of glossators was beginning its second life, feudal law represented rather the type of social relationships that (emptied from its original content) was coming to an end.
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Zendri, Christian. "Diritto feudale – diritto canonico – diritto pubblico." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 101, no. 1 (August 1, 2015): 389–98. http://dx.doi.org/10.7767/zrgka-2015-0113.
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Abstract Feudal Law - Canon Law - Public Law. Recent Research and Outlook. Feudal law is a classical topic of the legal history. A recent book by Maura Mordini about the ecclesiastic fee both in civil and in canon law gives cause for studying the relationship between the papal revolution (as Harold J. Berman has written), secular and spiritual laws and the origins of the public law.
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Fleming, C. J. W. "Feudal Dues in Lundazi." Journal of African Law 30, no. 2 (1986): 175–78. http://dx.doi.org/10.1017/s0021855300006549.
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The late Professor Gluckman adumbrated on the customary dues formerly made to the King in Barotseland. It might be of interest to consider similar imposts required on the other side of Zambia in the Lundazi District, and to note in particular that the distinction that is made in Barotseland between what Gluckman calls “Kingly things” and tribute also obtained in Lundazi as well.Feudal dues in Lundazi before the occupation fell roughly into four categories, “Kingly things”, here called regalia or the local vernacular word for them, vya chalo, things pertaining to the land; mithulo or tribute; msonko or land tax and chiŵeta or tribute labour.The vya chalo, as the name signifies, were things pertaining to the land which belonged to the chief in his capacity as the titular head of a land-owning clan and might not be taken or used by anyone else except with permission. Properly speaking vya chalo appear to have consisted only of the skins, with claws intact, of the larger carnivora, lion, leopard and cheetah, the skins of hartebeest and the plumage of the Livingstone Lourie.
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Reid, Kenneth G. C. "Vassals No More: Feudalism and Post-feudalism in Scotland." European Review of Private Law 11, Issue 3 (June 1, 2003): 282–300. http://dx.doi.org/10.54648/erpl2003022.
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Abstract: At the very time when the feudal system of land tenure was being abolished in France, and elsewhere in Europe, it was enjoying an unexpected revival in Scotland as a means of controlling urban development. Land which was sold under the feudal system could be subjected to permanent conditions, known as “real burdens”, which regulated its future use; and in this way planning control was achieved by a mechanism of private law. Real burdens could (and can) also be used in a non-feudal context, in which case they resemble praedial servitudes. But, unlike servitudes, real burdens can impose affirmative obligations, such as an obligation to construct and maintain a building. Today Scotland is one of the last jurisdictions in the world to have an operational feudal system. That will shortly change. Legislation passed in 2000 abolishes the feudal system with effect from 28 November 2004. At the same time the law of real burdens is reformed and codified. The continued existence, and importance, of real burdens was the greatest obstacle to feudal abolition. For if feudal lords (“superiors”) were to disappear, who was to enforce the burdens? The legislation tackles the difficulty with various improvisations, in some cases reallocating enforcement rights to neighbours (including former superiors), and in others allowing the burdens to lapse altogether. Affirmative burdens will be a permanent legacy of the feudal era, but in other respects its continuing influence on land law is likely to be slight.
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Heirbaut, Dirk. "Feudal Law: the Real Ius Commune of Property in Europe, or: Should We Reintroduce Duplex Dominium?" European Review of Private Law 11, Issue 3 (June 1, 2003): 301–20. http://dx.doi.org/10.54648/erpl2003023.
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Abstract: Once Europe knew of a “European common law”, the so-called Ius Commune. This old Ius Commune is nowadays considered to be a possible source of inspiration for a future common European Law. But apart from the Law of Obligations, there are few examples of such a new legal order. This is only logical, since the Law of Property of old used to be local and regional, that is, outside the Ius Commune. However, the feudal system of land tenure existed everywhere in Europe, and thus, became part of the Ius Commune. The basic idea of this feudal system was that of divided property. Both the feudal lord and the feudatory were owners of the tenure, both with different rights, though. This theory was quite flexible, and was thus applied to any kind of property. Alas, this idea of divided property disappeared with the demise of the feudal system at around 1800. However, the author is of the opinion that a revival of this idea could prove beneficial for the law. The possibility to combine several variants of property within Europe into a common concept would, beyond doubt, amount to a great improvement in the law of an ever-tighter Europe.
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Cairns, John. "Blackstone, The Ancient Constitution and the Feudal Law." Historical Journal 28, no. 3 (September 1985): 711–17. http://dx.doi.org/10.1017/s0018246x00003381.
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Saltman, Michael. "Feudal Relationships and the Law: A Comparative Enquiry." Comparative Studies in Society and History 29, no. 3 (July 1987): 514–32. http://dx.doi.org/10.1017/s0010417500014705.
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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.
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Fabi, Federico. "Sovranità e dislivelli di potere. Paradigmi per una rilettura della riforma estense della giustizia feudale (1763)." Italian Review of Legal History, no. 8 (December 21, 2022): 39–77. http://dx.doi.org/10.54103/2464-8914/19251.
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Proposito del presente lavoro è indagare la novità introdotta dal Regolamento estense del 1763 sull’amministrazione della giustizia feudale. Si tratta di una novità di non immediata percezione, posto che la riforma segnalava una tensione duplice e ambivalente. Da un lato, sembra che essa mirasse a razionalizzare i poteri esercitati da centri politici diversi; dall’altro, invece, che non intendesse pregiudicare quel medesimo sostrato di pluralità che ne costituiva il presupposto. Con l’obiettivo di risalire all’effettiva portata della nuova e contestata normativa, il contributo cercherà di tracciare un quadro delle intersezioni tra competenze feudali e ducali. Il reale spessore della feudalità del XVIII secolo, ricostruibile grazie al recupero dei diversi paradigmi nei quali la ‘sovranità’ del Duca si declinava, conduce a rappresentare la stessa più come riflesso, che come causa, di un più ampio ordine giuridico.
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Coderch, Marion. "Entre lâamor i el dret: lâús del lèxic feudal a la lírica amorosa medieval catalana i valenciana." Anuario de Estudios Medievales 45, no. 1 (June 30, 2015): 195–231. http://dx.doi.org/10.3989/aem.2015.45.1.07.
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Mehmeti, Sami. "Magna Carta And The Roman Law Tradition." SEEU Review 11, no. 1 (December 1, 2015): 139–44. http://dx.doi.org/10.1515/seeur-2015-0017.
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Abstract Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.
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MATSUMURA, Katsujiro. "The Feudal Framework of The Land Law in Glanvill." Legal History Review, no. 40 (1990): 111–33. http://dx.doi.org/10.5955/jalha.1990.111.
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Sarakavik, Ivan. "Grand duchy of lithuania: towards feudal state of law." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2017, no. 865 (May 20, 2017): 29–37. http://dx.doi.org/10.23939/law2017.865.029.
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Davis, K. "Sovereign Subjects, Feudal Law, and the Writing of History." Journal of Medieval and Early Modern Studies 36, no. 2 (April 1, 2006): 223–61. http://dx.doi.org/10.1215/10829636-2005-001.
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Dodd, Leslie. "Feudal Law and the Unionist Writings of Thomas Craig." Scottish Historical Review 102, no. 1 (April 2023): 34–66. http://dx.doi.org/10.3366/shr.2023.0588.
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Amidst the flood of unionist literature that followed the accession of James VI to the throne of England, Thomas Craig's De unione regnorum Britanniae stands out as the largest, at around 95,000 words, and the most sophisticated in terms of its argumentation. This article examines Craig's argumentation in detail and shows that he understood British history as a repeating cycle of internecine conflicts between the peoples of Britain followed by invasion and conquest by continental powers. For Craig, the existential threat to Britain was Spain, the dominant Catholic power of the day. While negotiations for an end to the long war between England and Spain were contemporaneous with union negotiations, the De unione can still be seen as a warning about the ongoing dangers of disunity among British Protestants. It is shown that Craig's solution to the lingering historical antagonism between England and Scotland and the unwillingness on either side to compromise their fundamental national identity lay in an idealised version of the feudal-legal relationship as the foundation for the union.
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Palmer, Robert C. "The Origins of Property in England." Law and History Review 3, no. 1 (1985): 1–50. http://dx.doi.org/10.2307/743696.
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The English common law of real property, as S.F.C. Milsom has argued, took shape between 1153 and 1215. The common law gave royal protection to free tenements, replacing feudal relationships as the primary bond structuring society. The law thus constituted the institutional core of the English state. But no Machiavellian monarch constructed the English state. Henry II was, rather, a king who presumed the morality and necessity of feudal relationships. His innovations, though intentional and carefully planned, were directed at narrower and less far-sighted ends. Other changes were the result of bureaucratic action. The complex interplay between present-oriented political or juridical decisions and bureaucratic rigor generated a legal system.
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Hong, Joon-Hyung. "Rule of Law and Law Reform in Korea." Korean Journal of Policy Studies 10 (December 31, 1995): 49–79. http://dx.doi.org/10.52372/kjps10003.
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As a theater of historical experimentation, Korean society merits special attention. Economic and social transformations that unfolded over two centuries or more in Western societies and over more than a century in Japan have exploded in a far shorter time in Korea. Various features of Korean society are radically heterogeneous in origin: some echo feudal structures of the pre-modem Chosun Dynasty, which lasted through the 1890s. Others stem from institutions of Japanese colonial rule(1905-1945), from the American military occupation of 1945-1948, from the corrupt autocracy of Syngman Rhee(1948-1960) or from the "developmental dictatorships" that ruled Korea by military decree from 1961 until only a few years ago. In the quasi-pluralistic Korean society of today, a commerce-centered network of relations interacts with oligarchical structures deeply rooted in recent as well as remote history. Confronted with unprecedented challenges, internal and external, Korea presently is in a period of transition, groping its way toward democratization while trying to maintain momentum for sustained economic development.
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Heirbaut, Dirk. "Le Miroir des Saxons : un texte remarquable, mais presque inconnu dans l’historiographie française." Tijdschrift voor rechtsgeschiedenis 84, no. 3-4 (December 9, 2016): 401–22. http://dx.doi.org/10.1163/15718190-08434p02.
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The ‘Saxon Mirror’ was one of the most important books of medieval law, but literature on it in other Western European languages than German, remains scarce. This article therefore wants to present the Saxon Mirror to French readers by studying its author Eike von Repgow and its content, characteristics and influence. The author also puts forward his own hypotheses concerning the Saxon Mirror. The Saxon Mirror has to be studied together with other texts which used the same material, more in particular the Auctor vetus de beneficiis, and the law book of Görlitz. Making a comparison with texts of feudal law elsewhere, it becomes clear that the Saxon Mirror was based on notes taken by practitioners, which could be compilated in different ways. The differences between the longer and the shorter versions of the Saxon Mirror may be explained by the groups behind them. Specialists of feudal law were responsible for the shorter version, whereas the longer version was the work of aldermen. In this context, it is not unlikely that Eike von Repgow may have been a pleader in feudal courts rather than an alderman.
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Harwick, Cameron, and Hilton Root. "The Feudal Origins of the Western Legal Tradition." ORDO 2019, no. 70 (March 16, 2019): 3–20. http://dx.doi.org/10.1515/ordo-2020-0004.
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AbstractThis paper draws a distinction between ‘communitarian’ and ‘rationalist’ legal orders on the basis of the implied political strategy. We argue that the West’s solution to the paradox of governance – that a government strong enough to protect rights cannot itself be restrained from violating those rights – originates in certain aspects of the feudal contract, a confluence of aspects of communitarian Germanic law, which enshrined a contractual notion of political authority, and rationalistic Roman law, which supported large-scale political organization. We trace the tradition of strong but limited government to the conflict between factions with an interest in these legal traditions – nobles and the crown, respectively – and draw limited conclusions for legal development in non-Western contexts.
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Merike Blofield. "Feudal Enclaves and Political Reforms: Domestic Workers in Latin America." Latin American Research Review 44, no. 1 (2009): 158–90. http://dx.doi.org/10.1353/lar.0.0068.
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Gassmann, Jürg. "The Bolognese Societates Armatae of the Late 13th Century." Acta Periodica Duellatorum 2, no. 1 (October 29, 2015): 195–233. http://dx.doi.org/10.36950/apd-2014-007.
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The Bologna archives preserve the bye-laws of 24 „armed societies”, dating from between 1230 and the early 1300s, written in good notary Latin. Though known to exist in other Italian city-states, only few non-Bolognese armed society bye-laws are preserved. These armed societies had disappeared everywhere by the Late Middle Ages. This article explores the function of these armed societies and the feudal law aspects of the bye-laws - was their function predominantly military, social or political? Why did they suddenly appear, and just as suddenly disappear? How did they fit into Bologna’s constitution - how did they relate to the civic authorities, the guilds? How did these armed societies operate? Who were the members? What arms did they have? Did they participate in the warfare between the city-states, the battles of the Lombard League and the Holy Roman Empire, the struggles between the Emperor and the Pope, the feuds between the Ghibellines and the Guelphs?
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Gassmann, Jürg. "The Bolognese Societates Armatae of the Late 13th Century." Acta Periodica Duellatorum 2015, no. 2 (October 1, 2015): 241–77. http://dx.doi.org/10.1515/apd-2015-0018.
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Abstract The Bologna archives preserve the bye-laws of 24 „armed societies”, dating from between 1230 and the early 1300s, written in good notary Latin. Though known to exist in other Italian city-states, only few non-Bolognese armed society bye-laws are preserved. These armed societies had disappeared everywhere by the Late Middle Ages. This article explores the function of these armed societies and the feudal law aspects of the bye-laws - was their function predominantly military, social or political? Why did they suddenly appear, and just as suddenly disappear? How did they fit into Bologna’s constitution - how did they relate to the civic authorities, the guilds? How did these armed societies operate? Who were the members? What arms did they have? Did they participate in the warfare between the city-states, the battles of the Lombard League and the Holy Roman Empire, the struggles between the Emperor and the Pope, the feuds between the Ghibellines and the Guelphs?
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Gibbs, Levi S. "“Forming Partnerships”: Extramarital Songs and the Promotion of China's 1950 Marriage Law." China Quarterly 233 (December 26, 2017): 211–29. http://dx.doi.org/10.1017/s0305741017001692.
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AbstractShortly after a push to promote China's 1950 Marriage Law in 1953, scholars from the Chinese Music Research Institute on a collection trip to a small locality in northern China encountered a large number of folksongs about extramarital affairs. They interpreted this as evidence of the need for marriage reform. The folksong lyrics highlighted controversial aspects of the Marriage Law by espousing one of the law's central tenets – free love – while also expressing women's desires to leave their husbands. In this article, I explore how the researchers placed the song lyrics in a liminal moral-temporal category between “feudal” arranged marriage and the new marriage system before declaring the songs to be relics of the victimization of women in a “feudal” past. I argue that additional light-hearted elements complicate the researchers’ conclusion and suggest that when the promotion of social agendas in the 1940s and 1950s cast songs about illicit affairs as morally ambiguous, Chinese scholars chose to ascribe the songs’ “roots” to other groups or to the “feudal” past of the people they sought to praise and/or transform.
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Górczak, Zbyszko. "Unsuccessful Attempts at the Incorporation of Cities in the District Duchy of Greater Poland in the 13th Century." Studia Historiae Oeconomicae 41, no. 1 (July 26, 2023): 1–28. http://dx.doi.org/10.14746/sho.2023.41.1.001.
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In the second half of the 13th century, the process of incorporation or institution of cities (a.k.a. the process of granting municipal rights) under German law began in Greater Poland. By 1314, i.e. until the end of the existence of a separate district duchy of Greater Poland, 51 successful city incorporations were carried out in its area, by princes and clerical as well as secular feudal lords At the same time, there were also 8 unsuccessful incorporation initiatives (14%). An unsuccessful settlement is a settlement that did not lead to the creation of a town or a settlement that had to be repeated after some time, especially with the consent of another ruler or another settlement owner. The article discusses these failed ventures while attempting to analyse the specific reasons for the failures. The following factors or their combinations can be pointed out: periodic unrest and political instability in the region, limiting the circle of potential settlers only to newcomers from abroad (with the exclusion of the locals), unclear legal and ownership status of the settlement being incorporated, competition from a nearby, stronger center, lack of sufficient support from the feudal owner (especially in the case of clerical and private feudals). At this early stage in the development of urban life, it is also possible to see a clear advantage of monarchical incorporations, which usually had a greater chance of success and further successful development. A similar distribution of unsuccessful and successful granting of municipal rights to towns (15%) has been noted by the literature in medieval Silesia.
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Postma, Gertjan. "On the Sound Change PGmc /hʷ/ > /f/, the Etymology of Du lijfeigen, and the Malberg Gloss leodardi." Amsterdamer Beiträge zur älteren Germanistik 79, no. 2 (August 8, 2019): 156–77. http://dx.doi.org/10.1163/18756719-12340148.
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Abstract A well-known exception to Grimm’s Law, /kʷ/ > /f/ instead of /kʷ/ > /hʷ/, is taken as a starting point and its reflexes in Middle Dutch and Sal-Frankic are discussed. As to the PIE root *leikʷ-, MD and MLG līf- in the compounds līfeigen ‘owned by the fief’, līftuht ‘feudal law’, and līfcōp ‘feudal transaction fee’ is identified as derived from this root under a regular sound change, which is coined Uhlenbeck’s Law. Uhlenbeck’s Law acts as a resolution of a pansyllabic constraint, not a constraint on roots. As to Sal-Frankic, the new etymology of SF leo- ‘related to the tenements’’, and by extention ‘agricultural’, sheds new light on the structure of the Lex Salica. It is argued that the tripartite manorial system of land tenure has reflexes in juridical terminology of this archaic legal document.
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Gridin, S. I. "Russian Pravda as a primary source of administrative law and process in ancient Russia." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 142–49. http://dx.doi.org/10.17803/2311-5998.2024.117.5.142-149.
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Russian Truth is the oldest monument of the law of feudal Rus’. It reflects the growth of princely power and the expansion of the princely court. This study is devoted to identifying the features of law and legal proceedings in this era. Like the ancient Laws of the XII tables in Ancient Rome and the Babylonian laws of King Hamurabi (Hamurabi), to which our study was devoted. Russian Truth is also a judge. In it we meet the rules of law, which we now call administrative law and process. Separate historical epochs are mixed up in Russkaya Pravda, there is no systematization of norms. A separate part of the truth is called “The Court of Yaroslav Vladimirovich.” Russkaya Pravda does not give us a complete account of the organization of the princely court. Separate princely decisions became the norm for subsequent court decisions. So, the prince sets penalties for killing people depending on their position. Pravda Yaroslavichi forbids blood feuds and introduces a fine instead. Litigation under Russkaya Pravda is adversarial, which establishes pre-trial procedures. The relationship between the plaintiffs and the defendants is clarified. This order is called “arching” and “persecution of the trace.” Competitiveness arises from those forms of struggle that existed even in a tribal society, when relations were sorted out by force. The study showed that the law according to Russian Pravda has gone ahead of the primitive customs of more ancient times and represents a developed system, where there was a court, a process, a system of evidence and punishments.
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Zhang, Mengru. "Familyism in Ancient Chinese Criminal Law." Communications in Humanities Research 17, no. 1 (November 28, 2023): 126–33. http://dx.doi.org/10.54254/2753-7064/17/20230878.
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Ancient China adhered to the principle of "family-state congruence" in governance, with familyism playing a significant role in maintaining feudal rule. As ancient Chinese law, particularly criminal law, developed, it gradually integrated with familyism, becoming a distinctive feature of the Chinese legal system. By studying the reasons and manifestations of the fusion of familyism and criminal law, insights can be gained to support modern legal governance.
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Kholokhoeva, E. Z. "THE PROBLEM OF THE INSTITUTION OF BLOOD FEUD IN INGUSHETIA, AT THE END OF THE XIX FIRST THIRD OF THE XX CENTURY (BASED ON THE MATERIALS OF THE "TERSKIYE VEDOMOSTI")." Law Нerald of Dagestan State University 38, no. 2 (2021): 24–29. http://dx.doi.org/10.21779/2224-0241-2021-38-2-24-29.
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In the modern period, great scientific interest is aroused by the institutions of customary law, which have not only survived, but sometimes manifest themselves, increasing attention to the problem of the institution of blood feud in the North Caucasus region, for example, in the Republic of Ingushetia. In the republic, the authorities are doing a lot to reconcile the blood feuds and the final elimination of this institution is of interest not only the institute itself but also different periods in the history of the Republic of Ingushetia (pre-revolutionary, secular and modern) when the authorities tried not only to reconcile but also to eradicate blood feuds. These periods and the work on limiting blood feuds are described in the works of N. Yakovlev, B. K. Dalgat, M.-S.G. Albogachieva, D.H. Saidumov, I. L.Babich, T.Pliev, M. S.Arsanukaeva, L. T.Agieva, L. B. Gandarova et al. authors. revenge was considered from different angles but there are still questions not investigated regarding the prevention of revenge in the early twentieth century. What is interesting is that in all periods, the government has strongly opposed the institution of revenge, which is understandable in principle. The attempts of the tsarist authorities, the clergy and the public to resolve the issue of blood feud among the Ingush are described in the interesting source "Sentences ..." the study of which is devoted to this article
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Homoki-Nagy, Mária. "Private Law in Transylvania as Part of the Habsburg Monarchy." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 307–45. http://dx.doi.org/10.47745/ausleg.2020.9.2.06.
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In the course of our following study, we present the transformation of feudal institutions of private law in force in Transylvania in the early modern period and their modernization during the time when this historical region was under the control of the Habsburg Monarchy both in its absolutist (imperial) and dualist forms. We show that the sources of private law in this period were initially those enacted during the Middle Ages, which were gradually updated by the enlightened absolutist Habsburg rulers, resulting in norms fit for the bourgeois period of capitalist development at the end of the 19th century. We observe that law applicable to legal capacity and its exercise by natural persons and to families gradually developed to undo the feudal bonds and incapacities prevalent during the Middle Ages. The same was true for property law, as well as the law which governed inheritance. Also, a previously less significant field of law, commercial law, evolved spectacularly in this era, creating the framework for modern economic exchange, vibrant trade, and security of credit. The perspectives of Romanian legal history literature regarding this era are also presented.
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Валерий Дударович, Дзидзоев. "DEPENDENT POPULATION OF THE INDIGENOUS OSSETIAN PEOPLE OF NORTH OSSETIA AND ITS LEGAL STATUS IN THE 18TH-19TH CENTURIES." NORTH CAUCASUS LEGAL VESTNIK 1, no. 2 (June 29, 2022): 23–32. http://dx.doi.org/10.22394/2074-7306-2022-1-2-23-32.
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The article is devoted to the dependent population of the Ossetian people in the 18th – 19th centuries and their relationship with the feudal lords of North Ossetia, who entered the historiography of the Caucasus under the name of the Aldars among the Ossetians-Ironians, and the badeliat among the Ossetians-Digorians. They were equated with the Russian nobles and various researchers of the XVIII – XIX centuries. They called them, then elders, then feudal lords, then princes. But, in essence, they formed into a feudal class and, according to customary Ossetian law, had all the privileges over subject peasants who were exploited. In turn, the subject peasants were divided into several categories: among the Ossetians, the Irons were divided into farsaglagi (standing sideways), kavdasards (born in a barn, whose father was a feudal lord, and whose mother was a concubine), kusagi (workers), slaves. Among the Ossetians-Digors, subject peasants were divided into: adamikhats (a breed of people), kumayags (a person from Kuma, i.e. born from a feudal lord and a concubine), kosags (workers) and slaves.
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Arnauld, Andreas von. "From Feudal Law to Minority Rights: The Legal Metamorphosis of the Schleswig-Holstein Question." German Yearbook of International Law 63, no. 1 (January 1, 2022): 153–87. http://dx.doi.org/10.3790/gyil.63.1.153.
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From a modern international law perspective, the referenda over Schleswig held in early 1920 would be framed in terms of minority rights and self-determination of peoples. However, the ‘Schleswig-Holstein question’, which had erupted into a series of armed conflicts challenging the European Concert for two decades during the mid-19th century, is deeply rooted in feudal law. It is thus linked to an ‘international law’ that was predominantly understood as defined by the interpersonal relations between the ruling monarchs and princes. This article traces the development of the ‘question’ over time in a changing legal environment, from its feudal origins over the instrumentalisation of historical documents in the context of German and Danish 19th-century nationalism to the Treaty of Versailles and the present day where it has finally become possible to normalise the ‘Schleswig-Holstein question’ by framing it in terms of minorities, autonomies, and referenda.
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Leckey, Robert. "Contracting Claims and Family Law Feuds." University of Toronto Law Journal 57, no. 1 (2007): 1–41. http://dx.doi.org/10.1353/tlj.2007.0001.
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Wynn, Michael. "Feudal societies and Hobbit law: The story of ‘The Hobbit amendment’." Small Enterprise Research 22, no. 2-3 (July 16, 2015): 131–45. http://dx.doi.org/10.1080/13215906.2015.1052343.
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Van, Vu Hong, and Pham Van Luong. "Study of the Laws under the Feudal Dynasties of Vietnam." Addaiyan Journal of Arts, Humanities and Social Sciences 7, no. 1 (October 10, 2019): 37–46. http://dx.doi.org/10.36099/ajahss.1.7.4.
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After the establishment of the Dynasty, along with the establishment of national sovereignty, development of socio-cultural economy of the country, the Lý kings, firstly Lý Thái Tổ who focused on revival and development of ancient Vietnamese culture to a new level, with new nuances. As the first Dynasty of the period of independence and autonomy, the LýDynasty acted as the first Dynasty to open, establish and create the basic money for the development of the following dynasties at all and aspects of culture such as religious activities, beliefs, literature - arts, folk festivals ... In particular, it was noticeable as the first marks in the reception of Confucian ideology of the Lý Dynasty. Starting from there, the monarchy and feudal states in Vietnam were aware of the role of law and cared about and invested in the enactment of the law. The Vietnamese legal system in this period consisted of general laws and other legal documents such as Chiếu, Chỉ, Lệ, Lệnh, Dụ, Sắc ... In which, the laws- Hình Thư (Lý Dynasty), Quốc Triều Hình Luật (called Hình Luật - Trần Dynasty), Quốc Triều Hình Luật(called the Hồng Đức law– Hậu Lê Dynasty), and the Hoàng Việt Luật Lệ(called the Gia Long law - Nguyễn Dynasty) were ancient codes the most typical was built and issued in Vietnamese history (from the 11th century to the 19th century).The main and throughout ideology in the Laws is expressed in two main contents- first, the concept of the people and the role of the people; secondly, virtue of the king, virtue of the people, king- functionary, king-people and king-functionary relationship. These ideologies, to a certain extent, have influenced the Chinese Confucianist conception of water governance and determined the social relationships that everyone must follow. However, those laws have been developed and regulated by the conditions of Vietnamese society, by the requirements and practical tasks set for the feudal class, for the Vietnamese people... Because, that thought went beyond the classic books of the Confucian sages; contribute to meeting the requirements and tasks of defending and building the country, in line with the development trend of Vietnamese society in the feudal period. It has undeniable positive values.
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Postles, David. "Gifts in Frankalmoign, Warranty of Land, and Feudal Society." Cambridge Law Journal 50, no. 2 (July 1991): 330–46. http://dx.doi.org/10.1017/s0008197300080521.
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In recent discussion, gifts to the religious have been perceived as exercising a formative influence in the forging of some norms and customs of feudal tenure during the twelfth century. On the one hand, it has been suggested that gifts to the church assisted the clarification in the mind of lay feudal society of the concept of heritability—that is, the future enjoyment of inheritance—since donors could not alienate in perpetuity that which was not already heritable. This suggestion is extremely important in view of the different perceptions of political and legal historians concerning the development of heritability of tenures and tenant right during the twelfth century, which are seen variously to have existed as social or legal norms from varying times and from different causes. A related argument runs that, whilst the warranty clause in charters (but not warranty per se) was initially conceived within the framework of the personal relationship between lord and man, its more widespread diffusion in charters was stimulated largely through the auspices of these religious beneficiaries of gifts in frankalmoign. The introduction of warranty into charters at the instance of religious beneficiaries is thus related to their concern to secure their own perpetual rights in the land at a time of a nascent realisation of hereditary tenant right, and the religious were thus foremost in the insertion of warranty clauses in charters which they, as beneficiaries, wrote or influenced, to secure their own unbridled tenure in perpetuity.
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Sharman, Frank A. "Feudal copyholder and industrial shareholder: The dimes case." Journal of Legal History 10, no. 1 (May 1989): 71–89. http://dx.doi.org/10.1080/01440368908530954.
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Bonet Donato, Maria. "Las dependencias personales y las prestaciones económicas en la expansión feudal en la Cataluña nueva (Siglo XII)." Hispania 66, no. 223 (August 30, 2006): 425–82. http://dx.doi.org/10.3989/hispania.2006.v66.i223.12.
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Plotskaya, O. A. "COMMON LAW IN MEDIEVAL HUNGARIAN SOURCES." BULLETIN 3, no. 391 (June 12, 2021): 159–64. http://dx.doi.org/10.32014/2021.2518-1467.115.
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This work examines the issues of consolidation of customary law in medieval Hungarian sources. The relevance of the study of customary law as the most important part of the socio-normative culture and the traditional legal regulator, normatively fixing ethnic identity, expressed not only in the national-cultural worldview, but also in the written medieval Hungarian sources that operated for many centuries, starting from the origins of the creation of the Hungarian state until the beginning of the XVI century, no doubt. The aim of the work is to study customary law, its institutions in the sources of law of medieval Hungary. The novelty of the research lies in the fact that it analyzes the empirical historical and legal material, which makes it possible to identify the institutions of customary law in the medieval Magyar sources of law. In a comprehensive study of customary legal aspects, in Hungarian sources of law, it is important to be guided not only by the formational approach, which makes it possible to understand the changes that took place in the medieval period, during the emergence and development of feudal relations in the Western European state, but also by the civilizational approach, revealing the historical, political, socio-cultural components of the feudal Christian state. The methodological basis of this research is formed by a system of cognitive methods developed by various modern sciences. Thanks to the application of the systemic method, the customary law of the Hungarian people is important to consider as an element of the legal space of Hungary as a Central European state. The study shows that the Hungarians had a law as their initial act. Many Hungarian customs and customary legal institutions found their fixation precisely in written sources of law.
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Yudina, T. F. "International legal personality of Russian lands during the period of feudal fragmentation of the state (XII–XVI centuries)." Juridical Journal of Samara University 7, no. 1 (July 7, 2021): 25–28. http://dx.doi.org/10.18287/2542-047x-2021-7-1-25-28.
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The article deals with the issues of determining the international status of Russian lands during the period of feudal fragmentation of the state in the XII XVI centuries. The author notes that with the collapse of the old Russian state, in the feudal period, has not stopped international relations between the Russian lands, which allowed to keep the identity of the Russian people. Surrounded by states hostile to Russia, the Russian states acted as subjects of international law, conducted a fairly active foreign policy, and concluded treaties both within their own ethnic group and within their own state.
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Ullah, Aman, and Mussawar Shah. "Understanding Perceptions about the Role of Traditional Practices of Inheritance With Relation To Feud Settlement." Journal of Ethnic and Cultural Studies 3, no. 2 (February 11, 2017): 1. http://dx.doi.org/10.29333/ejecs/55.
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Pakistani society depicts a vivid picture of inequality in property ownership with prenatal preference to inheritance for sons over daughters. The customary law under the clutches of patriarchy is only meant for male dominating female in all social spheres. The main purpose of this study is to explore the extents of traditional approaches to feud settlement regarding inheritance as the main reason of dysfunctional legal system in the study area. A sample size of 182 respondents was randomly selected of those respondents who had at least 10 acres of land. Frequency distribution of data was observed to have a comprehensive data layout. Moreover, Chi square (χ2) statistics was used to determine the level of association between dependant variable (Feud Settlement) with the independent variables (Customary Practices of Inheritance). Majority (78.0%) of the respondents believed that Jirga played an important role in transformation of inheritance while curtailing the chances of inheritance feuds through application of traditional practices. Most (89.6%) of the respondents disclosed that patriarchal system favors male members of the family in respect of transferring of property. At bi-variate level, Jirga played a vital role in the transformation of inheritance in case of conflict and had a significant association (p=0.039) with feud settlement. Moreover, dowry to be considered as a share in inheritance of family had a significant association (p=0.005) with feud settlement. The study depicted that strong patriarchal system was influencing the inheritance practices in favor of male gender. In addition, Pakhtoon culture, being conservative and prejudice, was found to be the core impediment in the smooth transmission of equal property rights to both the gender. Women’s participation in the traditional mechanism of resolving the issue of inheritance and speedy court system could lead to the mitigation of inheritance related feuds at family level.
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Squitieri, Christina M. "“O loyal father?”: Aumerle, Treason, and Feudal Law in Shakespeare's Richard II." Shakespeare 15, no. 1 (December 15, 2017): 32–47. http://dx.doi.org/10.1080/17450918.2017.1408137.
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Chen, Haiting, and Jingjing Lu. "A Comparative Study of the Miserable Fate of Tess and Xianglin’s Wife from Legal System." Theory and Practice in Language Studies 9, no. 9 (September 1, 2019): 1208. http://dx.doi.org/10.17507/tpls.0909.18.
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Law and Interdisciplinary research (“Law-and”) has flourished since the 1960s. “Law and literature” is an academic movement under such a background in the United States. The author uses Tomas Hardy's Tess of the d'Urbervilles and Lu Xun's The New-Year Sacrifice to analyze and compare the legal system in British Victorian and Chinese semi-feudal and semi-colonial society, and explores the root causes of the tragic fate of Tess and Xianglin’s Wife. Meanwhile, the paper reveals the predicament of women in the East and West around the 20th century.
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Pierre, Barbara. "Classification of Property and Conceptions of Ownership in Civil and Common Law." Revue générale de droit 28, no. 2 (March 16, 2016): 235–74. http://dx.doi.org/10.7202/1035639ar.
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This paper examines the classification of property in common law and civil law, by contrasting the conceptions of ownership in each tradition. The author aims to provide a comparative analysis of the fundamental concepts and institutions of the law of property in each tradition. This is deemed useful, not only for promoting a better understanding of the law of property by jurists in both traditions, but also for enabling the jurist of one tradition, to find his way in the unfamiliar territory of the other tradition. The author demonstrates that ownership in common law—insofar as it exists—is constructed on the ruins of the feudal system. Having been developed in an ad hoc manner from such origins, the law of property is seen to be an amalgam of technical and complex principles, built around institutions which sometimes have archaic features that serve no useful purpose in the present day. The theory of "estates", which is espoused, is however acclaimed for its flexibility, its most celebrated attribute being that invaluable institution, the Trust. Ownership in civil law in contrast, is shown to have developed from the romanisation of the feudal system. The law of property, its principles and institutions, are more systematically and rationally organised. They are therefore more easily assimilated and applied. The theory of absolute ownership which is at its core, is however criticised for being, to some extent, inflexible. Using this historical and conceptual background, the author shows that underneath the façade of similar powers over land in the two traditions, lies fundamental juridical differences in the nature and characteristics of the institutions—even those bearing the sames names.
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PACHECO CATALÁN, Núria. "Algunas consideraciones sobre familia y sucesión en una sociedad de frontera (Tortosa, siglos XII y XIII)." Medievalismo, no. 32 (December 26, 2022): 251–72. http://dx.doi.org/10.6018/medievalismo.551131.
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This essay analyses some of the regulatory provisions regarding family and inheritance that were applied in Tortosa after the feudal conquest in 1148. On one hand, the Liber Iudiciorum, which follows Germanic law, and on the other, the Costums of Tortosa, a Common law corpus which was compiled in the last third of the 13th century. It was based on the Costums of Valencia, and these on the Roman Law. The essay’s aim is to analyse the main characteristics of each book and, subsequently, to trace their implementation on documentation from Diplomatari de la Catedral de Tortosa. This has allowed to point an early cohabitation, as well as the later widespread triumph of Common law. En este artículo se analizan algunas disposiciones normativas sobre familia y sucesión vigentes en Tortosa tras la conquista feudal de 1148: por una parte, el Liber Iudiciorum, de tradición germánico-hispánica, por la otra, las Costums de Tortosa, un corpus compilado en la década de los 70 del siglo XIII, basado en las Costums de Valencia (1238) y estas, a su vez, en el derecho romano de recepción. El objetivo es analizar las principales características de cada códice para, posteriormente, rastrear su aplicación en las escrituras notariales del Diplomatari de la Catedral de Tortosa. El estudio documental ha permitido constatar la convivencia inicial entre ambas tradiciones jurídicas en una sociedad de frontera como Tortosa, así como la generalización del derecho común.
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Megyeri-Pálffi, Zoltán. "Egyes rendi jogintézmények hatása a nemesi családnévviselésre." Névtani Értesítő 33 (December 30, 2011): 39–48. http://dx.doi.org/10.29178/nevtert.2011.3.
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In Hungary, in the period of the stabilization of two-constituent names, the nobility, setting an example also in name bearing, accepted several regulations resulted in name changes, each of which was rooted in the legal system of the feudal Hungary. Marriage (as a result of its property right consequences), changes in estates, assignment in kind of the quarter inherited by a daughter, investment with the rights of a son, contemporary forms of adoption could all lead to (deliberate) changes in surnames, as these feudal legal institutions influenced financial conditions. This paper explains the so far neglected aspects of the relation between the history of law and name bearing, and describes the contemporary plasticity of name use as observed in the cases of some noble families.
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Vokić Žužul, Marina, and Božena Bulum. "Pravo mora u Sredozemlju tijekom povijesti." Miscellanea Hadriatica et Mediterranea 4, no. 1 (December 20, 2017): 47. http://dx.doi.org/10.15291/misc.1359.
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This paper presents the principal characteristics of the development of the law of the sea in the Mediterranean, from the initial historical sources to the Third UN Conference on the Law of the Sea (1982). A centuries-long process of creating that law, which applies to all seas, the authors analyzed through the prism of its application in the Mediterranean marine spaces ‒ from the time of the Roman law and its free use of the sea for all, the lordship over the sea by the feudal sovereigns (states) in the Middle Ages, until the first traces of the contemporary law of the sea in the 17th century and codification efforts in the 20th century. A special attention is paid to the complexity of the genesis of the legal regimes and boundaries in the Mediterranean Sea.
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Conte, Emanuele. "Framing the feudal bond: a chapter in the history of the ius commune in Medieval Europe." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 481–95. http://dx.doi.org/10.1163/15718190-000a1217.
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In this article I wish to show how history of legal doctrines can assist in a better understanding of the legal reasoning over a long historical period. First I will describe the nineteenth century discussion on the definition of law as a ‘science’, and some influences of the medieval idea of science on the modern definition. Then, I’ll try to delve deeper into a particular doctrinal problem of the Middle Ages: how to fit the feudal relationship between lord and vassal into the categories of Roman law. The scholastic interpretation of these categories is very original, to the point of framing a purely personal relationship among property rights. The effort made by medieval legal culture to frame the reality into the abstract concepts of law can be seen as the birth of legal dogmatics.
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Madina, Gimbatova. "Adats and Rituals Related to Blood Feuds the Peoples of Mountainous Dagestan (19th — Early 20th Century)." ISTORIYA 12, no. 10 (108) (2021): 0. http://dx.doi.org/10.18254/s207987840017094-2.
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The article is devoted to one of the most common, and currently almost disappeared custom of blood feud. The authors aim to characterize the adats and rituals associated with blood feuds among the peoples of mountainous Dagestan in the 19th — early 20th century. The research is based on historical-comparative, historical-typological methods and the principle of historical-cultural reconstruction. The chronological framework of the study covers the 19th — early 20th century. This is the period of legal pluralism in Dagestan, when the norms of customary law (adats), Sharia and the laws of the Russian Empire were in force in the mountains.The reasons for the occurrence of blood feuds, adats regulating the legal consequences of murder, as well as the rites of reconciliation of blood relatives are identified and investigated. It is established that in Dagestan, due to the specific features of the socio-economic and political system, such types of criminal punishment as deprivation of liberty, execution, corporal and degrading measures of influence did not arise for the murder of a person. The results of the study can be used by employees of education and culture to familiarize the younger generation with the legal experience of their ancestors.
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Herod, Patrycja. "DZIAŁALNOŚĆ USTAWODAWCZA KSIĘCIA MAZOWIECKIEGO JANUSZA I STARSZEGO 1381-1429." Saeculum Christianum 23 (September 22, 2017): 103–24. http://dx.doi.org/10.21697/sc.2016.23.09.
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The article presents the legislative activity of Janusz I of Warsaw who from 1381 was an independent ruler of the Eastern Mazovia. It also offers an analysis of 15 legal instruments including 14 statutes and one landed privilege, which is the oldest known act of this type from the region of Mazovia delivered 21st June 1414 in Nowe Miasto for both the Czersk and Warsaw nobility. The article further deals with the division of specific regulations into criminal and private law, which includes marriage and family law, the law of succession, property law, obligations, the right of peasants to leave a village belonging to a feudal master as well as court proceedings. The article finishes with the presentation of the research results.
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Геннадий Геннадиевич, Небратенко, and Безручко Евгений Валерьевич. "CRIMINAL-LEGAL CHARACTERISTICS OF CRIMES AGAINST LIFE AND HEALTH IN COMMON LAW OF DON COSSACKS." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2023): 120–26. http://dx.doi.org/10.22394/2074-7306-2023-1-1-120-126.
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The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology is widely used in the formation of modern criminal law and that legal reception from foreign legislation is of secondary importance. At the same time, attention is drawn to the fact that the history of criminal law is currently considered an integral part of the criminal law sciences.