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1
van Nifterik, Gustaaf. « Property beyond princely authority : the intellectual and legal roots of Ulrik Huber’s fundamental law ». Tijdschrift voor rechtsgeschiedenis 84, no 1-2 (14 juin 2016) : 225–44. http://dx.doi.org/10.1163/15718190-08412p07.
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In this paper I argue for a rule-of-law-reading of Ulrik Huber’s fundamental law on freedom of property. My aim is to show that there is enough contemporary intellectual and legal context for such a reading. I do so by arguing along three lines: the medieval tradition that rooted the origin of private property in natural law, protection of property in the constitution of Holland in the seventeenth century, and property rights protected by fundamental law in English common law.
2
Volokh, A. « Property Rights and Contract Form in Medieval Europe ». American Law and Economics Review 11, no 2 (1 septembre 2009) : 399–450. http://dx.doi.org/10.1093/aler/ahp012.
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Djekic, Djordje. « Serbian medieval law : From revenge to ruler’s prerogative ». Zbornik Matice srpske za drustvene nauke, no 138 (2012) : 39–46. http://dx.doi.org/10.2298/zmsdn1238039d.
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Since legal norms have come a long way from revenge to the ruler?s prerogative in the period between the Slavic arrival to the Balkans and the 12th century, this paper is an attempt to offer solutions for the chronology of these events. As the ruler?s prerogative occurs for the first time at the end of the 12th century, it is clear that this process had to have been completed by then. In the pre-state period Serbs had revenge and pacification of blood (godfatherhood), which were retained even after the state was established. In the state period the phenomenon of blood brothers occured as another form of pacification of blood. The existence of the system of composition payments can be proven indirectly. At the end of the 12th century the Old Serbian Law was created, which proscribed that the ruler tried for murder and theft of church property. This is the evidence that revenge disappeared in the meantime. Revenge and the system of composition payments remained legally valid ways of settling disputes in Bosnia until the end of the 15th century. As Bosnia was part of Serbia until the end of the 10th century, this implies that until that time revenge was a legally valid way of settling disputes in Serbia. This would mean that the abolishment of revenge and the transfer of this dispute to the competence of the ruler, when a blood debt was settled, which had been a remnant of the system of composition payments, occurred in the period between the end of the 10th century and the end of the 12th century, when it became part of the written law. As for the theft of church property, it must be said that the decisions of the Split (Spalatum) Assembly of 925 AD lead to the conclusion that the state accepted to regulate the theft of church property, which indicates that the mention of the theft of church property could have been the record of the ruler?s prerogative. Finally, it was noticed that at least one more felony - treason - had to be the regulated by the ruler?s prerogative. It was a felony that could be committed only against the ruler and the throne, for which the ruler himself tried the guilty party. Examples have proven that this is the oldest ruler?s prerogative and a presupposition was made that other forms of court orders were introduced after this model.
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Beattie, Cordelia. « Married Women's Wills : Probate, Property, and Piety in Later Medieval England ». Law and History Review 37, no 1 (février 2019) : 29–60. http://dx.doi.org/10.1017/s0738248018000652.
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This article responds to a debate about the clash between canon law and common law positions on whether married women in England could make wills and what freedoms they had in terms of bequeathing property. In particular, it revises the argument that wives largely ceased to make wills c.1450 by arguing that local customs should be given more attention. The article offers a detailed study of the surviving wills in the deanery of Wisbech 1465–77, its linked diocese of Ely 1449–1505, and the probate acta of the Archdeaconry of Buckingham 1483–97, in order to demonstrate that there was regional variation in the decline in married women's will-making. In particular, a focus on court books, which included visitation material alongside the enrolled wills and probate acta, enables more to be said about the kinds of married women who continued to make wills and their motivations. The article argues that in these areas, as well as a continued tendency for wives who had some land or buildings to make wills, married women who had close connections with men who acted as churchwardens or jurors in church courts were also more likely to have their wills proved, even when they had little to bequeath.
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Klein, Elka. « The Widow's Portion : Law, Custom, and Marital Property among Medieval Catalan Jews ». Viator 31 (janvier 2000) : 147–64. http://dx.doi.org/10.1484/j.viator.2.300764.
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Ingram, Jill P. « Rogationtide Perambulation as Performative Law ». Journal of Medieval and Early Modern Studies 51, no 3 (1 septembre 2021) : 453–73. http://dx.doi.org/10.1215/10829636-9295023.
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This article draws on performance theory to examine perambulation practices in late medieval and early modern England. Rogation was originally a devotional celebration that also entailed a ritual walking of parish boundaries to define communities as legal and administrative units. Perambulators sometimes seized upon the occasion to draw attention to a culture of obligation that had been neglected. This essay looks at two such moments—the 1381 Revolt of St. Albans, when the commons rose against the abbot in the form of a perambulation, and a 1520–21 property dispute at South Kyme, Lincolnshire at Ashby Heath. In these instances, perambulators used the occasion of the public recognition of property boundaries as an opportunity to stage a complaint in an act of “performative law.” The complainants asserted their rights and liberties by means of a theatrical form that invited participants and spectators to assent in specific legal claims to the land in dispute.
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Bonfield, L., et L. R. Poos. « The Development of the Deathbed Transfer in Medieval English Manor Courts ». Cambridge Law Journal 47, no 3 (novembre 1988) : 403–27. http://dx.doi.org/10.1017/s0008197300120434.
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Property owners in modern common-law jurisdictions have a wide variety of legal instruments at their disposal to effect the inter-generational transfer of wealth. Indeed the object of much reform in the area of estate transmission in the course of this century has been to reduce the formality required to execute the comprehensive succession arrangements which anthropologists and historians have termed “strategies.” Yet the process of relaxation of formality has not produced a law devoid of requirement, because societal interest is thought at times to conflict with unimpinged informality of transfer. For example, legislatures and courts believe that some formality protects the property owner (who at the time his act has legal effect may be dead) from those who seek to influence or subvert the succession process. Moreover, because nearly all members of society partake of the process, the administrative burden on the judicial system is lessened when law provides a clear set of hurdles for a disposition to surmount in order to be valid. Likewise, the more detailed and tailored to these aims the requirements for validity are constructed, the less likely disputes regarding dispositions will arise. Thus, in modern law, the virtue of simplification is balanced with protective concerns, creating a law of wills and trusts on the one hand sufficiently complex both to embarrass practitioners and confound students, but leaving individuals relatively free to craft estate plans consistent with their own desires.
8
Gates, Lori A. « Widows, Property, and Remarriage : Lessons from Glastonbury's Deverill Manors ». Albion 28, no 1 (1996) : 19–35. http://dx.doi.org/10.2307/4051952.
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In an attempt to understand the public and private roles of medieval women in the English countryside, historians have devoted growing attention to widows as villein tenants and transmitters of land in manorial communities. Villein women are often recorded in manorial sources as co-tenants and recipients of property rights on their husbands' deaths. Although in Common Law the widow's share ranged from one-third to one-half of a free husband's lands, the villein widow often received a right to life usage of the whole of the conjugal estate upon her husband's death as her “free bench.” The extensive property-holding rights of these villein widows have made them rich subjects for study of their legal, social, and economic status and activities.Case studies based on manorial estates, however, have often focused exclusively on the widow as a transmitter of property and have subordinated the study of widows within a framework governed by considerations of land markets and property transmission. Medieval historiography contrasts with studies of early-modern and modern populations that have put elements such as age at widowhood, number of dependents, social status, personal choice in connection with widow remarriage, and provisions for widows at the forefront of study. By connecting work on widows and the landmarket with these other concerns it is possible to study medieval peasant widows within broader comparative perspective.
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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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Tomasiewicz, Marcin. « Conciliaristic sources of the modern legal concepts based on the thought of Matthew from Cracow ». Gubernaculum et Administratio 1(23) (2021) : 155–74. http://dx.doi.org/10.16926/gea.2021.01.10.
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The article aims to present the background of changes in the transition from medieval fief property to more individualized modern model. Conciliarism is considered to be an important factor supporting these changes. The conciliarist idea was presented on the basis of De squaloribus Curiae Romanae by Matthew from Cracow. Fiefdom ownership has been characterized as a legal construct where private legal rights are combined with the prerogatives of public authority. In turn, modern property resembles more structures known from Roman law, which are characterized by far-reaching sovereignty in disposing of property rights. In the course of the argument, it was shown that the issues determining the changes in the area of private law were the conciliarist ideas, such as the superiority of the Ecumenical council’s authority over the pope, the binding of public authority by law, and the separation of private law from the prerogatives of public authority.
11
Vogt, Helle. « Fledføring – elder care and the protection of the interests of heirs in Danish medieval laws ». Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no 3-4 (2008) : 273–81. http://dx.doi.org/10.1163/157181908x336873.
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AbstractThe Danish fledføring is a legal term referring to an institution which combined assistance to persons who, because of old age, illness or otherwise, were no longer able to provide for their own support, and the protection of their heirs' interests. During formal proceedings before the local court, the person in need would offer himself and all his property to his heirs, who would in return offer him food and shelter. The institution did not only entail material consequences regarding the property and the duty of maintenance, it also affected the legal status of the fledførte person, who lost all his personal rights and was placed under the guardianship of his heirs. Traditionally, the fledføring has been presented as an ancient form of care for the elderly. That view, however, should be questioned, for, arguably, the institution was more concerned about determining who was entitled in law to land and other property than about the care of those in need.
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van Vliet, Lars P. W. « Iusta Causa Traditionis and its History in European Private Law ». European Review of Private Law 11, Issue 3 (1 juin 2003) : 342–78. http://dx.doi.org/10.54648/erpl2003025.
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Abstract: The causal and abstract transfer theories regarding the transfer of ownership and other real rights developed in the 19th century. Before this time, from the medieval glossators to the 18th century, there were no consistent transfer theories at all. Legal history shows that a middle position between abstract and causal is possible. This perspective may be important when harmonisation of European property law forces us to opt for a harmonised transfer system: the choice is not confined to either causal or abstract but may cover midway solutions as well.
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Shatzmiller, Maya. « Women and Wage Labour in the Medieval Islamic West : Legal Issues in an Economic Context ». Journal of the Economic and Social History of the Orient 40, no 2 (1997) : 174–206. http://dx.doi.org/10.1163/1568520972600748.
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AbstractThe evidence of the late medieval period, 11th-15th centuries, indicates that women's participation in the labour market was both considerable and diversified. This paper studies whether and how women's wage labour was affected, controlled and regulated by laws, courts and judges, by using an array of the Mālikī legal sources from Muslim Spain and North Africa. It shows the existence of a legal approach straddling a strict application of the law of the ijāra, with adjustments to family law and admission of customary law, but more importantly, an approach inspired and adapted to the framework of women's property rights and therefore beneficial to them.
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Young, Andrew. « The Peace of God ». Rationality and Society 34, no 1 (27 décembre 2021) : 28–55. http://dx.doi.org/10.1177/10434631211065738.
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Scholars have argued that the politically fractured landscape of medieval Western Europe was foundational to the evolution of constitutionalism and rule of law. In making this argument, Salter and Young (2019) have recently emphasized that the constellation of political property rights in the High Middle Ages was polycentric and hierarchical; holders of those rights were residual claimants to the returns on their governance and sovereign. The latter characteristics—residual claimancy and sovereignty—imply a clear delineation of jurisdictional boundaries and their integrity. However, historians’ description of the “feudal anarchy” that followed the tenth-century disintegration of the Carolingian Empire does not suggest clearly delineated and stable boundaries. In this paper, I highlight the role of the Peace of God movement in the 11th and 12th centuries in delineating and stabilizing the structure of political property rights. In terms of historical political economy, the Peace of God movement provides an important link between the early medieval era and the constitutional arrangements of the High Middle Ages.
15
Halder, Debarati, et K. Jaishankar. « Property Rights of Hindu Women : A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India ». Journal of Law and Religion 24, no 2 (2008) : 663–87. http://dx.doi.org/10.1017/s0748081400001740.
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Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or marital landed property, and their right over succession of the landed family property was limited. With the emergence of different schools of Hindu law, the concept of stridhan started expanding its literal and legal meaning, granting women more rights to certain forms of property. Later, the nineteenth and twentieth centuries witnessed the passage of several pieces of legislation that were intended to remove more of the barriers to full and equal property rights for Hindu women. Most recently, sexual discrimination in Hindu succession rules was mostly discontinued by the recent Hindu Succession (Amendment) Act (2005).
16
Johnson, Tom. « Medieval Law and Materiality : Shipwrecks, Finders, and Property on the Suffolk Coast, ca. 1380–1410 ». American Historical Review 120, no 2 (1 avril 2015) : 407–32. http://dx.doi.org/10.1093/ahr/120.2.407.
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Petersson, Sandra. « Something for Nothing : The Law of Adverse Possession in Alberta ». Alberta Law Review 30, no 4 (1 avril 1992) : 1291. http://dx.doi.org/10.29173/alr1229.
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This paper is the winner of this year's William Morrow Essay competition. It traces the origin and evolution of the law of adverse possession. Petersson commences with a thorough overview of the current status of adverse possession in Canada. The reader is then transported back in time to medieval England to bear witness as historical forces forge the law into twin principles of extinction and acquisition. From the regal court of Henry II, the reader is then whisked to the humble offices of the Registrar of Land Titles as the paper guides one through modern property law relating to adverse possession. The journey ends with an enlightening discussion of the justifications for, and future of, adverse possession in Alberta.
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Rosati, Simone. « Community (Custom) vs. State (Law) : The Debate about Property in the Papal States in the 18th – 19th Centuries ». Studia Iuridica 80 (17 septembre 2019) : 335–53. http://dx.doi.org/10.5604/01.3001.0013.4817.
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During the 18th century, an increasingly strong individualistic attitude in the way of understanding the relationship between man and the tangible world spread throughout Europe. The legal institution which, more than any other, suffered from the effects of this reductionism was the Property as victim of incredible compression in comparison to medieval world. The exclusive model that the new Enlightenment and the bourgeois mentality wanted to adopt was the individual Property, to the detriment of all those forms of possession documented in the Middle Ages. The present study intends to investigate, in the geographical context of the Papal States, the great juridical dispute between the individualistic model – endorsed by the Sacred Legislator – and that of a collectivistic nature defended by the Community.
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Skvoznikov, A. N. « The concept and purpose of punishment in Russian medieval law ». Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no 3 (2022) : 34–39. http://dx.doi.org/10.18323/2220-7457-2022-3-34-39.
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The paper considers the evolution of the purpose of criminal punishment in the sources of Russian medieval law with regard to the subjective guilt of a law-violator. For a long time, the essence of punishment in Russian law was expressed not so much in the application of sanctions to an offender for violating the norm of behavior (a custom) by the latter, but in restoring the violated order (the truth) and satisfying the victim’s resentment by causing physical suffering to an offender, or to compensate an offense by recovering the property of an offender. The essence of punishment was expressed in the restoration of justice, which was understood as an equivalent retribution to an offender for the evil committed, causing offense, and violating the general order. Such an understanding of the idea of justice, inseparable from law, has historically become the core of Russian legal consciousness. The author used the methods of historical-legal and comparative-legal analysis to study the activities of the legislator to limit the use of retaliation (revenge) by victims against an offender carried out privately without the state power participation. The author concludes that in the late medieval period, during the formation of the Muscovite state in the XIV–XV centuries, punishment becomes a compensatory remedy representing not a private, but a public (state or class) interest. Punishment in the state hands becomes retribution (punishment) to an offender formally on behalf of the whole society, but, in fact, on behalf of the ruling class. The legislator begins to pay attention to the internal (subjective) attitude of a person to a committed offense and its consequences when sentencing.
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Smith, R. M. « Women's Property Rights Under Customary Law : Some Developments In The Thirteenth And Fourteenth Centuries ». Transactions of the Royal Historical Society 36 (décembre 1986) : 165–94. http://dx.doi.org/10.2307/3679064.
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MEDIEVAL England fell into that broader Eurasian region within which property from conjugal estates devolved on both men and women, either by inheritance or by certain mechanisms of pre mortem endowment. Although males were generally preferred heirs, demographic realities ensured that women would be found in a sizeable minority of instances as residual heirs. Given likely conditions of mortality and fertility, a wife would often have needed to bear at least four children to secure a sixty per cent chance of furnishing a son who would survive his father to inherit the estate. Indeed in stationary demographic conditions roughly twenty per cent of families would have only surviving daughters and no sons at the father's death. This female inheritance potential combined with the possibility of the transmission of pre mortem dowry to daughters in those families who were blessed with at least one male heir implies that considerable reorganization of land might occur at every generation.
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Chirkin, V. A. « GENESIS OF OLD RUSSIAN STATEHOOD AND THE PROCESS OF FORMATION OF THE PROPERTY INSTITUTION IN MEDIEVAL RUSSIA OF THE X-XIV CENTURIES ». Bulletin of Udmurt University. Series Economics and Law 30, no 6 (28 décembre 2020) : 894–907. http://dx.doi.org/10.35634/2412-9593-2020-30-6-894-907.
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Russian state and property formation and development in the middle ages in a narrow and broad sense, that is, in the economic, social and political sense, which creates a peculiarity in the development of this institution in the Russian history of state and law, influencing the views of representatives of the theory of state and law in Russia. It is noted that with a certain combination of factors and circumstances, the institution of property can and does flow or even covers the content of the concept of power, power “political”. The article is an attempt to understand the concept of “patrimony” in Russian historiography and related institutions, including the socio-psychological factor or mass consciousness.
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Lubin, Timothy. « The Theory and Practice of Property in Premodern South Asia : Disparities and Convergences ». Journal of the Economic and Social History of the Orient 61, no 5-6 (5 septembre 2018) : 803–50. http://dx.doi.org/10.1163/15685209-12341471.
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AbstractThis article reviews the main scholastic norms relevant to property and land rights in ancient and medieval India, and then surveys a range of inscriptions that illustrate the contours of land law in practice. The evidence suggests that India developed a sophisticated concept of landed property from earliest history, with conceptual tools and legal instruments to define the rights of owners vis-à-vis rulers, rival claimants, and holders of subordinate interests (such as tenants, cultivators, mortgagees, etc.). It further shows that although earlier inscriptions deployed those tools and instruments in a narrow range of transfers between rulers and Brahmins or other religious groups, subsequent periods provide evidence of an increasingly wider application, including gifts by non-elite donors, ordinary contractual land transfers, and resolution of property disputes. In some cases, the implication seems to be that the legal framework was more widespread in practice but generated durable records (in metal or stone) only for elite actors; in many cases, it seems likely that elite legal resources became more widely available over time. This survey also notes how documents bring to the fore aspects of property law—the role of councils and arbitrators in administering the law (rather than the king or his officers), or the use of documents to carve out special rights—that are less prominent in scholastic treatments such as Dharmaśāstra.
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Korpiola, Mia. « The deathbed marriage of Karl Knutsson Bonde : legitimization by subsequent marriage, property and family strategies in late medieval Sweden ». Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no 1-2 (2012) : 129–55. http://dx.doi.org/10.1163/157181912x626948.
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AbstractThe article discusses the reception of the canonical doctrine of legitimization by subsequent marriage in medieval Sweden. It analyzes what legal institutions were available in Sweden for pursuing individual property strategies. The article discusses especially how the doctrine was used in practice in the fifteenth-century case involving the marriage and inheritance of King Karl Knutsson Bonde. This case study demonstrates the conflict of interest between the presumptive heirs and the person using marriage as an instrument for changing the pool of presumptive heirs and effectively reducing the inheritance lots of the then heirs or disinheriting them altogether.
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Geary, Patrick J. « Land, Language and Memory in Europe 700–1100 ». Transactions of the Royal Historical Society 9 (décembre 1999) : 169–84. http://dx.doi.org/10.2307/3679398.
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Literacy and property have been among the dominant themes of early medieval history for more than a decade. Since the work of Rosamund McKitterick, Janet Nelson and others, contrary to the assumptions of an earlier generation of scholars, scholars have recognised that die written word profoundly influenced die transmission of die past and the control of the present in early medieval Europe. This was true not only in die highest circles of ecclesiastical and royal life, but also at much more humble levels across Europe. If, as Janet Nelson reminds us, even freedmen could still be referred to in die ninth century as ‘cartularii’, literally charter-men, ‘because of the written carta of manumission required by law courts as symbol and proof of liberation’, die written word reached indeed deeply into society.
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Сквозников, А. Н. « THE CONTENT OF THE CONCEPT OF «WINE» IN THE SOURCES OF RUSSIAN LAW XI-XVII CENTURIES ». Теория государства и права, no 4(20) (25 octobre 2020) : 207–19. http://dx.doi.org/10.47905/matgip.2020.20.4.013.
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Аннотация. В статье рассматривается возникновение и развитие института вины в русском средневековом праве. Автор приходит к выводу о том, что в русском законодательстве XI-XVII вв. понятие «вина» имело полисемантичное значение. Преобладало понимание вины в значении запрещенного деяния, в результате которого был причинен вред лицу или его имуществу и за которое обидчик (правонарушитель) обязан понести наказание. В русском средневековом обществе понимание вины постепенно эволюционировало в направлении от запрещенного деяния, причинившего вред, в область внутреннего отношения субъекта к содеянному и его последствиям. Annotation. The article discusses the emergence and development of the institution of guilt in Russian medieval law. The author comes to the conclusion that in the Russian legislation of the XI-XVII centurie the concept of «guilt» had a polysemantic meaning. The prevailing understanding of guilt in the meaning of a prohibited act, which resulted in harm to a person or his property and for which the offender (offender) is required to be punished. In Russian medieval society, the concept of guilt gradually evolved in the direction from the prohibited act that caused harm to the area of the subject's internal relationship to the deed and its consequences.
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Korzilius, Sven. « Property vs. Liberty : Procedural law and practice of freedom trials in Portugal and Brazil ». Fronteiras & ; Debates 4, no 1 (19 février 2018) : 55. http://dx.doi.org/10.18468/fronteiras.2017v4n1.p55-85.
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The article provides an overview of the historiographical debates on the relevance of law and courts for colonial slavery in the early modern, presenting several possible master narratives. Departing from the question about the legal sources used by the jurists of the early modern era producing “slave law in action”, the article focuses on procedural law of the freedom trials, especially on the interim situation of the person whose status the trial was about. This aspect of the proceedings is fascinating, because here the tension between the two extreme positions of the parties (liberty vs. slavery/property) is discharged for the first time. A close look at the sources proves that the jurists sought to justify the possible solutions not only with the custom of the courts (<em>stilus curiae</em>), but that a variety of legal formants contributed to colonial slave law, notably the authority of the Roman model, which the article presents shortly in its development, and of certain medieval forms, like the <em>summariissimum </em>or the <em>actio </em>(or<em> execeptio</em>)<em> spolii</em>. Legal doctrine was frequently quoted. As a result, Brazilian colonial slavery did not occur in a legal vacuum, but proves to have been highly institutionalized, and many aspects of the civil law of slavery appear as a relatively conservative continuation of European practice, without visible innovations to the favor or the detriment of the unfree population.
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Ristić, Milica. « Pojedini aspekti građanskopravnog položaja udatih žena u srednjovjekovnoj Engleskoj ». Vesnik pravne istorije 1, no 2/2020 (15 juin 2021) : 38–61. http://dx.doi.org/10.51204/hlh_20202a.
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The arrival of the Norman tribes in the territory of England inevitably meant the influence of the customs of these tribes on the formation of a new legal system, known as „common law”. Soon after, this system established the judicial precedent as the basic source of law, which made it significantly different from European continental legal systems. However, when it came to the position of women, the common law world was the same as the continental legal systems. It was the male world, as evidenced by the famous Blackstone’s thought that husband and wife are one, and that one is the husband. In the moment of marriage, the wife would lose her legal capacity, and her personality would be drowned in her husband’s power over her and her property. Considering many other restrictions on women’s rights that will be addressed in the paper, it is not surprising that widows enjoyed the best status in medieval England, mostly owing to the institute of dower. This injustice was corrected by the emergence of the justice system and especially the trust institute. This paper is dedicated to the stages of development of the rights of married women in medieval England from complete denial to their affirmation, and especially to the contribution of the institutions of equity law to that development.
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Katančević, Andreja. « Legal regime of land in the mining areas of medieval Serbia ». Zbornik radova Pravnog fakulteta, Novi Sad 54, no 3 (2020) : 1065–78. http://dx.doi.org/10.5937/zrpfns54-29388.
Texte intégralRésumé :
The aim of the research is to cast light on the legal regime of the mining area land in medieval Serbia and to answer to what extent Saxon customary mining law was accepted in this aspect and what the ratio legis of article 123 of Dušan's Code was? It seems likely that until the enactment of Dušan's Code it was possible to occupy land cleared for mining purposes and to acquire property of the mining area, which was previously res nullius. However, Dušan's Code changed this rule prescribing only the possibility of acquiring the time limited mining concession, which was motived by possible permanent monopolization of the land in the mining areas. At the same time, the Code proclaimed the right of ore search and exploration on the feudal lords' land. Similarities to the older Hungarian and Czech law indicates legal transplantation. The mining concession was regulated in Despot Stefan's Mining Code for Novo Brdo, which prescribed detailed rules for losing the concession in the case of neglecting the mining activity. Based on similarities one can assume that these rules were mostly the reception of the Saxon customary mining law, also written in late medieval mining laws of Hungary and Czechia. However, the small differences may show that after one and a half century the Serbian mining community introduced its own unique rules. Research is based on linguistic, systematic and historical analysis of the sources as well as the regressive analysis and comparative method.
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Sredinskaya, Natalia. « On the Question of the Peculiarities of the Translation of Legal Texts ». ISTORIYA 13, no 11 (121) (2022) : 0. http://dx.doi.org/10.18254/s207987840023065-0.
Texte intégralRésumé :
The article examines the use and translation of key terms of Roman law: “proprietas”, “possessio” and “detentio”, which were used in medieval texts in one way or another; at least when it comes to the act material of medieval Italy. Despite the fact that the translation of “possessio” as «владение» has been established in Russian romanistics, the translator must take into account that in Russian the use of the words «владение», «владелец» has certain features. The main problem is that until now, often (with the exception of scientific works of lawyers), the term «владелец» is used to refer to the person who owns the property right, the owner, contrary to the dichotomy between the concepts of «владение» and «собственность». Problems also arise when translating into English. Belonging of England to the Anglo-Saxon legal system leads to difficulties in transferring legal terms of the continental system based on Roman law. Researchers and translators of Latin legal texts can avoid accusations of inaccuracy by resorting to the use of legal terms in Latin in the text, or by duplicating the Latin translation of such a term into English or another language.
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Vinokurova, Marina. « Problem of Legal Inheritance of English Medieval Borough : Borough Customs about Debt Obligations ». ISTORIYA 12, no 9 (107) (2021) : 0. http://dx.doi.org/10.18254/s207987840017053-7.
Texte intégralRésumé :
This article is devoted to the problem of legal inheritance of the medieval English boroughs in the field of debt obligations (their regulation by borough customs). Usually this legal regulation was linked with the process of attachment, distress and further confiscation of property in case of default of a debtor. Borough customs organized everyday life of boroughs in due way and brought to life an element of “civilized approach” in the sphere of law. They minimized behavioral anarchy when collecting debt. In spite of the fact that in some boroughs the right of collecting belonged to a creditor, who could distress his debtor right in the street, nevertheless the process of distress wasn’t marked by a total legal arbitrariness. In many cases distress was prohibited inside the house in order not to brake its private space, and a debtor usually received a summon to appear in court (sometimes it was sent thrice). Attachment and subsequent trail provided a special legal procedure and its proper order in the actions of both plaintiffs and defendants, including their behavior before the Jury. Besides, after the sale of property on the account of debt, a defendant could (and often was obliged) initiate so-called replevin, that is return to himself a part of property (or its monetary expression) which had not been sold after cash coverage of debt. He had to initiate so called affidation (appeal to bailiffs through the court). At the service of the persons connected with debt obligations was also a custom of withernam, which provided a collective responsibility of borough community for financial “costs” of its members.
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Scott, Rebecca J. « Social Facts, Legal Fictions, and the Attribution of Slave Status : The Puzzle of Prescription ». Law and History Review 35, no 1 (12 décembre 2016) : 9–30. http://dx.doi.org/10.1017/s0738248016000560.
Texte intégralRésumé :
This article explores a core question in the law of slavery: how was an individual's status as slave or free socially discerned and formally adjudicated? Under the doctrine of “freedom by prescription,” a person who had in good faith “lived as free” could argue that the absence of exercise of ownership for a specified term of years extinguished a prior owner's title. In the medieval Siete Partidas of Alfonso the Wise, which continued as a legal point of reference in Louisiana well after the end of Spanish rule, both the law of status and the law of property confirmed this path to freedom. From 1808 onward, Louisiana jurists and legislators sought to eliminate the remnants of the doctrine, but it lingered in popular and even judicial consciousness. The 1853 kidnapping of a woman named Eulalie Oliveau, six of her children, and eleven of her grandchildren for sale in the New Orleans slave market brought the question of “freedom by prescription” back into the courts. The awkward resolution of that case, and the uncertain fate of Eulalie Oliveau and her children, foreshadowed Reconstruction-era struggles over the content of legal freedom and the rights that freedom might bring to those who had once been held as property.
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Sredinskaya, Natalia. « To the History of International Law : the Property Rights of the Citizens of Local Centres of Italy in the 14th and 15th Centuries in Foreign Territory ». ISTORIYA 12, no 9 (107) (2021) : 0. http://dx.doi.org/10.18254/s207987840017155-9.
Texte intégralRésumé :
This paper considers what the archival material of the 14th and 15th centuries can tell us about this question: how and to what extent the rights of the inhabitants of certain northern Italian cities (Ferrara, Cremona, Padua and Venice) were protected if their property was located in foreign territory and/or their property interests could be restricted by the power structures of another Italian centre. The first problem concerned the property of the Church. A study of the documentary material shows that one way of preserving the property of the Church on foreign territory, despite the increasing tendency of secular rulers to seize church lands, was to place it in possession of the local population on a secure basis - emphyteusis, livelles, or other type of long-term use. The second problem was enforcing the contracts, i.e. suing the party which had not fulfilled or improperly fulfilled their terms if the infringer was on foreign soil. The records show that this was most probably enshrined in agreements between the Italian city-states and was incorporated by means of a special formula in the treaties. The third problem was related to the property rights of the inhabitants of medieval Italy, whose real estate, together with the territory in which it was situated, passed under the jurisdiction of another ruler. A study of the lettere ducali shows that such legal relations were based on treaties between the rulers of Italian territorial states and became the subject of diplomatic correspondence
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Ersland, Geir Atle. « Plot longevity and urban land tenure : a Norwegian case study ». Urban Morphology 14, no 1 (17 août 2009) : 21–29. http://dx.doi.org/10.51347/jum.v14i1.3952.
Texte intégralRésumé :
The longevity of plot boundaries has been observed by many scholars and in different geographical regions. The hypothesis that the persistence of plot boundaries is related to the legal position of the plot holder (or renter) is explored in this paper, focusing on the Norwegian town of Bergen. The concept of ‘right to use and possess’ found in medieval law is shown to have had a major influence in maintaining existing plot patterns in Bergen over many centuries. The property owner could not change or amalgamate his plots if this conflicted with the interests of the plot holder. Thus the town’s plot structure was preserved even after fire.
34
Straumann, Benjamin. « Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi ». Grotiana 26, no 1 (2007) : 341–65. http://dx.doi.org/10.1163/187607508x366454.
Texte intégralRésumé :
AbstractRoman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius (1604-1606) and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum.
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RENO, EDWARD A. « AD AGENDAM PENITENTIAM PERPETUAM DETRUDATUR MONASTIC INCARCERATION OF ADULTEROUS WOMEN IN THIRTEENTH-CENTURY CANONICAL JURISPRUDENCE ». Traditio 72 (2017) : 301–40. http://dx.doi.org/10.1017/tdo.2017.13.
Texte intégralRésumé :
Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and treats further questions that detrusio raised. Detrusio was originally a pastoral provision, meant to provide a woman rejected by her husband for adultery an opportunity to enter religious life. But in the hands of the jurists detrusio became a coercive ecclesiastical penalty for adultery. The practice raised further concerns, for example: how the woman's property was to be treated; whether the woman sentenced to detrusio became a religious; whether a monastery should be a site of confinement for the laity; and, under what conditions a husband could take his adulterous wife back. The case was also raised of a man who accused his wife of adultery so that he could dissolve his marriage and enter a monastery.
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Matveyeva, T. « Formation of the continental system of European law by the example of the Old Athens and the Sparta ». Analytical and Comparative Jurisprudence, no 2 (24 juillet 2022) : 20–26. http://dx.doi.org/10.24144/2788-6018.2022.02.3.
Texte intégralRésumé :
The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way.
The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
Legislation had a special system-forming significance in the formation of the new law.
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Ross, Danielle. « Complex Legal Lives : Separated Muslim Women’s Financial Rights in Russia (1750s–1820s) ». Genealogy 6, no 3 (30 août 2022) : 72. http://dx.doi.org/10.3390/genealogy6030072.
Texte intégralRésumé :
This article seeks to recover the financial rights of separated women living in the Muslim communities of Russia’s Volga-Ural region in the eighteenth and early nineteenth centuries. It argues that by the 1780s–1820s, separated Muslim women were guaranteed certain rights and powers over their marital finances and personal property. These rights emerged out of a complex plural legal landscape created by the Volga-Ural region’s complicated religious and political history in the late medieval and early modern periods. By the end of the eighteenth century, separated Muslim women could claim certain financial rights under both Islamic law and Russian civil law, but had to pursue different kinds of claims through different legal systems. The legal landscape and practices that evolved in relation to separated women’s rights during the early modern period became formalized and institutionalized in the nineteenth century and persisted until the collapse of the Russian empire.
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Belamarić, Josip. « Kuća u Splitskom statutu – građenje, održavanje, rušenje ». Ars Adriatica, no 5 (1 janvier 2015) : 67. http://dx.doi.org/10.15291/ars.517.
Texte intégralRésumé :
t can be said that the town statute of Split and the stipulations concerning the everyday life in this medieval town are not characterized by the aim to create an ideal city and, in this, they are far from the long-range urban planning contained in the statute of Dubrovnik. The fact that less than five per cent of the stipulations in the statute of Split relate to urban planning ought to be understood as indicatingthat the town, set in Diocletian’s Palace and determined by its structures, had already been defined to a large extent and that it functioned well and fulfilled the needs of its inhabitants. Thirty chapters of the statute deal with different aspects of the development of medieval Split and its everyday maintenance. This article focuses on the relationship between the local government and private property, that is, with the cases of private spaces being transformed into public spaces and the ‘ritualistic erasures’, that is, the demolition of houses whose owners committed treason and broke the law. This phenomenon of demolition as setting example was not limited to medieval Split but was recorded in other Dalmatian communes (in Omiš and Dubrovnik as late as the eighteenth century) and this discussion of it is based on the examination of a wider set of primary sources.
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Belamarić, Josip. « Kuća u Splitskom statutu – građenje, održavanje, rušenje ». Ars Adriatica, no 5 (1 janvier 2015) : 67. http://dx.doi.org/10.15291/ars.928.
Texte intégralRésumé :
It can be said that the town statute of Split and the stipulations concerning the everyday life in this medieval town are not characterized by the aim to create an ideal city and, in this, they are far from the long-range urban planning contained in the statute of Dubrovnik. The fact that less than five per cent of the stipulations in the statute of Split relate to urban planning ought to be understood as indicating that the town, set in Diocletian’s Palace and determined by its structures, had already been defined to a large extent and that it functioned well and fulfilled the needs of its inhabitants. Thirty chapters of the statute deal with different aspects of the development of medieval Split and its everyday maintenance. This article focuses on the relationship between the local government and private property, that is, with the cases of private spaces being transformed into public spaces and the ‘ritualistic erasures’, that is, the demolition of houses whose owners committed treason and broke the law. This phenomenon of demolition as setting example was not limited to medieval Split but was recorded in other Dalmatian communes (in Omiš and Dubrovnik as late as the eighteenth century) and this discussion of it is based on the examination of a wider set of primary sources.
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Havrylenko, O. « Formation of the foundations of criminal law in medieval Kafa and Budva : a comparative legal study ». Uzhhorod National University Herald. Series : Law 1, no 73 (10 décembre 2022) : 7–12. http://dx.doi.org/10.24144/2307-3322.2022.73.1.
Texte intégralRésumé :
The article is devoted to highlighting the processes of formation, as well as clarifying and comparing the characteristic features of the complex of legal norms that determined crimes and punishments in the communities of the cities of Budva, located on the eastern coast of the Adriatic Sea, and Kafa (modern Feodosia) on the northern coast of the Black Sea. In the period under consideration, both cities were under the control of the Italian trading republics (Venice and Genoa), which was reflected in the content of local legal monuments and prompts researchers to compare and compare their legal systems.
It is shown that already in the 12th–13th centuries in the coastal cities located on the territory of the Northern Black Sea and the eastern coast of the Adriatic, separate elements of medieval criminal law were gradually formed, which were partly formed on a local basis, and partly brought here from the legal systems of Genoese and Republic of Venice. The Statute of Budva and the Statute of the Genoese colonies on the Black Sea are valuable sources that allow us to get an idea of the main features of the local criminal law of that time. The first of them was developed earlier, but was influenced by Venetian law after 1443, the second (in the last version) was approved by the government of Genoa on February 28, 1449.
From the texts of the statutes, it is clear that both in Kafa and Budva, a clear definition of the crime was never developed (and, ultimately, it could not be), but its general understanding covered actions that harmed the state, the urban community, or a specific private person The damage could be physical, moral or material.
At the same time, it is worth noting that the legal opinion of the time did not yet draw a clear line between the concepts of "crime" and "offence". In practice, they often coincided. Memoranda of law in a number of cases determined the circumstances aggravating the guilt of the criminal. There was a concept of a multiple crime, that is, the concept of a person committing two or more criminal acts, each of which had the characteristics of an independent crime. Already in those days, the perpetration of not one, but two or more criminal acts by a person was considered evidence of the greater danger of criminal activity and resulted in a more severe punishment.
It is noted that the statutes contain references to several categories of criminal acts. Among them are state (against the urban community) and official crimes, crimes against justice, in the economic sphere, criminal acts directed against the person, against property (property crimes), against religion, against the family and morality. The fact that a whole series of crimes, which were undoubtedly committed at that time, were not provided for by the norms included in the statutes, draws attention.
It was concluded that over time, criminal law, both in Kafa and Budva, acquires more and more distinct specific features inherent in the local legal system, and becomes noticeably more complex.
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Gottschalk, Karin. « Does Property have a Gender ? Household Goods and Conceptions of Law and Justice in Late Medieval and Early Modern Saxony ». Medieval History Journal 8, no 1 (avril 2005) : 7–24. http://dx.doi.org/10.1177/097194580400800102.
Texte intégral
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Trivellato, Francesca. « “Amphibious Power” : The Law of Wreck, Maritime Customs, and Sovereignty in Richelieu's France ». Law and History Review 33, no 4 (12 octobre 2015) : 915–44. http://dx.doi.org/10.1017/s0738248015000437.
Texte intégralRésumé :
The precise length of territorial waters, the swath of sea along the coast over which a state extended sovereign control, remained an object of debate during the seventeenth century. Some authors still adhered to the 100-mile boundary established by medieval glossators, whereas others embraced the so-called cannon-shot rule that set the limit to the reach of a shot fired from the land. But no one disputed the existence of territorial waters. Even Hugo Grotius (1583–1645), then Europe's greatest champion of the freedom of the sea, followed Roman law in conceding that a state could exert its sovereignty over littoral waters or inlets in a shoreline (diverticula maris). This rare point of agreement between theorists ofmare liberum(the free sea) and defenders ofmare clausum(the closed sea) did not eliminate all controversies concerning the governance of coastal waters. Particularly contentious were domestic and international disputes over the property rights on the cargo of sunken ships. What sources of law governed the assignment of ownership of salvaged wreckages? Who was entitled to compensation for assisting in the recovery efforts? And how did legal claims square with political maneuvering in domestic and interstate disputes over wreckages?
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Seybold, Steffen. « Dass jemand des anderen solle sein : Unfreiheit im Sachsenspiegel ». Zeitschrift der Savigny-Stiftung für Rechtsgeschichte : Germanistische Abteilung 132, no 1 (1 août 2015) : 479–94. http://dx.doi.org/10.7767/zrgga-2015-0116.
Texte intégralRésumé :
That one should be someone else’s property. Bondage in the Sachsenspiegel. It is often assumed that the Sachsenspiegel (Saxon Mirror), a private medieval compilation of Saxon law, contradicted bondage fundamentally with its revolutionary demand for freedom. This article challenges the established view by explaining that the Sachsenspiegel’s author, Eike von Repgow, merely argued against the usurpation of another person’s freedom while accepting bondage by contract. This contractual approach at least implied a mitigation of bondage. Eike tried to refute common justifications of bondage derived from biblical narratives. Because he took these narratives as true stories, he brought forward arguments of historical analysis instead of dogmatic considerations. Nowadays, bondage within the Sachsenspiegel is often equated with serfdom, while Eike described the status of a bondsman rather like that of a slave.
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Mencel, Marian. « Political and Economic Conditions in East Asia Under the Influece of the European Regime in the 16th–17th Century ». Studia Gdańskie. Wizje i rzeczywistość XVI (27 mars 2020) : 97–118. http://dx.doi.org/10.5604/01.3001.0014.2516.
Texte intégralRésumé :
In the article, an attempt was made to identify the most important factors that contributed to the loss of dominant position of China in the South-East Asian region under the influence of the expansion of the European countries, which consisted inter alia of: competition – which revealed in the crushed medieval Europe; the scientific revolution, espe-cially in the fields of mathematics, astronomy, physics, chemistry and biology, to the transition to a capitalist and a highly industrial economy; the development of the rule of law and representative government based on the law of private property, liberating modern methods of economy and economics; modern medicine allowing to increase the quality and length of life; the development of the consumer society – releasing tech-nological progress in order to meet the growing demand; a high level of work ethic – revealing by the increase in productivity and the accumula-tion of capital; the influence of cultural civilization of ancient Greece, Rome and Christianity – acting in all of the areas of the socio-political and economic Europe.
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Grzybowski, Jacek. « Paulus Vladimiri and Stanislaus de Scarbimiria – medieval Krakow law school and the Polish contribution to the formation of the rights of nations ». Chrześcijaństwo-Świat-Polityka, no 24 (27 mai 2020) : 25–38. http://dx.doi.org/10.21697/csp.2020.24.1.18.
Texte intégralRésumé :
The formation of medieval national communities constitutes the basis of political and cultural European history. However, it is almost forgotten nowadays that a significant contribution to reflections on sovereignty was made by Polish scholars. Stanisław of Skarbimierz (Stanislaus de Scarbimiria – 1365-1431) and Paweł Włodkowic (Paulus Vladimiri – 1370-1435), medieval Cracovian jurists and philosophers, are rather unknown in the Western milieu. Both of them added their voices to one of the most important disputes for European political culture. The 15th-century debate between Jagiellonian Poland and the Teutonic Order that conquered the Prussian lands became the basis for Polish lawyers to develop an ingenuous theory concerning human rights and the rights of nations. Stanisław of Skarbimierz and Paweł Włodkowic, the founders of the Polish school of law at the Cracow Academy, in their writings and letters, firmly demonstrated injustice, the breaking of basic human rights, injuries, and other crimes perpetrated by the Teutonic knights against the Prussians, Lithuanians, Yotvingians and Poles. The scholars elaborated on the most important problems of law and international relationships, concerning the issues of human rights, the right to self-determination, just war, respect for personal property and human dignity. The doctrine of the Polish School of international law elaborated by Paul Wladimiri and Stanislaw of Skarbimierz have had and still make a considerable impact on the understanding of human rights and rights of nations. Their works and sermons espouse the craving for international justice, while securing national interests, and for a model of Europe as a “family of independent and sovereign nations” whose coexistence is founded on the Christian anthropology according to which a man as endowed by God with dignity and freedom. The works of the Cracovian masters should impress us and make proud of our legacy, while in Europe they should awaken interest and creative thought.
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Dobosz, Józef. « The Location (And Founding) of a Town of Poznań in Light of the Earliest Documents and Narrative Sources ». Studia Historiae Oeconomicae 31, no 1 (1 décembre 2013) : 3–18. http://dx.doi.org/10.2478/sho-2013-0001.
Texte intégralRésumé :
Abstract The paper addresses the issue of the origins of the town of Poznań founded in mid-13th century under German law. The birth of the charter town on the left bank of the Warta river is illustrated first and foremost by sources: documents from the mid-13th century, particularly a location charter of 1253, and narrative sources, e.g. The Wielkopolska Chronicle and yearly records written in Wielkopolska. The town was the work of Przemysł I, the duke of Wielkopolska, who sorted out property issues on the left bank of the Warta, made grants and granted privileges, erected his new castle next to the new town, and together with his brother Bolesław issued a location charter in 1253. The duke’s action resulted in the rise of one of the most important urban centers in medieval Poland.
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Shepard, Alexandra, et Tim Stretton. « Women Negotiating the Boundaries of Justice in Britain, 1300–1700 : An Introduction ». Journal of British Studies 58, no 4 (octobre 2019) : 677–83. http://dx.doi.org/10.1017/jbr.2019.84.
Texte intégralRésumé :
AbstractThis introduction places the articles featured in this special issue of the Journal of British Studies within the context of recent scholarship on late medieval and early modern women and the law. It is designed to highlight the many boundaries that structured women's legal agency in Britain, including the procedural boundaries that filtered their voices through male advisers and officials, the jurisdictional boundaries that shaped litigation strategies, the constraints surrounding women's appearance as witnesses in court, the gendered differentiation of rights determined by primogeniture and marital property law, and the boundaries between legal and extralegal activity. Emphasizing the importance of a nuanced approach, it rejects the construction of women's litigation simply as a form of resistance to patriarchal norms and also urges caution against overestimating or oversimplifying the choices available to women in legal disputes or their latitude to operate as autonomous individuals. Gender intersected in British courts with locality, resources, jurisdiction, social status, and familial, religious, and political affiliations to inform different women's access to justice, which involved negotiations between unequal actors within various constraints and in complex alignment with multiple and often competing interests.
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Kang, Chung Hae. « Commons under the Common Law and the Governance Structure of the Park ». LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no 2 (30 décembre 2022) : 89–114. http://dx.doi.org/10.34267/cblj.2022.33.2.89.
Texte intégralRésumé :
‘Commons’ under the common law does not yet have an established legal definition, but it is understood that in addition to natural objects such as land, forests, and rivers, it includes manufacturing devices or organizations such as physical public spaces (parks, etc.), cooperatives, and trusts for future generations. Even before the concept of commons in English and American law was established, the collective common law norms of communities that dominate life in the region, especially in rural areas, already existed, and it was partially confirmed as legislation in the British Forest Charter in 1217. During the colonial period, the United States operated a commons based on the primitive British law of joint ownership of land and livestock. the Boston Common, America's first park, originated from a common pasture.
However, Commons is declining amid the flow of the expansion of powers of emperors, kings, and nobles, the enclosure movement in the era of the Industrial Revolution, and the expansion of private property rights. However, in 1990, Elinor Ostrom has shown through empirical research that the governance structure of the commons is still working well today beyond the medieval era. Beyond the power of both the market and the bureaucratic state on which the present park laws is based, it is necessary to rebuild Commons principles and to apply that principles to the park laws. And it will rebuild a cooperative relationship between individuals, strengthen the network of individuals who are park users, and reorganize them the right to access and use to the park.
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Brown, Warren. « Conflict, Letters, and Personal Relationships in the Carolingian Formula Collections ». Law and History Review 25, no 2 (2007) : 323–44. http://dx.doi.org/10.1017/s0738248000002947.
Texte intégralRésumé :
Over the last few decades, scholarship on early medieval conflict has been driven and shaped by the kinds of sources that scholars have used. The different source genres offer their own characteristic pictures of the ways that people processed disputes in the early Middle Ages. Narrative sources, for example, such as chronicles or saints' lives, tend in the process of achieving their narrative orhagiographic goals to highlight violence, extra-judicial settlement, and the ritual or symbolic expression of disputes and disputeresolution. Normative sources, such as law codes or royal legislation (for example, the capitularies issued by Carolingian kings), naturally emphasize institutional tools for handling conflict, such as formal judicial assemblies and judicial procedures, royal judicial officials, and laws. Archival sources from the period consist primarily of charters, that is, records of rights or privilege ranging from diplomas issued by kings and emperors to the property records of churches andmonasteries. These tend to blend the images produced by the first two source genres. Often they record the formal resolution of propertydisputes in judicial assemblies headed by kings, counts, or their representatives; often they refer to laws or imply that the cases theydeal with were covered by some generally recognized set of norms. Charters also, however, provide a great deal of evidence for extra-judicial negotiation and settlement, as well as for ritual and public symbolic communication as a part of dispute processing.
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Höhn, Philipp, et Alexander Krey. « Schwächewahrnehmungen und Stadtbucheditionen. » Hansische Geschichtsblätter 135 (30 juin 2020) : 19–73. http://dx.doi.org/10.21248/hgbll.2017.86.
Texte intégralRésumé :
City books (Stadtbücher) reflect the practice of urban law and are among the most important records for medieval German urban (legal) history. Since the 19th century, scholars have analysed them extensively and edited several such registers. Studying the intellectual history of three different editorial approaches to these records allows us to analyse the editors’ underlying assumptions and the way they reconstructed the working of the law in the past. Fritz Rörig (1882 – 1952), an economic historian, viewed the Lübeck urban registers as sources for economic and constitutional history. Consequently, Rörig judged much of the material they contain as ‘useless’, contaminations which could not be ignored, but had to be presented as briefly as possible in tabular form. Editing the Cologne property registers (“Schreinsbücher”) Hans Planitz (1882 – 1954), a legal historian interested in ‘German Law’ (Deutsches Recht), viewed these registers as records of legal practice which embodied (unwritten) Cologne law. Consequently, he omitted all material not suited to reconstructing that body of law. Wilhelm Ebel (1908 – 1980), a legal historian, was also selective in editing the verdicts of the Lübeck town council. In contrast to Planitz and Rörig, Ebel was convinced that legal practice was derived directly from normative law. Thus, it should be possible to analyse individual verdicts in order to reconstruct the substance of Lübeck law. An analysis of his edition, however, shows that Ebel failed to distinguish between edition and interpretation. If, as he believed, Lübeck law had been a coherent and stable body of law for 700 years, then it was necessary to mold the inchoate verdicts in the sources to fit the model and to nudge readers to reach the ‘right’ conclusions. All three editorial approaches were governed by the perception that their sources were not quite fit for purpose. These deficits could only be eliminated by selecting, calendering, abridging or visualizing the source material. In consequence, they overlooked the fact that these registers were based on day to day legal practice.