Legal history Books

Book SynopsisIn Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.Trade Review'Emiliano Buis’s book, Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece, is one of the rare books to look at Classical Greece texts and norms from various religious, political, social, literary and artistic sources, through the prism of international humanitarian law (IHL), and offers a fascinating perspective on the historical roots of IHL. This book allows readers to get an in-depth view into how norms, interpolity relations and laws common to the classical Greeks were conceived during the Peloponnesian War period (431–404 BCE), and provides an enlightening analysis of some of the precursory roots of what we know today as ius ad bellum and ius in bello. Not only is the book based on meticulous research, but each of its sections is also supported by numerous examples and quotations of the original texts used as reference sources, with their English translation, allowing readers to fully appreciate how the norms and ideas preceding modern-day IHL were expressed.' Marie-Louise Tougas, in: International Review of the Red Cross, p. 1-7. Published online 18 July 2019. "The book’s greatest strength is Buis’ engagement both with the ancient evidence and with recent thinking in the field of International Law, a combination often allows for unexpected and stimulating insights. This monograph will be valuable both for students of international law seeking an introduction to Greek thinking and practices, and for classical Greek historians interested in the perspectives of the discipline of International Law". Peter Hunt, in H-Soz-Kult. Kommunikation und Fachinformation für die Geschichtswissenschaften (2019).Table of ContentsForeword  Randall Lesaffer Preliminary Considerations Acknowledgments List of Figures and Maps Introduction  1 Between Ares and Athena  2 In-between Custom and Convenience: Analyzing the Restrictive Discourse of War  3 Towards International Law in the Ancient World: Practices and Contexts  4 Inhumane Acts, Human Words: Analyzing the Restrictive Discourse of War Part 1: The Concepts 1 Normativity, Hegemony, and Democratic Performance: The Case of Classical Athens  1 International Normativity, Subordination, and Political Imposition in the Ancient World  2 Justice, Law, Laws and Decrees: The Issue of Terminology  3 Nomothesia: The Act of Legislating  4 Dramatic Competitions and Athenian Festivals  5 Justice as Spectacle in Athens: Judicial praxis  6 The Assembly, the Theater, and the Courts: Performative Activities of Democracy  Summation: Democracy as Performative Ritual 2 Greek poleis and Their International Subjectivity  1 Towards an Archaeology of the Subject: Did Legal Entities Have a Legal Personality in the Greek World?  2 The Role of the polis in the Signing of Treaties during the Peloponnesian War  Summation: International Subjectivity in Ruins Part 2: The Rules 3 Ius ad bellum and Its Limits on Inter-polis Law  1 The Rhetoric of the Use of Armed Force in the Greek World  2 The Vocabulary of the Grounds: The Spoken and the Unspoken in Thucydides  3 Considerations on Guilt, Responsibility, Motivation and Encouraging: Helen’s Case  4 Exoneration from the Attack: The Adversary’s Responsibility  5 A ‘Legal’ Rhetoric of Self-Defense?  Summation: Restraining the Use of Armed Force 4 Ius in bello and Its Limits in Inter-polis Law  1 Greek Warfare between Military Necessity and Limitation  2 The Legal Matrix: The Foundations of “Common,” “Universal,” Inter-polis, and Intra-Hellenic Law  3 Geneva in Greece: The nomos of the Greeks with Respect to the Protection of Victims and Practices in Wartime: Humanitarian Limits?  4 The Hague in Greece: The nomos of the Greeks with Respect to the Restriction of Means and Methods of Warfare: Humanitarian Limits?  5 Responding to Atrocity: Prosecution of War Crimes?  Summation: Towards a Framework of Restraint Conclusions: About Apples, Branches, and Humanitarian Strategies Appendix A: Chart of Treaties Signed by Greek poleis during the Peloponnesian War (431–404) Appendix B: Digital Images of Treaties and Decrees Bibliography  1 Ancient Sources (Critical Apparatus of Greek Texts, Translations and Comments)  2 Critical Bibliography  3 Instrumenta studiorum Index

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Book SynopsisThe contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.Table of ContentsList of Illustrations Notes on Contributors 1 Introduction  Heikki Pihlajamäki, Albrecht Cordes, Serge Dauchy and Dave De ruysscher 2 Mercantile Conflict Resolution in Practice: Connecting Legal and Diplomatic Sources from Danzig c. 1460–1580  Justyna Wubs-Mrozewicz 3 Justitia in Commerciis: Public Governance and Commercial Litigation before the Great Council of Mechlin in the Late Fifteenth and Early Sixteenth Century  Alain Wijffels 4 Honore et utile: The Approaches and Practice of Sixteenth-century Genoese Merchant Custom  Ricardo Galliano Court 5 The Abandonment to the Insurers in Sixteenth-century Insurance Practice: Comparative Remarks and (A Few) Methodological Notes  Guido Rossi 6 Historiographical Opportunities of Notarized Partnership Agreements Recorded in the Early Modern Low Countries  Bram Van Hofstraeten 7 How Normative were Merchant Guidebooks? Of Customs, Practices, and … Good Advice (Antwerp, Sixteenth Century)  Dave De ruysscher 8 Sources of Commercial Law in the Dutch Republic and Kingdom  Boudewijn Sirks 9 The Files and Exhibits of the Imperial Chamber Court and Aulic Council as Sources of Commercial Law  Anja Amend-Traut 10 Legal, Moral-Theological, and Genuinely Economic Opinions on Questions of Trade and Economy in Fifteenth- and Early Sixteenth-century Germany  Eberhard Isenmann 11 The Birth of Commercial Law in Early Modern Sweden: Sources and Historiography  Heikki Pihlajamäki 12 Svea Court of Appeal Records as a Source of Commercial Law: The Founding Year of 1614  Mia Korpiola 13 Tracing the Speculation Bubble of 1799 in Newspapers, Court Records, and Other Sources  Margrit Schulte Beerbühl 14 The Rise of Usages in French Commercial Law and Jurisprudence (Seventeenth-Nineteenth Centuries): Some Examples  Edouard Richard 15 On the Origins of the French Commercial Code: Vicissitudes of the Gorneau Draft  Olivier Descamps 16 Court Records as Sources for the History of Commercial Law: The Oberappellationsgericht Lübeck as a Commercial Court (1820–1879)  Peter Oestmann Index of Names Index of Places Index of Subjects

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Book SynopsisIn May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.Trade Review"This delightful and imaginative book of essays will alter the way in which one writes about cases and constitutional rights. The book should inspire future collaborations among artists, legal scholars, courts, and local communities. It deserves to be widely read. [...] Painting Constitutional Law liberates us to reimagine our own engagement with constitutional cases and doctrines, forcing us to see and confront the cases as emotions, colors, and shapes and to recognize their inherent disruption. May this book be the first of a new genre". Mary Sarah Bilder, Glossae, European Journal of Legal History 18 (2021).

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Book SynopsisThe volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Masè, Anthony Musson, Tuula Rantala, Elsa Trolle Önnerfors, and Jakub Wysmułek.Trade Review"This volume recommends itself with its careful consideration of the ways law and practice interacted, as well as its attention to how gender influenced how law could be deployed to carry out final wishes. It is also valuable in bringing the legal system and practice of early modern Scandinavia to the fore of legal studies, which have often focused more on studies of England and France, broadening our understanding of early modern legal histories". Janine Lanza, in Renaissance Quarterly, Renaissance Quarterly, 73 (1), pp. 269-270.Table of ContentsList of Illustrations and Figures List of Contributors 1 Introduction  Mia Korpiola and Anu Lahtinen Part 1: Range of Legal Options and Their Use 2 Inheritance Law, Wills, and Strategies of Heirship in Medieval Sweden  Mia Korpiola and Elsa Trolle Önnerfors 3 Monastic Donations by Widows: Morning Gifts as Assets in Planning for Old Age and Death in Fifteenth-Century Sweden  Tuula Rantala 4 Competing Interests in Death-Related Stipulations in South Tirol, c. 1350–1600  Christian Hagen, Margareth Lanzinger, and Janine Maegraith Part 2: Wills, Property Strategies, and Testamentary Practice 5 Medieval English Lawyers’ Wills and Property Strategies  Anthony Musson 6 Men and Women Preparing for Death in Renaissance Venice (c. 1200–1600)  Federica Masè 7 Mutual Testaments in Late Medieval Stockholm, c. 1420–1520  Marko Lamberg Part 3: Wills, Property, and Authority 8 Wills as Tools of Power: Development of Testamentary Practice in Krakow during the Late Middle Ages  Jakub Wysmułek 9 Deathbed Strife and the Law of Wills in Medieval and Early Modern England  R.H. Helmholz 10 The Will of Filippa Fleming (1578), Family Relations, and Swedish Inheritance Law  Anu Lahtinen Index of Persons General Index

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Book SynopsisThis comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.Trade ReviewThe press about volume 1 in the series: "[The book] succeeds as an excellent point of entry to what at times can seem like a highly complex subject. [..] [The editors] and their fellow contributors have undoubtedly got the new series off to the strongest possible start." – Warren Swain, The Edinburgh Law ReviewTable of ContentsList of Figures and Tables Notes on Contributors Part 1 Chronology  Introduction   M.C. Mirow and Victor M. Uribe-Uran 1 Law Before European Contact: Mesoamerica   Jerome A. Offner 2 The Sun’s Mandates: Customary Law in the Andes   Susan Elizabeth Ramírez 3 Law in Spanish and Portuguese America: the Early Colonial Period   Heikki Pihlajamäki 4 From Justice to Law: Late Colonial and Early Republican Eras   Sarah C. Chambers 5 Liberalism   Timo H. Schaefer 6 Enacting Legal Reforms, Reshaping Modern Societies: the Transformation of Latin American Law from 1930 to the Present   Cristián Villalonga Part 2 Historical Actors 7 Legal Education and the Legal Profession   Rogelio Pérez-Perdomo 8 The Panorama of Indigenous Legal History   Brian P. Owensby 9 Africans and Afro-Americans   Robert J. Cottrol 10 Enslaved Humans   Mariana Dias Paes 11 Women   Alex Wisnoski 12 Immigrants and Outsiders   Diego Acosta 13 Peasants and Workers   William Suárez-Potts Part 3 Selected Topics 14 Land and Other Property   Agustín Parise 15 Commercial Law, Business, and Commerce   Óscar Cruz Barney 16 Law and Labor Rights   Juan Manuel Palacio 17 Criminal Law   Alejandro Agüero 18 Filiation, Marriage, Family, and Domestic Conflicts   Victor M. Uribe-Uran 19 The Church   M.C. Mirow 20 The Welfare State   Eduardo Zimmermann 21 Constitutions, Rights, and Government   Marta Lorente Sariñena 22 Legal Pluralism   Tamar Herzog Index

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Book SynopsisPre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management. Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.Trade Review"Das Werk bildet damit inh ervorragender Weiseden State of the Art eines Themas ab, das in den letzten Jahren intensiv bearbeitet wurde, was es zu einem Band macht, um den man künftig nicht herumkommen wird, wenn man sich mit maritimen Konflikten im Atlantik- und Mittelmeerraum befasst." Philipp Höhn, Martin Luther University Halle-Wittenberg in: Zeitschrift für Historische Forschung (ZHF) Volume 49, Issue 3 (2022).Table of Contents Acknowledgements  List of Abbreviations  List of Tables  Notes on Contributors  Introduction: Flotsam and Jetsam in the Historiography of Maritime Trade and Conflicts   Louis Sicking and Alain Wijffels 1 The Courts, the Qadi, and the ‘People’: Resolving Mercantile Disputes in the Medieval Islamic Mediterranean   Jessica Goldberg 2 Finders Keepers, Losers Weepers? Byzantine Shipwreck and Salvage in the Eleventh and Twelfth Centuries   Daphne Penna 3 Bjarkeyjarréttr and Fárrmanna Logh: Norse or European Laws of the Sea?   Ian Peter Grohse 4 Du conflit aux conflits : marchands et gens de mer lors de la rupture de trêve en 1224 entre les rois anglais et français   Laurence Jean-Marie 5 Maritime Conflicts and Their Resolution in Castile in the Thirteenth through the Fifteenth Centuries  Eduardo Aznar Vallejo and Roberto J. González Zalacain 6 Maritime Conflicts and Larceny in the Bay of Biscay from the Fourteenth to the Sixteenth Centuries  Ana María Rivera Medina 7 Lutte contre la piraterie et construction de normes partagées entre chrétiens et musulmans en Méditerranée médiévale  Dominique Valérian 8 Towards a Criminalisation of Piracy in Late Medieval England  Thomas K. Heebøll-Holm 9 L’émergence du pirate atlantique dans le royaume de France à la fin du Moyen ge  Pierre Prétou 10 Maritime Conflict among Hundred Years’ War Allies  Tiago Viúla de Faria 11 In the Shadow of Other Empires: Genoese Merchant Networks and Their Conflicts across the Atlantic Ocean, ca. 1450–1530  Carlo Taviani 12 Handling Conflicts in Long-Distance Trade: A View of the Mediterranean through the Experience of Merchants Operating in the Kingdom of Valencia in the Late Sixteenth-Century   Ana Belem Fernández Castro 13 Mediterranean and Atlantic Maritime Conflict Resolution: Critical Insights into Geographies of Conflict in the Early Modern Period   Cátia Antunes and Kate Ekama 14 The Commercial Practices of Portuguese Jewish Merchants in London and Their Dispute with Samuel Hayne, Riding-Surveyor for his Majesty’sCustoms, 1680   Catarina Cotic Belloube 15 When the War Came to Barbary: Dutch Traders and the Management of Their Entry into Conflict with Algiers, 1755–1757   Thierry Allain 16 Les conflits permanents entre corsaires et neutres: L’exemple de la France et du Danemark au XVIIe siècle   Pierrick Pourchasse  Index of names of persons

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Book SynopsisThroughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.Trade Review'Ulrike Müßig’s book blazes an original trail along a fruitful path of contemporary legal historiography: the past is revisited in the light of the present day, paying particular attention to current legal mechanisms. [...] this type of enquiry certainly leads to interesting results, which will undoubtedly spark discussion and thus carry forward research. It is to be hoped that this book will open up an international debate into the methods and purposes of comparative historical legal research, as the author’s background as a constitutionalist enables her to illustrate classical issues from a fresh perspective.' Annamaria Monti (Università Bocconi), in: Comparative Legal History, 2020, pp. 1-3. '[this] is a work of impressive scope. This substantially expanded third edition, newly accessible to an English-speaking readership, traces the history of the notion of fair judicial process in a quest to understand what makes a “legally competent judge”. However, Judiciary as constituted power is more than just a comparative European history of justice. It is also a fine analysis of contemporary British and French court systems, as well as the fair trial guarantees provided by Article 6 of the European Convention on Human Rights. [...] We cannot but agree with Professor Müßig’s conclusion that Europe is united through a specific European idea of justice.' Angelika Nußberger & Guido Raimondi (President and Vice-President of the European Court of Human Rights), in the Foreword to this volume. 'For anyone wishing to understand the modern European conception of the judicial role, this work provides a valuable explanation of its origins in the historical development of the judiciary in three of Europe’s most influential legal systems. It also explains the ways in which the judicial role varies in different European societies, and the historical reasons for those variations: variations which, in my experience, can sometimes give rise to mutual bafflement and misunderstanding when judges from different countries gather together. Its publication is greatly to be welcomed.' Robert Reed, The Supreme Court, in the Preface to this volume. "Die Arbeit gehört ohne Zweifel zu den grundlegenden Werken, die in letzter Zeit im Bereich der vergleichenden Rechtsgeschichte geschrieben worden sind". Ignacio Czeguhn, in Beck Online , 2020.

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Book SynopsisThis book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.Trade Review"Jeannette Kamp offers a well-designed, deeply researched, and carefully nuanced study that highlights the gendered nature of early modern crime". Jesse Spohnholz, in Washington State University doi:10.1017/rqx.2021.149Table of ContentsAcknowledgements List of Illustrations 1 Introduction  1 Forgotten Women: Putting Gender in Histories of Crime  2 Crime and Social Control  3 Crime and the City  4 History of Crime in Early Modern Frankfurt  5 Composition of the Book  6 Setting the Scene: Frankfurt am Main as a Case Study for Female Crime  7 Sources 2 A Multi-Layered Legal System: Criminal Justice in Early Modern Frankfurt  1 The Administration of Justice in a Multifaceted Legal Landscape  2 Investigation of Criminal Offences: about the Formation of the Verhöramt  3 Prosecuted Crimes and Boundaries of Jurisdiction  4 Criminal Procedures  5 Policing and Social Control  6 Conclusion 3 Gender and Recorded Crime: Long-Term Patterns and Developments  1 Women in Recorded Crime  2 Urbanisation and Female Offending  3 Gendered Patterns of Crime  4 Fluctuations over Time  5 Women Facing Crisis  6 Conclusion 4 Transcending Dichotomies: Gender, Property Offending and the ‘Open House’  1 Female Property Offending and the Public/Private Dichotomy  2 Gendered Patterns of Property Crimes  3 Social Profile of Property Offenders  4 Locations of Theft: Transcending the Private and the Public   4.1 Theft from Dwelling Houses   4.2 Other Locations  5 Between Necessity and Fashion  6 Distributing of Stolen Goods  7 Domestic Theft  8 Criminal Prosecution and Household Control  9 Conclusion 5 Between Control and Agency? The Prosecution of Sexual Offences  1 Disciplining or Assisting? Women and the Regulation of Morals  2 Legal Developments  3 Prosecuting Sexual Offences  4 Sin versus Crime or Institutional Differentiation?  5 Changes in Time: from Adultery to Illegitimacy  6 Unwed Mothers before the Court  7 Between Plaintiff and Defendant: Women and the Prosecution of Illegitimacy  8 Infanticide, Abortion and Child Abandonment  9 Conclusion 6 Transgressing Social Order: Mobile Men and Women  1 Migration and the Importance of Settledness in Frankfurt  2 Vagrancy Laws and the Labelling of Unwanted Mobility  3 Controlling Male and Female Mobility: Diverging Approaches  4 Mobility as a Crime before the Verhöramt  5 Precarious Independence  6 The Malefizbuch, an Example of Gendered Framing of Unwanted Mobility  7 Penal Exclusion and the Importance of Banishment in Early Modern Criminal Justice  8 The Practice of Returning— a Reflection of Female Settledness?  9 Conclusion 7 Conclusions  1 The Case of Frankfurt and the European Pattern of Female Crime  2 Impact of Authoritative Social Control Structures  3 Agency of Women  4 Future Perspectives Appendix Sources Bibliography Index

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Book SynopsisInternational law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.

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Book SynopsisInternational Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.Table of Contents Introduction   Randall Lesaffer and Inge Van Hulle Part 1: International Law and Revolution 1 Napoleon 1814–1815: A Small Issue of Status   James Crawford 2 The Law of Nations and the Common Law of Europe: The Case of Edmund Burke   Camilla Boisen 3 Uneasy Neutrality: Britain and the Greek War of Independence (1821–1832)   Viktorija Jakjimovska Part 2: International Law and Empire 4 Equality of Non-European Nations in International Law   Andrew Fitzmaurice 5 British Humanitarianism, International Law and Human Sacrifice in West Africa   Inge Van Hulle 6 The Mahmoud Ben Ayad Case and the Transformation of International Law   Raphael Cahen 7 Public-Private Colonialism: Extraterritoriality in the Shanghai International Settlement   Stefan Kroll Part 3: The Rise of Modern International Law 8 Permanent Neutrality or Permanent Insecurity? Obligation and Self-Interest in the Defence of Belgian Neutrality, 1830–1870   Frederik Dhondt 9 The Role of Comparative Law in the Development of Modern Private International Law (1750–1914)   Ana Delic 10 The Institute of International Law’s Crisis in the Wake of the Franco-Prussian War (1873–1899)   Vincent Genin

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Book SynopsisThe Development of Commercial Law in Sweden and Finland provides a broad perspective on recent research into the history of North European commercial law in a comparative and international framework. The book brings together themes that have previously been considered largely from a national perspective. Despite Sweden's and Finland's peripheral locations in Europe, global legal phenomena took place there as well. These countries were at the crossroads of cultures and commercial interests, allowing us to re-examine them as lively laboratories for commercial laws and practices rather than dismissing them as a negligible periphery. The importance of trade and international transactions cannot be disclaimed, but the book also emphasizes the resilient nature of commercial law. Contributors are: Dave De ruysscher, Stefania Gialdroni, Ulla Ijäs, Marko Lamberg, Heikki Pihlajamäki, Jussi Sallila, and Katja Tikka.Table of Contents List of Illustrations  Notes on Contributors 1 Introduction: A Swedish-Finnish Viewpoint  Katja Tikka and Jussi Sallila 2 “Unlawful Contracts and Foreign Subtlety’’ – (In)Tolerance towards External Legal Customs and Traditions in Late Medieval and Early Modern Stockholm, c. 1475–1635  Marko Lamberg 3 Chartered Companies in Sweden, the Dutch Republic and England (c.1600–c.1630): Experiments in Corporate Governance  Dave De ruysscher 4 The Swedish Tar Company – Balancing Between Privileges, Commerce and Foreign Politics  Katja Tikka 5 Invisibility and Information: Commercial Legal Practices at the Grass-Roots Level in a Nineteenth-Century Finnish Timber Trading Company  Ulla Ijäs 6 Commercial Law on the Periphery: University Teaching of Commercial Law in Finland, ca. 1780–1846  Jussi Sallila 7 The Making of Modern Scholarship of Commercial Law in Nineteenth- and Twentieth-Century Finland: Models and Adaptations  Heikki Pihlajamäki 8 Sweden and Finland: A Lively Laboratory for Commercial Laws and Practices  Stefania Gialdroni  Index

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Book SynopsisHow did people solve their disputes over debt, compensation, inheritance and other civil matters in early China? Did they go to court? How did the authorities view those problems? Using recently excavated early Chinese legal materials, Zhang Zhaoyang makes the compelling argument that civil law was not only developed, but also acquired a certain degree of sophistication during the Qin and Han dynasties. The state promulgated detailed regulations to deal with economic and personal relationships between individuals. The authorities formed an integral part of the formal justice system, and heard civil cases on a regular basis.

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Book SynopsisMaking use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.Table of ContentsContents Preface and Acknowledgments List of Facsimiles, Illustrations and Maps Transliteration and Pronunciation of Turkish and Romanian Abbreviations Part 1: Ottoman Law of War and Peace 1 Islamic Tradition and the Ottoman Law of War and Peace Part 2: The Danube as a Gazi River 2 The Ottoman Ideology of Holy War 3 Ottoman Holy War to the North of the Danube Part 3: Submission and Conquest 4 The Islamic Ottoman Law of Peace 5 Obeying Ottoman Sultans in Southeastern Europe: a Chronological Survey 6 From Allegiance to Conquest: Terminology, Meanings, Myths Part 4: Covenants and Customs 7 Ottoman Peace Agreements 8 Oaths as a Guarantee of Fidelity 9 Pacta Sunt Servanda and Tributary Status 10 Customary Practices Part 5: Tribute-Payers and Protected Peoples 11 Sultans and Voivodes 12 Voivodes as Tribute-Payers 13 Reʿayas and Protected Peoples 14 Tributary-Protected Principalities Conclusion Glossary of Ottoman Turkish Terms and Locutions on War, Peace and Tributaries Table of Correspondence Bibliography Index

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Book SynopsisBased on consilia and decisiones, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law (ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.Table of ContentsAcknowledgements Introduction  §1Need for Credit in the Golden Age(s) and Its Normative Framework  §2Research Questions  §3Methodological Considerations  §4Structure  1Consilia and Decisiones in the Low Countries  §1Introduction  §2Consilia and Decisiones: A General Framework  AConsilia  BDecisiones  §3Consilia in the Low Countries  AThe first Printed Consilia: Nicolaas Everaerts and Angelus a Sancto Ioanne  BLeuven Law Professors and Their Consultation Practice (ca. 1550 – 1590)  CLearned Legal Practitioners: The Kinschot Family (ca. 1580 – 1650) and Antoon Anselmo  DA Humanist Counsellor: Jean de Deckher de Walhorn (1583–1646)  ELearned Consultations by a Canon Lawyer: Franciscus Zypaeus (1580–1650)  FJacob Coren  GThe Hollandic and Utrecht Consultations: Disordered and Varied Collections  §4Decisiones in the Low Countries  ACollections of Decisiones from the Northern Low Countries  BPrinted Collections of Decisiones from the Southern Low Countries  §5Conclusion  2Simple Money Lending and the Taking of Interest  §1Introduction  §2Money Loans and the Law of Evidence  AProof of Original Payment of the Capital  BProof of Mutual Intention  COther Impediments to a Claim for Restitution: The S.C. Macedonianum  DProof of Repayment of the Money Lent  §3The Taking of Interest  AIntroduction  BContractually Stipulated Interest for the Duration of a (money) Loan  CInterest in Case of Default (mora)  DSome Questions on the Proof of Usury  ESanctions  §4Conclusion  3Sale of Annuities  §1Introduction  §2Constitution of Annuities  §3Enforcement of Annuities: The Issue of Prescription  §4Redemption, Reduction and Forced Restitution of Annuities  ARedeemability and Reductibility by the Seller of the Annuity  BReduction of Annuities Through the Enactment of Tax Legislation  CForced Restitution of the Capital  §5Conclusion  4Transfer of Bonds and Claims  §1Introduction  §2Cession and Assignment  AIntroduction  BProof of a Cession: Transfer and Causa  CAlternative Causae for the Transfer of a Bond  DConsequences of a Cession and Its Revocability  ERecourse Liability  FLegal Remedies by the Ceded Debtor  GIntermediate Conclusion  §3Delegation and Novation  AIntroductory Remarks  BProof of Novation  CRecourse Liability  DLegal Remedies by a Delegated Debtor  EIntermediate Conclusion  §4Bonds to Bearer  AIntroduction  BThe Solution of the Ius Commune  CThe causa of the Transfer  DLegal Remedies by the Debtor Against the Bearer  ERecourse Liability by the Bearer Against the Transferor  FQuestions of Proof  GIntermediate Conclusion  §5Bills of Exchange  AIntroduction  BAcceptance by the Drawee  CLiability of the Drawer  DLiability of the Remitter of a Bill of Exchange  EBills of Exchange and Usury  FDetermination of the Exchange Rate  GIntermediate Conclusion  §6Conclusion  5Partnerships, Representation and Sea Loans  §1Introduction  §2The Law of Partnerships  AFoundation of Partnerships  BLiability of Partners vis-à-vis Third Parties  CRelationship between Partners  DLeonine Clauses and Triple Contracts  ETrade in Shares  §3Representation in Financial Affairs  AIntroductory Remarks  BClaims by Principals and/or Agents  CClaims against the Principal  DA mandate should not Harm the Institor  §4Sea Loans (faenus nauticum)  §5Conclusion  6Monetary Fluctuations and Debts  §1Introduction  §2One-time Payments  AIntroductory Remarks  BCoinage to be Used  CApplicable Rate or Valuation  DIntermediate Conclusion  §3Recurring Payments  AIntroductory Remarks  BRate of Payment: Relevant Location  CRate of Payment: Relevant Time  §4Conclusion  Conclusion  §1Research Questions and the Core Sources  §2The Evolution of the Normative Framework on Loans and Credit: A Summary  §3Transregional Multinormativity  §4Moral Theology  §5North and South: An Age of Estrangement?  §6Consilia and Decisiones  §7Open Questions  Bibliography  Netherlandish Sources of Learned Legal Practice: The Core Material  Other Primary Sources  Customary Law and Ordinances  Legal Historical Literature  Index

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Book SynopsisThis book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.Table of ContentsThe Critical Attitude and the History of International Law  Jean d’Aspremont  Abstract  Keywords  1 Markers, Periodization, Causal Sequencing, effet du réel and the Writing of Historical Narratives  2 The Rise of Disciplinary Histories in International Law  3 The ‘Historical Turn’ and the Burgeoning of Critical Histories  4 The Continuous Complacency of Contemporary Critical Histories  5 The Impossibility of Critical Historiography and the Idea of Radical Historical Critique  6 Concluding Remarks  Bibliography

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Book SynopsisThe driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.Table of ContentsNotes on Contributors 1 Residential Right in the Course of Time: Changes in the Legal Institution of the Inkolat in the Bohemian Crown Lands  Jiří BrňovjákandMarek Starý 2 Legal Transfers and National Traditions: Patterns of Modernization of the Administration in Polish Territories at the Turn of the 19th Century  Michał Gałędek 3 National Modernization through the Constitutional Revolution of 1848 in Hungary: Pretext and Context  Imre Képessy 4 Restoring the Hungarian Historical Constitutional Order with a Coronation in 1867  Judit Beke-Martos 5 The Privy Council Appeal and British Imperial Policy, 1833–1939  Thomas Mohr 6 Direct Impact on Hungarian Migration Policy of the 1870 Agreement on Citizenship between the United States and Austria-Hungary (1880s–1914)  Balázs Pálvölgyi 7 Political Systems in Transition and Cultural (In)dependence: The Limits of a Legal Transplant in the Example of the Brazilian’s Court of Auditors Birth  Marjorie Carvalho de Souza 8 Constitutional Systems of Free European States (1918–1939)  Tadeusz Maciejewski and Maja Maciejewska-Szałas 9 Local Citizenship in the Croatian-Slavonian Legal Area in the First Yugoslavia (1918–1941): Breakdown of a Concept?  Ivan Kosnica 10 Nazi Law as Pure Instrument: Natural Law, (Extra-)Legal Terror, and the Neglect of Ideology  Simon Lavis Index

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Book SynopsisThis book aims to shed light on the juridical field of the Khanate of Khiva at the end of the 19th and the beginning of the 20th century. The ‘Khanate of Khiva’ is the term employed in Western historiography to denote the political formation that was put in place by the Qonghrats. The latter was a dynasty of Uzbek origin that ruled roughly between the last quarter of the 18th century and 1920. It ruled over the region known as Khorezm (Ar. Khwārazm), one of the biggest oases of Central Asia, traversed by the Amu Darya and nestled within the territory of what is today Uzbekistan, Kazakhstan, and Turkmenistan. The main objective of this work is to show that prior to Sovietization the dispensation of justice in Khorezm depended mostly on a group of officials who represented the dynasty in power, but who lacked any specialised legal training. It is important to reflect on this particular aspect of the legal system developed by the Muslim principality that we refer to as ‘the Khanate of Khiva,’ for conventional wisdom says that the practice of law in pre-modern Muslim societies was usually the business of the ʿulamāʾ, i.e., the scholars of Islam.Trade Review"Paolo Sartori und Ulfat Abdurasulov haben sich beide in den letzten Jahren intensiv um die Erkundung zentralasiatischer Archivmaterialien verdient gemacht. [...] Neben der vor allem in der Einleitung vorgetragenen Darstellung und Analyse dieses auf den Herrscher zentrierten Rechtswesens ist der Band auch eine beachtliche editorische Leistung. Die Autoren – und Herausgeber – haben aus dem sehr großen Corpus der im Staatsarchiv von Usbekistan in Taschkent aufbewahrten Urkunden ein Sample von 73 Stücken ausgesucht, die das analysierte Verfahren veranschaulichen und gleichzeitig die Analyse stützen. Die Urkunden werden mit einem zusammenfassenden und erläuternden Text eingeleitet, was nötig ist, weil Leser sonst die Eigenheiten des Falles erst aus der spezifischen Sprache herauslesen müssten. Die Übersetzungen folgen, diese halten sich eng genug an die Vorlage, sind aber keine Interlinearversionen. Oft werden zentrale Passagen auch in der Originalsprache, aber in Umschrift gegeben. Die gleichen Urkunden hat man dann auch in der Lesung und als Faksimile. [...] Eine hervorragende Leistung!" – Jürgen Paul, in OLZ 116.4–5 (2021).Table of ContentsContents Preface and Acknowledgments Note on Transcription and Nomenclature Glossary Introduction  1 Crime and Punishment in an Uzbek Khanate  2 The Historical Setting  3 Who Were the Yasāvulbāshīs?  4 ʿArż as a Form of Governance  5 On Protocol  6 Documents  7 What Was the Cost of the ʿarż? Documents 1 Rescripts  Document 1 28 Ẕī al-ḥijja 1328 / 30 December 1912. A Rescript by the yasāvulbāshī about a Dispute over Inheritance  Document 2 9 Shavvāl 1328 /13 October 1913 A Rescript by the yasāvulbāshī about a Dispute over the Payment of Dowry  Document 3 13 Shavvāl 1328 /17 October 1913. A Rescript by the yasāvulbāshī about a Dispute over Landownership  Document 4 23 Ẕī al-ḥijja 1328 / December 25 1910. A Rescript by the yasāvulbāshī about a Marital Dispute  Document 5 17 Ẕī al-ḥījja 1328 / 19 December 1910. A Rescript by the yasāvulbāshī about a Dispute over Debts  Document 6 7 Shavvāl 1328 / 11 October 1910. A Rescript by the yasāvulbāshī about a Dispute over an Ancestral Undivided Property  Document 7 17 Shavvāl 1328 / 21 October 1910. A Rescript by the yasāvulbāshī Instructing an Attendant to Investigate the Circumstances of a Dispute  Document 8 13 Ẕī al-qaʿda 1336 / 20 August 1918. A Rescript by the yasāvulbāshī about a Dispute over a Contested Inheritance  Document 9 7 Rabīʿ al-s̱ānī 1336 / 19 January 1918. A Rescript by the yasāvulbāshī about a Dispute over Landownership  Document 10 24 Rabīʿ al-avval 1335 / 7 January 1917. A Rescript by the yasāvulbāshī about a Dispute over Landownership  Document 11 17 Shaʿbān 1328 / 26 May 1918. A Rescript by the yasāvulbāshī about a Case of Murder 2 Reports  Document 12 8 Shavvāl [?]. A Report by qāżīs to the yasāvulbāshī about a Marital Dispute  Document 13 4 Rabīʾ al-s̱ānī 1335 /27 January 1917. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Custody  Document 14 24 Ṣafar 1334 / 30 December 1915. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over a Dowry  Document 15 Jumādī al-s̱ānī 1336 / March 1918. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 16 Rabiʿ al-avval 1335 / December 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Domestic Violence  Document 17 27 Rajab [1330] / 12 July [1912]. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Water Rights  Document 18 22 Jumādī al-avval 1335/ 15 March 1917. A Report by a Provincial Governor to the yasāvulbāshī about Maintenance Works of the Irrigation System  Document 19 1328 / 1910. A Report by qāżīs to the yasāvulbāshī on Land Assessment Works  Document 20 19 Ẕī al-ḥijja 1334 / 16 October 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Marital Dispute  Document 21 27 Ramażān 1336 / 6 July 1918. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Debts  Document 22 16 Rabīʿ al-s̱ānī 1335 / 8 February 1917. A Report by Provincial Governor and the qāżīs to the yasāvulbāshī about a Dispute over Landownership  Document 23 27 Shaʿbān 1336 / 08 June 1918. A Report by a Provincial Governor to the yasāvulbāshī about the Death of a Man Involved in an Altercation  Document 24 Jumadī al-s̱ānī 1336 / March–April 1918. A Report by a Provincial Governor to the yasāvulbāshī about Malfeasance  Document 25 7 Muḥarram 1336 / 23 October 1917. A Report to the yasāvulbāshī about a Case of Murder  Document 26 19 Jumādī al-s̱ānī 1332 / 14 May 1330. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Landownership  Document 27 1335 / 1916-1917. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 28 8 Muḥarram 1335 / 3 November 1916. A Report by qāżīs to the yasāvulbāshī about a Case of Extortion  Document 29 9 Shaʿbān 1334 / 10 June 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Losses Caused by Yomut Turkmens  Document 30 28 Ramażān 1336 / 7 July 1918. A Report by a Provincial Governor to the yasāvulbāshī about Malfeasance  Document 31 10 Rabīʿ al-s̱ānī 1332 / 7 March 1914. A Report to the yasāvulbāshī about the Extinguishment of a Debt  Document 32 15 Shavvāl 1328 / 9 October 1910. A Report by a Provincial Governor to the yasāvulbāshī about the Extinguishment of Debt  Document 33 9 Rabīʿ al-avval 1335 / 2 November 1917. A Report by a Provincial Governor to the yasāvulbāshī about the Extinguishment of Debt  Document 34 n.d. A Report of qāżīs to the yasāvulbāshī about a Dispute over Landownership  Document 35 8 Ramażān 1336 / 17 June 1918. A Report by a Provincial Governor to the yasāvulbāshī about Rights on a Thoroughfare  Document 36 Jumādī al-avval 1336 / February–March 1918. A Report by a Group of Officials to the yasāvulbāshī about a Dispute over Taxes in Favor of Yomut Turkmens 3 Notifications  Document 37 8 Ramażān 1334 / 8 July 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Assault and Robbery  Document 38 25 Ẕī al-qaʿda 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 39 25 Ẕī al-qaʿda 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft  Document 40 15 Jumādī al-s̱ānī 13[?] / [?]. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Armed Robbery  Document 41 5 Rajab 1336 / 16 April 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery and Assault  Document 42 n.d. A Notification by qāżīs to the yasāvulbāshī about a Case of Domestic Violence  Document 43 Shaʿbān 1335 / May–June 1917. A Notification by a Provincial Governor and qāżīs to the yasāvulbāshī about a Man’s Death  Document 44 18 Shaʿbān 1334 / 19 June 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Bride-Kidnapping  Document 45 26 Jumādī al-avval 1336 / 09 March 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Bride-Kidnapping  Document 46 7 Jumādī al-s̱ānī 1336 /19 March 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery and Homicide  Document 47 17 Rabīʿ al-s̱ānī 1335 / 9 February 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Assault  Document 48 22 Rabīʿ al-s̱ānī 1335 /14 February 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft  Document 49 22 Rabīʿ al-avval 1335 / 15 January 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Double Homicide  Document 50 18 Rajab 1336 / 29 April 1918. A Notification by a Provincial Governor to the yasāvulbāshī about Multiple Cases of Robbery and Homicide  Document 51 Dhī al-s̱ānī 1335 / September–October 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 52 5 Shaʿbān 1336 / 15 May 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Dispute over Rights of Inheritance  Document 53 12 Ẕī al-qaʿda 1336 / 19 August 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft  Document 54 15 Jumādī al-avval 1335 / 8 March 1915. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Homicide  Document 55 5 Jumādīʾ al-avval 1329 / 3 March 1911. A Notification to the yasāvulbāshī about a Case of Homicide  Document 56 25 Ṣafar 1335 / 20 December 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 57 2 Jumādī al-avval 1335 / 24 February 1917. A Notification by Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 58 27 Rajab 1339 / 5 April 1921. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery  Document 59 1334 / 1915–1916. A petition to the yasāvulbāshī regarding a Case of Robbery and Assault  Document 60 1335 / 1916–1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Dispute over an Unpaid Debt  Document 61 14 Ẕī al-qaʿda 1337 / 10 August 1919. A Letter by the Turkmen Yomut Leader Junayd Khān to the yasāvulbāshī about the Appointment of a New qāżī to Solve Conflicts among the Ata Turkmens  Document 62 8 Ramażān 1332 / 30 July 1914. A Notification by a Provincial Governor to the yasāvulbāshī about the Intention of the Disputing Parties to Solve the Dispute before the khan  Document 63 24 Rabīʿ al-s̱ānī 1332 / 21 March 1914. A Notification by a Provincial Governor to the yasāvulbāshī about the intention of the disputing parties to solve the Dispute before the khan 4 Qāżīs’ Reports  Document 64 n.d. A Report by a qāżī-raʾis about the Intention of the Disputing Parties to Solve the Dispute before the khan  Document 65 7 Shaʿbān 1267 / 6 June 1851. A Report by a qāżī-raʾis to Authorities in Khiva about the Outcome of a Conflict at a Local Bazaar  Document 66 n.d. A Report by a qāżī to the Royal Court about a Dispute over Land Ownership  Document 67 n.d. A Report by a qāżī to the Royal Court about an Unspecified Dispute  Document 68 n.d. A Report by a qāżī to the Royal Court about a Conflict over an Unpaid Fee and an Ensuing Case of Assault  Document 69 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide  Document 70 n.d. A Report a qāżīs to the Royal Court about a Case of Homicide  Document 71 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide  Document 72 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide  Document 73 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide  Facsimiles Bibliography Index of Places Index of Proper Names

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Book SynopsisKnowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity. The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture. Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.Trade Review"[...] Knowledge of the Pragmatici unites eleven contributions of the highest quality that announce a paradigm shift in the field of legal history. [...] Apart from its merits in broadening the scope of legal historical research, this groundbreaking volume opens up many avenues for further research on a host of topics that are of interest to researchers specializing in a variety of scholarly subjects, ranging from the history of the Jesuit order through colonial studies or, for that matter, the translation, in Ibero-America, of the early modern synthesis between moral theology and ius commune." Wim Decock, KU Leuven, Belgium. In: Journal of Jesuit Studies, Vol. 8, No. 3 (2021), pp. 515–517. "Superbly documented, this volume is a valuable addition to the ever-increasing literature on the use and implementation of normative languages in Spanish and Portuguese colonial America." Joerg Alejandro Tellkamp, Universidad Autónoma Metropolitana, Mexico City. In: The Americas, pp. 3-4. Published online 28 June 2021. doi:10.1017/tam.2021.51 "Knowledge of the Pragmatici: Legal and Moral Theological Literature and the Formation of Early Modern Ibero-America is a well-edited, coherent collection of excellent articles. The volume is highly recommended and contributes significantly to the growing literature on early modern canon law and colonial legal history". Heikki Pihlajamäki, in Comparative Legal History, 2021. "Los autores de este libro colectivo logran demostrar el valor que la literatura pragmática tuvo en la Iberoamérica colonial. Con sus sólidas y novedosas aportaciones confirman su difusión, su funcionalidad y su potencial para la adaptación normativa. Sin duda, a partir de ahora, los estudiosos de la historia del derecho y de la historia judicial de los imperios ibéricos y, en definitiva, todos aquellos que trabajen con fuentes legales, tendrán que tener en cuenta el impacto de este género en la configuración del conocimiento legal colonial y en la puesta en práctica de esta normatividad". Pilar Latasa Vassallo, Anuario de Historia de la Iglesia 31, 2022.Table of ContentsPreface List of Illustrations Notes on Contributors 1 Pragmatic Normative Literature and the Production of Normative Knowledge in the Early Modern Iberian Empires (16th–17th Centuries)  Thomas Duve 2 Putting Roman and Canon Law in a Nutshell: Developments in the Epitomisation of Legal Texts between Late Antiquity and the Early Modern Period  Christoph H.F. Meyer 3 The Circulation of Pragmatic Normative Literature in Spanish America (16th– 17th Centuries)  Otto Danwerth 4 Presence and Use of Pragmatic Legal Literature in Habsburg Peru (16th– 17th Centuries)  Renzo Honores 5 Jesuit Pragmatic Literature and Ecclesiastical Normativity in Portuguese America (16th– 18th Centuries)  Gustavo César Machado Cabral 6 Managing Legal Knowledge in Early Modern Times: Martín de Azpilcueta’s Manual for Confessors and the Phenomenon of Epitomisation  Manuela Bragagnolo 7 Pragmatic or Heretic? Editing Catechisms in Mexico in the Age of Discoveries and Reformation (1539– 1547)  José Luis Egío 8 Producing Pragmatic Literature in the Third Mexican Provincial Council (1585)  Osvaldo R. Moutin 9 Shaping Colonial Behaviours: Franciscan Missionary Literature and the Implementation of Religious Normative Knowledge in Colonial Mexico (1530s–1640s)  David Rex Galindo 10 “Just Rules” for a “Religiosity of Simple People”: Devotional Literature and Inquisitorial Trials in Cartagena de Indias (17th– 18th Centuries)  Pilar Mejía 11 Forensic Practices and the “History of Justice” in the 17th and 18th Centuries: a View from a Spanish American Periphery  Agustín Casagrande Index

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Book SynopsisIn this monograph, Caroline Laske traces the advent of consideration in English contract law, by analysing the doctrinal development, in parallel with the corresponding terminological evolution and semantic shifts between the fourteenth and nineteenth centuries. It is an innovative, interdisciplinary study, showcasing the value of taking a diachronic corpus linguistics-based approach to the study of legal change and legal development, and the semantic shifts in the corresponding terminology. The seminal application in the legal field of these analytical methodologies borrowed from pragmatic linguistics goes beyond the content approach that legal research usually practices and it has allowed for claims of semantic change to be objectified. This ground-breaking work is pitched at scholars of legal history, law & language, and linguistics.

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Book SynopsisIn this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.Trade Review'Mikuła’s book is a meticulously researched study which sheds light upon the reception of Magdeburg municipal law, or the Weichbild, in medieval Poland [...] Mikuła is a thorough researcher who is well-versed in the minute details of his texts. The wide array of manuscript sources he consulted, as well as the careful analysis of the text in each manuscript, are extraordinary. Mikuła’s project is ambitious and, fortunately, has uncovered information which might have gone unnoticed. Mikuła carefully demonstrates the evidence which led him to his conclusions, painstakingly tracing and tabulating all the evidence held within the manuscripts [...] Mikuła’s work is a meticulously researched study of a topic which has received little attention from scholars in the Anglophone world.' Justin S. Kirkland, The Medieval Review, 22.09.09, September 2022. Read the full review here.Table of ContentsAcknowledgements Acknowledgements to the English Edition Note on the English Edition List of Tables and Illustrations Abbreviations Introduction  1 The Towns and Cities of ‘Younger Europe’  2 The Saxon-Magdeburg Law and the Municipal Law in the Kingdom of Poland in the 13th–16th Centuries  3 The Magdeburg Weichbild in Poland: A Reassessment and a New Research Agenda  4 Sources and Periodization of Urban Legal Studies  5 The Evolution of the Legal Text and the Process of Adaptation of the Magdeburg Law  6 The Trap of Legal Positivism, or the Instruments of Historical Legal Studies  7 The Contents of This Study: An Outline  8 In Search of Method  9 Editor’s Note  10 A Synopsis of the Contents of Ius municipale Magdeburgense 1 Manuscripts and Printed Texts of the Silesian-Małopolska Compilation  1 Sources and Contents of the Weichbild  2 Dynamics of the German Text  3 Latin Manuscripts and Jan Łaski’s Printed Text  4 Conclusions 2 Dynamics of the Latin Text of the Weichbild: the Sandomierz and the Cracow Versions  1 Formal Features of the Latin Texts  2 Divergences in the Latin Texts of the Weichbild  3 Divergences from the German Base in the Latin Texts of the Weichbild  4 Group I: versio Sandomiriensis  5 Group II: Versio Cracoviensis  6 The Wawel Variant of the Cracow Version  7 Conclusions: The Adaptation of the Saxon-Magdeburg Law and the Evolution of the Legal Text 3 Practical Consequences of Textual Divergences: From the Cracow Ms to Jan Łaski’s Statutes  1 The Weichbild in Jan Łaski’s Statutes  2 The Urban Community and Its Citizens  3 Crime and Criminal Procedure  4 The Family and Family Property  5 Debtor and Creditor  6 Conclusions 4 Habent sua fata leges: Glosses, Annotations, and Additions  1 Evidence of the Use of the Weichbild in Legal Practice  2 Amendations and Additions  3 Polish Equivalents of Latin Legal Terms  4 Regulae iuris  5 Glosses in Printed Copies of Jan Łaski’s Statutes: Persistence of the Weichbild’s Medieval Conventions  6 Conclusions Conclusions  1 The Significance Weichbild among Other Sources of the Saxon-Magdeburg Law  2 The Demand for Latin Texts  3 Versions and Variants of an Archetype Compilation  4 Cracow – Home of the Urban Law Reform  5 Adaptation of the Saxon-Magdeburg Law in Poland  6 Practical Consequences of the Evolution of the Weichbild  7 Annotations by the Weichbild Users  8 The Road to a Single, Authoritative Law Text Appendix 1: Concordance Table of Articles Appendix 2: Divergences in the Latin Texts of the Weichbild Appendix 3: Agreement of the Latin Texts in Gniezno MS (Gn.) Baworowscy MS (BN 12607) and Działyńscy Codex IV (Dział. IV) with the Corresponding German Texts Appendix 4: Weichbild’s Edition of Gniezno MS Bibliography Index

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Book SynopsisEmphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought. Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition. Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.Table of Contents Preface  Notes on Contributors  1Empire and Legal Thought: An Introduction  Edward Cavanagh  2The First ‘Lawyers’? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500–1800BCE  Alexandre A. Loktionov  3After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354–22BCE  Alberto Esu  4Public Law and Republican Empire in Rome, 200–27BCE  Clifford Ando  5Compromise and Coercion: Imperial Motives Behind Justinianic Legislation in Sixth-century Constantinople  Halcyon Weber  6Muslims and Non-orthodox Christians in Byzantine Law until ca. 1100  Zachary Chitwood  7Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity  Emanuele Conte  8Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe)  Dante Fedele  9‘Exiit edictum a Caesare Augusto ut describeretur universus orbis’ (Luke 2:1–2): Debating Imperial Authority in Late Medieval Legal and Political Thought (12th–14th Centuries)  Tiziana Faitini  10Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists  Joseph Canning  11Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century  Lorenzo Veracini  12Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism  Mark Somos  13Littoral Leviathan: Histories of Oceans, Laws, and Empires  Matthew Crow  14From Procedural Law to the ‘Rights of Humanity’: Habeas corpus,Ex parte Somerset (1771–72), and the Movement toward Collective Representation in Early British Antislavery Cases  Sarah Winter  15Prerogative and Office in Pre-revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756-1774)  P.G. McHugh  16The Pure Reason of Lex Scripta: Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India (1770s–1820s)  Naveen Kanalu  17James Bryce’s Home Rule Constitutionalism and Victorian Historiography  Jordan Rudinsky  18Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889–1919  Edward Cavanagh  19British War Office Manuals and International Law, 1899–1907  Lia Brazil  20Reich, Imperium, Empire: Carl Schmitt and the ‘Overcoming of the Concept of the State’  Joshua Smeltzer  Index

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Book SynopsisFrom the late eighteenth century, more and more men and women wished to marry their cousins or in-laws. This aim was primarily linked to changes in marriage concepts, which were increasingly based on familiarity. Wealthy as well as economically precarious households counted on related marriage partners. Such unions, however, faced centuries-old marriage impediments. Bridal couples had to apply for a papal dispensation. This meant a hurdled, lengthy and also expensive procedure. This book shows that applicants in four dioceses – Brixen, Chur, Salzburg and Trent – took very different paths through the thicket of bureaucracy to achieve their goal. How did they argue their marriage projects? How did they succeed and why did so many fail? Tenacity often proved decisive in the end.

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Book SynopsisIn Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an exciting account of the study journeys of Swedish lawyers in the early modern period. Based on archival sources and biographical information, the study delves into the backgrounds of the law students, their travels through Europe, and their future careers. In seventeenth-century Sweden, the state-building process was at its height, and trained officials were desperately needed for the administration and judiciary. The book shows convincingly that the studies abroad of future lawyers were intimately linked to this process, whereas in the eighteenth century, study journeys became less important. By examining the development of the Swedish early modern legal profession, the book also represents an important contribution to comparative legal history.Trade Review"The work’s greatest merit is its level of factual detail and the abundance of information which it presents on the history of the state and law, and on the history of education and of the elites of the Kingdom of Sweden in the seventeenth and eighteenth centuries. [...] a valuable prosopographical study which contains a wealth of biographical data regarding a few dozen persons who held positions in the judiciary, civil service, diplomatic service and the military, and will undoubtedly be of use for comparative research into the elites of early modern Europe." Marcin Broniarczyk, in Kwartalnik Historyczny 128 (2021).Table of Contents Acknowledgements  List of Figures and Tables Part 1: Setting the Scene for Swedish Lawyers’ Travels  1 Introduction  1 Research Questions  2 Previous Research  3 Sources and Methods  3.1 University Matriculation Records as Sources  3.2 The Academy of Turku in Finland as Representing the Swedish Situation  3.3 On Law Students and Universities  3.4 Comparisons  4 The Structure of the Book  2 Studies Abroad as a European Phenomenon  1 Universities in Europe  1.1 The Character of Medieval and Early Modern Universities  1.2 Teaching Law and the Emergence of a Legal Profession  2 The Travelling Student throughout the Centuries  2.1 The Peregrinatio Academica  2.2 The Noble Traveller  2.3 Swedes in Europe before the Seventeenth Century  3 Issues of Religion  3.1 The Universities and Confessional Questions  3.2 Religious Control of Student Travels  4 Summary Part 2: Swedish Lawyers’ Education Abroad  3 Turku Law Students at Dutch Universities  1Leiden  1.1 The University of Leiden  1.2 Legal and Political Education in Leiden  1.3 Backgrounds of Turku Students in Leiden  1.4 Information on the Studies of Turku Students in Leiden  1.5 Careers of Turku Students in Leiden  2 Other Dutch Universities  3 Summary  4 Turku Law Students at German Universities  1 Rostock  1.1 The University of Rostock  1.2 Legal Education in Rostock  1.3 Backgrounds of Turku Students in Rostock  1.4 Information on the Studies of Turku Students in Rostock  1.5 Careers of Turku Students in Rostock  2 Jena  2.1 The University of Jena  2.2 Legal Education in Jena  2.3 Backgrounds of Turku Students in Jena  2.4 Information on the Studies of Turku Students in Jena  2.5 Careers of Turku Students in Jena  3 Halle  3.1 The University of Halle  3.2 Legal Education in Halle  3.3 Backgrounds of Turku Students in Halle  3.4 Information on the Studies of Turku Students in Halle  3.5 Careers of Turku Students in Halle  3.6 The Francke Foundations in Halle  4 Greifswald  4.1 The University of Greifswald  4.2 Legal Education in Greifswald  4.3 Backgrounds of Turku Students in Greifswald  4.4 Information on the Studies of Turku Students in Greifswald  4.5 Careers of Turku Students in Greifswald  5 Other German Universities  6 Summary  5 Beyond the Netherlands and Germany: Some Examples of Other Destinations  1 Dorpat  2 Rome  3 “Other Travels Abroad” Part 3: Reasons and Consequences  6 Seventeenth-Century Sweden and the Rush to Study Abroad  1 The Political Setting in Seventeenth-Century Sweden  1.1 The Political Reality at the Turn of the Seventeenth Century  1.2 Building a Great Power  1.3 The Position of the Nobility  1.4 Early Modern Diplomacy and the Swedish Lawyer  2 The Restructuring of the Judiciary  2.1 The Courts of Appeal  2.2 The Local Courts of the Towns and Countryside  2.3 Advocacy  3 Educational Efforts in the Seventeenth Century  3.1 Swedish Universities  3.2 The Educated Nobleman  3.3 Encouraging Studies Abroad in the Seventeenth Century  4 Student Networks  4.1 Networks of Turku Law Students  4.2 Networks Abroad  4.3 Patronage, Advancement, and Upward Social Mobility  5 Summary  7 The Choice of University  1 Geography and War  2 Religion  2.1 Religious Control of Studies Abroad  2.2 Pietism and Turku Law Students  3 Swedish-Dutch Relations  4 Summary  8 The Decrease in Studies Abroad in the Eighteenth Century  1 Changes in the Political Situation  1.1 Absolutism, a Weakened Aristocracy, and the Great Northern War  1.2 From the “Age of Liberty” to Gustav III’s Absolutism  2 The Changing Swedish Universities  3 A More Established Judiciary  3.1 State Bureaucracy and Advancement in the Administrative System  3.2 Courts of Appeal and Town Courts Compared  4 From Reception of Foreign Law to Nationalist Inclinations?  5 Summary  9 Comparative Aspects  1 The Swedish Way?  2 The Lawyers’ Way?  10 Conclusions  Appendix 1 Swedish Monarchs 1523–1809  Appendix 2 The Structure of the Swedish Central Administration  Sources and Bibliography   Archival Sources   Printed Sources   Literature   Online Sources   Unpublished Presentations  Index of Names  Index of Subjects and Places

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Book SynopsisIn the history of the development of Polish law and administration, the short period of the constitutional Duchy of Warsaw, and next of the Kingdom of Poland, was a special time. This is because it was the only moment in the 19th century when the Polish elites gained an opportunity to concentrate their efforts on the organization of the modern state machinery. This book presents the process of restructuring the administrative structures following the collapse of the Napoleonic Duchy of Warsaw and before the establishment of the Kingdom of Poland in 1815. The author focuses on the approach of the Polish elites to the nascent modern state, increasing importance of administration within it and to the young Polish bureaucrats.Table of Contents  Introduction   1 Concept of Administrative Thought   2 Public Administration   3 Construction of the Work   4 Methodology   5 Source Basis of and Literature  1 Administration and Administrative Thought in the Late 18th and Early 19th Centuries26   1 The Specificity of the Administrative System under the Reign of Stanisław August Poniatowski   2 Determinants of Administrative Development in Early 19th-century Europe   3 Controversies Around the Administrative System of the Duchy of Warsaw   4 Administrative Concepts in the Lithuanian Constitutional Drafts of 1811 and 1812  2 The Course of Works on the Preparation of Administrative System Reforms   1 Summer Breakthrough of 1814: establishment of the Civil Reform Committee and the Drafting of Constitutional Principles for the Kingdom of Poland   2 The Course of Works in the Civil Reform Committee (1814–1815)   3 Works on the Provisional Organization of Central Administration in 1815   4 New Plan of Works on Administration for the Second Half of 1815   5 Works on the Constitution and on Organic Statutes  3 The Central Government   1 The Principle of Monarchical Sovereignty and the Polish Political Situation in the Years 1814 to 1815   2 The Principle of Monarchical Sovereignty in the Course of Works on the Constitution   3 Ministerial Accountability in the Course of Works on the Constitution   4 Influence of the Seym (sejm) on the Executive Power   5 Namiestnik or a Collegial Government? The Problem of the Royal Deputy   6Council of State  4 Ministries   1 Collegiality and One-man Management   2 Organization of Ministries   3 Ministry of Education   4 Ministry of War   5 Ministry of Justice  5 Territorial Administration   1 Points of Reference and Inspirations   2 Collegiality   3 Scope of Operations   4 Influence of Voivodeship Councils on the Administration   5 District Administration   6 Municipal Administration   7 Rural Administration  6 Attitude Towards Bureaucrats   1 Foundations of the Republican Traditionalist Concept   2 The Moderate Concept of Maintaining Bureaucracy   Conclusions   1 Summary of the Course of Works on the Administrative System   2 “Enlightened Liberalism” and the Issue of the Unity of Political and Administrative Thought   3 A Summary Evaluation of the Concepts of Administrative System Reforms   Sources   1 Archival Sources (Manuscripts)   2 Printed Sources   Literature   Index

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Book SynopsisIn Intention in Talmudic Law: Between Thought and Deed, Shana Strauch Schick offers the first comprehensive history of intention in classical Jewish law (1st-6th centuries CE). Through close readings of rabbinic texts and explorations of contemporaneous legal-religious traditions, Strauch Schick constructs an intellectual history that reveals remarkable consistency within the rulings of particular sages, locales, and schools of thought. The book carefully traces developments across generations and among groups of rabbis, uncovering competing lineages of evolving legal and religious thought, and demonstrating how intention gradually became a nuanced, differentially applied concept across a wide array of legal realms.Trade Review"Strauch Schick demonstrates profound expertise in textual criticism and manuscript traditions, and using these skills, offers a positivist reconstruction of the development of rabbinic concepts of intention. Strauch Schick’s work is characterized by her extremely careful readings of complicated legal texts. It is worth repeating this last point – these rabbinic texts are complicated; understanding them requires profound experience with rabbinic thinking as well as deep familiarity with modern legal categories. In this short but dense book, Strauch Schick expertly analyzes these rabbinic texts and brings legal theory to bear in understanding what the rabbis are doing." - Sara Ronis, in Hebrew Studies 63 (2022). "Schick’s work is an important contribution to the intellectual history of the talmudic period no less than to the study of the talmudic text itself. Her research is not only rich in demonstrating the value of redaction criticism for identifying the various strata of material in a text that has undergone a complicated editorial process, but it is successful in arranging those strata to tell a coherent story of legal and literary development within the edifice of rabbinic literature. By considering the broader intellectual contexts in which this development took place, she is able to make a case for influence which—while more speculative than demonstrative—is nonetheless compelling, shedding explanatory light on the rise of legal intention in the Babylonian Talmud." - Phillip I. Lieberman, in Journal for the Study of Judaism 54 (2023). "This very question is the subject of the technical but fascinating book, Intention in Talmudic Law by Shana Strauch Schick. (...) the Talmud rarely presents theories and general rules, preferring instead to teach through sample cases, debates, and never-ending argumentation. This results in a sprawling network of many opposing opinions and interpretations scattered over multiple works, time periods, and contexts. Yet, Schick successfully manages to organize this mass of material and chart the development of halakha on this topic from Tannaitic, to early Amoraic, to late Amoraic understandings, while also carefully distinguishing between the Sages in Israel from those in Babylonia." - Richard Hidary, in Tradition 55:1 (2023). "What the present work contributes is greater sensitivity to historical and cultural issues: we learn how various, mainly Babylonian, Amoraim extended the concept of intention, and we enquire whether and to what extent teachings of the Babylonian Amoraim relate to developments in Roman law, Sasanian law and other facets of contemporary culture. (...) this is a well-structured and clearly argued work which draws on the best of modern scholarship not only in its analysis of foundational rabbinic texts but also in assessing the development of rabbinic law within the context of the Greco-Roman and Iranian worlds." - Norman Solomon, in Journal of Jewish Studies vol. LXXIII, No. 2 (2022).Table of ContentsPreface Introduction 1 Summary of Findings 2 Previous Scholarship and Methodology 3 Methodological Concerns 4 Historical Context of the Bavli: Hellenistic, Christian, Zoroastrian 5 Outline of Chapters 6 A Note on Gender Pronouns 1 From Tannaitic to Early Amoraic Law: Contrasting Systems of Tort Law in the Yerushalmi and Bavli 1 Overview of Tort Law in Tannaitic Sources 2 M. Bava Qama 2:6: “A Person Is Always Forewarned”  2.1 Yerushalmi: R. Isaac on the Necessity of Fault  2.2 Bavli: Strict Liability 3 M. Bava Qama. 3:1: Exemption for Accidental Damages  3.1 Yerushalmi - Rav, Samuel and R. El’azar: Liability Determined by Fault  3.2 Bavli - Rav, Samuel and R. Yohanan: Strict Liability  3.3 Bavli and Yerushalmi: Identical Traditions, Divergent Rulings 4 Contextualizing Tort Liability in the Yerushalmi 5 Contextualizing Tort Liability in the Bavli 2 The Third Generation of Babylonian Amoraim: A Period of Transition 1 Overview: The Emergence of Competing Schools of Thought in Pumbedita and Mahoza 2 Pumbedita: Negligence and Deliberate Action in the Rulings of Rabbah  2.1 B. Bava Qama 26b-27a: Strict Liability and Negligence  2.2 B. Bava Qama 56a: Liability for Negligence  2.3 B. Bava Qama 28b-29b: Intent to Act 3 Mahoza: Negligence and Purposeful Action  3.1 R. Nahman: Purpose Defines the Prohibition  3.2 Mitasseq and Melakhah She- eina Tzerikha Le-gufa: Exemptions in the Laws of Shabbat  3.3 R. Hisda: Intention in the Fulfillment of Religious Precepts 4 Summary 3 The Fourth Generation of Babylonian Amoraim: A Period of Innovation 1 Overview 2 Pumbedita: Abaye  2.1 Challenge to Rabbah’s Strict Liability  2.2 Challenges Regarding the Laws of the Sabbath 3 Mahoza: Rava  3.1 Tort Law   3.1.1 B. Bava Qama 27b: Rights of Pedestrians   3.1.2 B. Bava Metzia 96b: Borrower’s Rights   3.1.3 B. Bava Metzia 83a: Borrower’s Oath   3.1.4 B. Bava Qama 62a: Guarding a Golden Dinar  3.2 Religious Law: Intention in the Laws of Sabbath 4 Rava in Contrast to Abaye in Religious Law  4.1 B. Sanhedrin 61b: Idol Worship Out of Love and Fear  4.2 B. Sanhedrin 74a-b: Martyrdom  4.3 B. Shabbat 72b-73a: Davar She-ein Mitkavvein  4.4 B. Menahot 64a: Action versus Intention 5 Rava’s Emphasis on Intention: Precedents and Parallels  5.1 Land of Israel Precedents  5.2 Parallels in Zoroastrian Literature 6 Rava’s Jurisprudence and Aristotelian Corrective Justice  6.1 Aristotle on Corrective Justice  6.2 Parallels with Rava  6.3 Reading Aristotle in Mahoza? 4 Mitzvot Ein Tzerikhot Kavvanah: Divorcing Ritual Performance from Intention 1 Overview: A Radical Change in Ritual Law 2 The Development of Mitzvot Ein Tzerikhot Kavvanah  2.1 The Mishnaic View: Shema, Shofar, Megillah  2.2 Early Amoraic Views: Accidental Immersion  2.3 Rava’s View 3 Rava’s Ruling in Context  3.1 The Bavli Context: Intent in Tort Law and Religious Violations  3.2 Cultural Context: Zoroastrian and Monastic Texts 4 Summary 5 Views in the Bavli after Rava 1 Overview: The Late Amoraim and the Bavli’s Redactors 2 Rava’s Students  2.1 Continuity  2.2 Innovation: Manslaughter 3 The Redactors  3.1 Intent to Derive Benefit/Pleasure: Davar She-ein Mitkavvein and Hana’at Atzmo 4 Summary Conclusion: Intentionality in Rabbinic Law in Historical and Cultural Perspective 1 Transitions from Subjective to Objective Standards in Legal Thought 2 The “Evolution” of Legal Systems 3 Intention and the Self 4 Intention, Argumentation, and Conceptualization Bibliography Index

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Book SynopsisConstitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.Table of ContentsAcknowledgments List of Tables Notes on Contributors Introduction   Francesco Biagi, Justin O. Frosini and Jason Mazzone Part 1 Framing the Problem 1 History Limit or License in Constitutional Adjudication?   Mark D. Rosen 2 When History Requires the Use of History in Constitutional Adjudication   Jorge M. Farinacci-Fernós 3 Memory as Mantle Evil Pasts and Judges’ Power in Germany and South Africa   Justin Collings Part 2 Historical Precedents and Inter-constitutional Interpretation 4 Comparing Constitutional Historicities The Case of Precedents in Canada and the United States   Jean-Christophe Bédard-Rubin 5 Inter-constitutional Interpretation A Case Study of the Articles of Confederation   Cem Tecimer Part 3 A Matter of Narratives 6 Janus’ Third Face? The Spanish Constitutional Court at the Crossroads of History   Ángel Aday Jiménez Alemán 7 Competing Narratives The Use of Historical Arguments in Constitutional Interpretation in Brazil   Ana Beatriz Robalinho 8 Manipulating Constitutional, Legislative and Judicial History Incremental Judicial Activism in the Japanese Supreme Court   Keigo Obayashi Part 4 New Democracies and Illiberal Regimes 9 How Not to Use History in Constitutional Interpretation The Aborted Resurrection of the Historical Constitution in Hungary   Zoltán Szente 10 Using the Authoritarian Past for Constitutional Interpretation in New Democracies The Example of the Taiwan Constitutional Court   Shih-An Wang  Conclusion Which History, Whose Past?   Diego Werneck Arguelhes Index

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Book SynopsisWhat was the state of the law and how states managed to fulfil their international legal obligations under the law of nations with respect to intellectual property protection? 13 contributors show how the transition of intellectual property from private rights holders and their non-state patrons evolves into state lawmaking. The book presents these transitions through international legal perspectives and the history of intellectual property rights in late modern societies in Europe, the United States, Asia and Colonial States in Africa. Contributors are: Daniel Acquah, Ainee Adam, Louise Duncan, Johanna Gibson, Philip Johnson, Jyh-An Lee, Yangzi Li, P. Sean, Morris, Peter Munkacsi, Zvi Rosen, Devanshi Saxena, Johannes Thumfart, and Esther van Zimmeren.Table of ContentsAcknowledgements Notes on Contributors Introduction: Framing the Law of Nations in Intellectual Property in the Nineteenth Century  P. Sean Morris Part 1: Industrial Innovation in History and Conflicts 1 The Key Historical Influences Leading to the Paris Convention for the Protection of Industrial Property of 1883  Louise J. Duncan 2 Challenging the Normative Impact of Technological Innovation  From the Norm Development Process of the Paris Convention to Global Patent Justice  Johannes Thumfart 3 Innovation Diplomacy  International Exhibitions and the Rise of Innovation in the Law of Nations  P. Sean Morris 4 Mr Patent Goes to War!  Industrial Property and the Breakdown of the International Order during World War I  Phillip Johnson Part 2: Film and Regal Approaches to Copyright 5 Stuck in a Waltz  The Austro-Hungarian Monarchy and Its Imperial Approach to the Berne Convention  Péter Munkácsi 6 The Man behind the Curtain  Developing Film’s Double Exposure of Intellectual Property  Johanna Gibson 7 The Untold Story of the First Copyright Statute of China  Exploring the 1910 Copyright Code of the Great Qing Dynasty  Jyh-An Lee and Yangzi Li Part 3: Trademarks, Terroir and the Colonies 8 The Crystallization of International Norms  A Case Study on Diffusion of Trademark Norms in Early-20th Century China  Ainee Adam 9 The Unusual Extension of Imperial Intellectual Property Laws to Colonies in Africa  Daniel Opoku Acquah 10 Early American Federal Trademark Law and the Law of Nations  Zvi S. Rosen 11 The Transforming Face of Terroir  Unde Venis Geographical Indications?  Devanshi Saxena and Esther van Zimmeren Index

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Book SynopsisFemale protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women’s scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women’s passivity, arguing that women’s crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women – as criminal offenders and savvy litigants – had an active hand in keeping the wheels of the court spinning.Table of ContentsAcknowledgements List of Figures and Tables 1 Introduction  1 Historical Involvement of Women in Crime in Early Modern Europe  2 Crime and Gender in an Early Modern Italian City  3 Criminal Court Records as Sources for Social History  4 Composition of This Book 2 Women’s Roles, Institutions, and Social Control  1 Political and Demographic Developments  2 Household Structures, Property Rights and Legal Capacity  3 Women within the Urban Economy  4 Interlocking Systems of Assistance and Control  5 Conclusion: Agency within a Culture of Constraint 3 The Torroneand the Prosecution of Crimes  1 The Tribunale del Torrone within Bologna’s Legal Landscape  2 The Administration of Criminal Justice  3 Criminal Procedures  4 Italian Women’s Involvement in Recorded Crime  5 The Character of Indicted Crime in Bologna  6 Gender Dynamics in the Sentencing of Crimes  7 Conclusion: Distinguishing Features of Women’s Prosecution 4 Denunciations and the Uses of Justice  1 Women and the Uses of Justice  2 Denunciations before the Torrone  3 The Torrone as a Forum for Conflict Resolution  4 The Urban Context of Women’s Litigation  5 The Users of Justice  6 Objectives of Litigation  7 Conclusion: Criminal Litigation, Gender and Agency 5 Violence and the Politics of Everyday Life  1 The Culture of Violence between Prosecution and Reconciliation  2 Lethal Violence in the Seventeenth and Eighteenth Centuries  3 Insults and the Politics of Daily Life  4 The Importance of Petty Physical Violence  5 Severity and Weapons  6 Violence and Social Relations  7 The Gendered Geography of Violence  8 Framing Men’s and Women’s Violence  9 Conclusion: Everyday Violence and the Uses of Justice 6 Theft and Its Prosecution  1 Legal Attitudes towards Theft  2 Prosecution and Sentencing  3 The Social Profile of Thieves and Economies of Makeshift  4 Stolen Goods  5 The Geographies of Theft  6 The Distribution of Stolen Goods  7 Conclusion: Judicial Paternalism and Women’s Roles in Thieving 7 Conclusion  1 The Case of Bologna and Patterns of Female Crime  2 The Impact of Institutionalisation, Judicial Paternalism and Peacemaking Practices  3 Crime and Italian Women’s Agency  4 Avenues for Future Research Appendix: Information on Samples Bibliography Index

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Book SynopsisIn Law Book Culture in the Middle Ages fifteen contributions are brought together, each taking a detailed view on the role of manuscripts and the written word in legal cultures and literate representations thereof. Four broad thematic approaches exploring the manuscript contexts and reception, of law and legal thought are considered: Law-Books, Law & Society, Legal Practice, and Text & Edition. The studies span the medieval period and reach across western and central Europe, closely considering facets of manuscript culture and legal literacies and practices from what are now Bulgaria, England, France and Germany, Iceland, Ireland, Italy, the Netherlands, Norway and Wales. Contributors are Rolf H. Bremmer, Jr., Hannah Burrows, Sonia Colafrancesco, Jan van Doren, Stefan Drechsler, Daniela Fruscione Pistoresi, Thom Gobbitt, Katherine J. Har, Lucy Hennings, Petar Parvanov, Fangzhe Dimurjan Qiu, Ben Reinhard, Sara Elin Roberts, Francesco Sangriso, and Chiara Simbolotti.Table of ContentsAcknowledgements List of Figures and Tables Abbreviations Notes on Contributors Introduction: Law | Book | Culture in the Middle Ages  Thom Gobbitt Part 1 Law-Books 1 Production and Content of the Fourteenth-Century Norwegian Law Manuscript Lundarbók  Stefan Drechsler 2 Wulfstan and the Reordered Polity of Cotton Nero A.i  Ben Reinhard 3 Liutprand’s Prologues in the Edictus Langobardorum  Thom Gobbitt 4 More than Language: Law and Textual Communities in Medieval Frisia  Rolf H. Bremmer Jr 5 Law, Law-Books and Tradition in Early Medieval Ireland  Fangzhe Qiu Part 2 Law & Society 6 De Divortio et de Resignatione: A Case of Carolingian Legal Precedent?  Jan van Doren 7 Reading the Law in Royal Government: Ius Commune Texts and Administrative Mentalities in Thirteenth-Century England  Lucy Hennings 8 Discussing London and the Regnum Anglorum after the 1204 Loss of Normandy  Katherine J. Har 9 The Inviolable Right: Property and Power in Medieval Scandinavian Laws and Society  Francesco Sangriso Part 3 Legal Practice 10 Juridicial Dualism in Medieval Southern Italy: Studies on the Codex Diplomaticus Cavensis  Sonia Colafrancesco 11 Mortuary Proxies: Archaeological Contextualization of Medieval Legal Practices  Petar Parvanov 12 Expertise and Experience: Nuancing Terms for Legal Practitioners in the Íslendingasögur  Hannah Burrows 13 Two Lombard Charters and Their Writers  Daniela Fruscione Part 4 Text & Edition 14 Lombard Juridical Tradition: A New Edition of Turin, Biblioteca Nazionale Universitaria, MS F.IV.1 fr. 11 (Turin, BNU), a Fragment of the Lombarda with Glosses  Chiara Simbolotti 15 ‘A Rather Laborious and Harassing Occupation’: The Creation of the Ancient Laws and Institutes of Wales (1841)  Sara Elin Roberts Bibliography Index

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Book SynopsisOver the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production. Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.Table of ContentsPreface List of Figures Notes on Contributors 1 The School of Salamanca  A Case of Global Knowledge Production   Thomas Duve 2 Salamanca in the New World  University Regulation or Social Imperatives?   Enrique González González 3 Observance against Ambition  The Struggle for the Chancellor’s Office at the Real Universidad de San Carlos in Guatemala (1686–1696)   Adriana Álvarez Sánchez 4 The Influence of Salamanca in the Iberian Peninsula  The Case of the Faculties of Theology of Coimbra and Évora   Lidia Lanza and Marco Toste 5 From Fray Alonso de la Vera Cruz to Fray Martín de Rada  The School of Salamanca in Asia   Dolors Folch 6 Creating Authority and Promoting Normative Behaviour  Confession, Restitution, and Moral Theology in the Synod of Manila (1582–1586)   Natalie Cobo 7 “Sepamos, Señores, en que ley vivimos y si emos de tener por nuestra regla al Consejo de Indias”. Salamanca in the Philippine Islands   Osvaldo R. Moutin 8 “Mirando las cosas de cerca”: Indigenous Marriage in the Philippines in the Light of Law and Legal Opinions (17th – 18th Centuries)   Marya Camacho 9 The Influence of the School of Salamanca in Alonso de la Vera Cruz’s De Dominio Infidelium Et Iusto Bello  First Relectio in America   Virginia Aspe 10 Producing Normative Knowledge between Salamanca and Michoacán  Alonso de la Vera Cruz and the Bumpy Road of Marriage   José Luis Egío 11 Legal Education at the University of Córdoba (1767–1821). From the Colony to the Homeland  A Reinterpretation of the Salamanca Tradition from a New Context   Esteban Llamosas Index

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Book SynopsisThis volume explores familial wealth arrangements and gendered property from the fourteenth to the nineteenth centuries in Italian, German and Austrian territories (including Florence, Trento, Tyrol, and Vienna), Nordic countries, Western Pyrenees, and England. Family property as capital in the form of houses, land, movables, financial assets, and rights were of great importance in the past. Arrangements of such property were characterised by a high degree of negotiating competence but likewise they entailed competition between the parties involved and were highly conflict prone. Fifteen contributors from Austria, Finland, France, Germany, Italy, and the UK address different marital property regimes in relation to the practices and legal regulations of inheritance patterns with consideration to inter-familial negotiation, conflict, and resolution. Contributors are: Marie-Pierre Arrizabalaga, Laura Casella, Isabelle Chabot, Siglinde Clementi, Simona Feci, Ellinor Forster, Andrea Griesebner, Christian Hagen, Margareth Lanzinger, Janine Maegraith, Silvia Mattivi, Beatrice Moring, Craig Muldrew, Regina Schäfer, and Georg Tschannett.Table of ContentsAcknowledgments List of Tables and Graphs Notes on Contributors 1 Families and Property: Stipulating, Litigating, Mediating   Margareth Lanzinger, Janine Maegraith, Siglinde Clementi, Ellinor Forster, and Christian Hagen PART 1 Differentiated Patterns 2 The Exclusion of Women from Inheritance Rights: An Unresolved Issue?   Simona Feci 3 Inheritance Disputes from Ingelheim Court Records on the Threshold of the Early Modern Period (Fourteenth to Fifteenth Centuries)   Regina Schäfer 4 Landed Property, Power, and Female Old Age Security in the Nordic Countries   Beatrice Moring 5 Negotiating Inheritance in the Western Pyrenees in the Nineteenth Century – Gender Differentiated Treatment and Destinies   Marie-Pierre Arrizabalaga PART2 Spaces of Transition 6 After the Plague: Women, Marriage, and Property in Trento during the Second Half of the Fourteenth Century   Silvia Mattivi 7 Along Family Line and Next of Kin: Negotiating and Safeguarding Dowries and Inheritance in Late Medieval Tyrol   Christian Hagen 8 Gender Imbalance in the Use, Ownership, and Transmission of Property in Early Modern Southern Tyrolean Urban and Rural Contexts   Janine Maegraith PART 3 Social Spaces – Legal Cultures: Patricians and Nobles 9 Family Justice and Public Justice in Dowry and Inheritance Conflicts between Florentine Families (Fourteenth to Fifteenth Centuries)   Isabelle Chabot 10 Border Patrimonies: The Transmission and Claiming of Property in Women’s Everyday Writings in Sixteenth to Eighteenth-Century Friuli   Laura Casella 11 A Dispute over Guardianship: The Trentino-Tyrolean Noble Trapp Family between 1641 and 1656   Siglinde Clementi PART 4 Urban and Rural Spaces: Ascribing and Defending Property, Bequests, and Occupation 12 Little to Leave: Labourers’ Goods and the Probate Process in Early Modern England   Craig Muldrew 13 Property, Power, Gender: Conflicts and Agency of a “Merchantess” in the Archduchy of Austria below the Enns in the Eighteenth Century   Andrea Griesebner 14 After Divorce: Disputes about Property and the Division of Wealth in the Context of Divorce from Bed and Board (Vienna, 1783–1850)   Georg Tschannett Epilogue 15 Wealth in Its Diverse Meanings and Contexts – Concluding Comment   Margareth Lanzinger Index

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Book SynopsisThe thought and work of the Jesuit Francisco Suárez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suárez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, João Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaëlle Demelemestre, Jean-Paul Coujou, and Cintia Faraco.Table of ContentsAbbreviations and Bibliographical References to Works by Suárez 1 History, Casuistry and Custom in the Legal Thought of Francisco Suárez  An Introduction   Dominique Bauer 2 Between Aristotle and Scotus  Suárez on the Duty to Punish   Daniel Schwartz 3 Francisco Suárez als Rechtsberater  Einige Reflexionen Über die Wahrscheinlichkeit und den Probabilismus im Recht   João Manuel A. Alexandrino Fernandes 4 The Pragmatic Suárez  Private Law in the Work of the Doctor Eximius   Luisa Brunori and Wim Decock 5 Free Will and dominium in Suárez   Bart Wauters 6 La Relation Entre Morale Et Droit Dans La Théorie Suarézienne Du Droit Des Gens   Gaëlle Demelemestre 7 Suárez  D’un Droit Avant Le Droit Au Devenir Juridique De L’humanité   Jean-Paul Coujou 8 History and the Auto-Referentiality of Law in the Seventh Book of Francisco Suárez’s De Legibus, De lege non scripta   Dominique Bauer 9 The Equilibrium between Intellectus and Voluntas  The Definition of Law by Francisco Suárez   Cintia Faraco Index

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Book SynopsisThis volume offers new insight into key developments in the history of protection for patent rights during the period 1791-1883. The author presents a detailed examination of the underlying theoretical bases advanced for the protection of patents in various key European countries, and including new material focusing on the political rhetoric of protagonists and opponents of the patent system during the course of the patent abolitionist debates of the 1860s and 1870s. Finally, the book examines in detail the factors which prompted the movement towards international protection of patents, culminating in the Paris Convention for the Protection of Industrial Property of 1883.

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Book SynopsisThis book fills a significant gap in our current understanding of early modern Scottish history. It is the first systematic consideration of the workings of seigneurial courts of feudal lords in 18th century Scotland. For several hundred years, these courts were one of the main forums for justice across Europe. Until 1748, Scottish courts of barony and regality handled both criminal complaints and civil disputes; they made by-laws and levied taxes; they set wages and enforced morality. The 18th century was a time of epoch-defining events in Scotland, such as the Jacobite rebellions, and union with England. The amount of literature on this period of Scottish history is extensive; it is therefore remarkable that the story of these courts has been left untouched.Table of ContentsPreface Acknowledgements List of Illustrations Conventions and Abbreviations Glossary 1 Introduction  1.1 Heritable Justice in Scotland  1.2 Seigneurial Justice: Scotland in European Context  1.3 The Regality of Grant 2 The Clan Grant and the Regality Court  2.1 Strathspey in the Early Eighteenth Century  2.2 The Lairds of Grant, the Fine and the Regality Court of Grant   2.2.1 The Lairds of Grant   2.2.2 Bailies of the Regality of Grant   2.2.3 The Fine of Clan Grant: John Grant of Dalrachney  2.3 Conclusion 3 The Regality Court and Its Procedures  3.1 Court Officials   3.1.1 Clerks of the Court   3.1.2 Procurators Fiscal   3.1.3 Officers   3.1.4 Birlawmen  3.2 How, Why and When Were Courts Convened?   3.2.1 When?   3.2.2 Where?  3.3 The Court Day 4 Actions for Debt  4.1 Debt and Credit in Strathspey  4.2 The Collection of Rents  4.3 Poinding  4.4 Debt and Divisions in the Grant Family: Unwarranted Poinding 1710–1711   4.4.1 Rental Crisis   4.4.2 Case Study: Ludovick Grant of that Ilk v. Mungo Grant of Mullochard and Others  4.5 Conclusion 5 Criminal Jurisdiction  5.1 Violent Crime and the Regality Court of Grant   5.1.1 Trends in Violent Crime   5.1.2 Gendered Differences in Violence   5.1.3 Types of Violence    a) Violent Threats and Caution    b) Violent Disputes  5.1.4 Process  5.1.5 Punishment  5.2 Serious Crime and the Regality Court of Grant  5.3 The Northern Circuit of the Justiciary Court and the Regality of Grant   5.3.1 1708–1710   5.3.2 1711–1747   5.3.3 After Abolition, 1748–1753  5.4 Conclusion 6 Economic and Social Control  6.1 Economic Control   6.1.1 Food Supplies   6.1.2 Regulation of Employment    a) The Problem of ‘Loose’ Servants    b) Wages    c) Other Trades   6.1.3 The Relationship between the Regality Court and the Justices of the Peace  6.2 Religious and Social Control   6.2.1 People   6.2.2 Kirk Session Business and the Regality Court of Grant   6.2.3 Slander   6.2.4 Funding the Kirk  6.3 Local Governance, Conclusions 7 The Regality Court and the Landed Estate  Woodlands, Game, Farming and Improvement  7.1 Protecting the Laird’s Woodlands and Game   7.1.1 Woodlands and Their Management in Eighteenth-century Strathspey   7.1.2 The Regality Court and the Woods    a) Continuity and Change    b) The York Buildings Company  7.2 Game   7.2.1 Hunting, Fishing and Game in the Regality of Grant   7.2.2 Poaching Cases in the Regality Court  7.3 Improvement and Farming   7.3.1 Pastoral Farming  7.4 Conclusion 8 Land Tenure  8.1 Tacks and Tenure  8.2 Vassal’s Labour Services  8.3 Conclusion 9 Conclusion  9.1 Justice, Society, and Heritable Jurisdictions  9.2 Jurisdiction  9.3 Heritable Justice after 1748 Bibliography Index

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Book SynopsisNorms beyond Empire seeks to rethink the relationship between law and empire by emphasizing the role of local normative production. While European imperialism is often viewed as being able to shape colonial law and government to its image, this volume argues that early modern empires could never monolithically control how these processes unfolded. Examining the Iberian empires in Asia, it seeks to look at norms as a means of escaping the often too narrow concept of law and look beyond empire to highlight the ways in which law-making and local normativities frequently acted beyond colonial rule. The ten chapters explore normative production from this perspective by focusing on case studies from China, India, Japan, and the Philippines. Contributors are: Manuel Bastias Saavedra, Marya Svetlana T. Camacho, Luisa Stella de Oliveira Coutinho Silva, Rômulo da Silva Ehalt, Patricia Souza de Faria, Fupeng Li, Miguel Rodrigues Lourenço, Abisai Perez Zamarripa, Marina Torres Trimállez, and ngela Barreto Xavier.Trade Review"The volume’s greatest strength is that while focused on one particular set of contexts in early modern Asia, it transcends its geographical and chronological limits, and invites the reader to reexamine old orthodoxies regarding the state, law and society, be they in Asia, Europe, or elsewhere". Stuart M. McManus, in Ler História, 81: 2022. (September 2022).Table of ContentsPreface List of Illustrations Notes on Contributors 1 Decentering Law and Empire: Law-Making, Local Normativities, and the Iberian Empires in Asia  Manuel Bastias Saavedra 2 Village Normativities and the Portuguese Imperial Order: The Case of Early Modern Goa   ngela Barreto Xavier 3 The Principales of Philip II: Vassalage, Justice, and the Making of Indigenous Jurisdiction in the Early Colonial Philippines  Abisai Pérez Zamarripa 4 Catholics and Non-Christians in the Archbishopric of Goa  Provincial Councils, Conversion, and Local Dynamics in the Production of Norms (16th–18th Centuries)  Patricia Souza de Faria 5 “Que los indios no puedan vender sus hijas para contraer matrimonio”: Understanding and Regulating Bridewealth and Brideservice in the Spanish Colonial Period of the Philippines  Marya Svetlana T. Camacho 6 The Janus Face of Normativities in a Global Mirror: Viewing 16th-Century Marriage Practices in Japan from Christian and Japanese Traditions  Luisa Stella de Oliveira Coutinho Silva 7 On Gentilidade as a Religious Offence: A Specificity of the Portuguese Inquisition in Asia?  Miguel Rodrigues Lourenço 8 Theology in the Dark: The Missionary Casuistry of Japan Jesuits and Dominicans during the Tokugawa Persecution (1616–1622)  Rômulo da Silva Ehalt 9 Finding Norms for the Chinese Mission: The Hat Controversy in the Canton Conference of 1667/1668  Marina Torres Trimállez 10 Time as Norm: The Ritual Dimension of the Calendar Book and the Translation of Multi-Temporality in Late Imperial China  Fupeng Li Index

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Book SynopsisThe Libri Feudorum (the ‘books of fiefs’) are the earliest written body of feudal customs in Europe, codified in northern Italy c.1100-1250, which gave rise to feudal law as a branch of civil law. Their role in shaping modern ideas of feudalism has aroused an intense debate among medievalists, leading to deep re-thinking of the ‘feudal’ vocabulary and categories. This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.Table of ContentsPreface and Acknowledgements Abbreviations 1 The Libri feudorum in Modern Historiography 2 The Formation of the Libri feudorum and Its Context  1 Before the Libri feudorum: Milan and Lombardy in the Eleventh Century  2 The Early Tracts (c. 1100–1136)  3 Fiefs and Vassals at the Time of the antiqua  4 The Romanisation of the Fief: Obertus de Orto and the antiqua  5 The Intermediate Recension Known as ardizzoniana  6 The Accursian Recension and the vulgata  7 The capitula extraordinaria 3 The Afterlife of the Libri feudorum  1 The Libri feudorum and the ius commune from the Thirteenth to the Fifteenth Century  2 The Libri feudorum in Late Medieval and Early Modern France  3 The Libri feudorum and Feudalism: Open Questions 4 Notes to Translation Libri feudorum, compilatio vulgata: Book 1 Libri feudorum, compilatio vulgata: Book 2 Appendix 1: Capitula Extraordinaria Iacobi de Ardizone Appendix 2: Capitula Extraordinaria Baraterii Appendix 3: Edictum de beneficiis Regni Italici Appendix 4: Synoptic Table Glossary Bibliography Index

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Book SynopsisIn 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.Table of ContentsAbbreviations List of Illustrations Tabula debitorum Introduction 1 Marriage Through the Ages  1.1 Marriage and Divorce in Judaism and Christianity  1.1.1 Marriage and Divorce in Judaism  1.1.2 Marriage and Divorce in Christianity  1.2 Laicization of Marriage Law in Austria, Prussia and France  1.2.1 Austria  1.2.2 Prussia  1.2.3 France  1.3 Changing Fortunes of Law in the Polish Territories in Late 18th and Early 19th Century  1.4 Abrogation of the Napoleonic Family Law in the Polish Territories 2 Courts and Officials Involved in Divorce Proceedings  2.1 Divorce Court  2.2 Prosecutor  2.3 Huissier  2.4 Clerk and Underclerk (pisarz and podpisarz)  2.5 Legal Position of the Parties  2.6 Legal Representatives  2.7 Civil Status Officials  2.7.1 Roman Catholic Parish Priests  2.7.2 Parish Leaders of Other Congregations  2.7.3 Lay Persons Responsible for the Comprehensive Maintenance of Civil Status Records  2.7.4 Lay Persons Recording Events Contrary to Canon Law 3 Course of Divorce Proceedings  3.1 Proceedings in Divorce Cases for a Determined Cause  3.1.1 Pre-Divorce Formalities (Attempt at Reconciliation)  3.1.2 Preparation of the Decision to Allow or Deny Hearing the Case  3.1.3 Default Divorce Proceedings  3.1.4 Provisional Measures  3.1.5 Proceedings after Allowing the Case to Be Heard  3.1.5.1 General Remarks on Evidentiary Proceedings  3.1.5.2 Documents  3.1.5.3 Witness Statements  3.1.5.4 Presumptions  3.1.5.5 Judicial Acknowledgement  3.1.5.6 Oaths  3.1.5.7 Other Evidence  3.1.6 Proceedings in Divorce Cases Initiated due to a Spouse’s Condemnation for a Felony  3.2 Proceedings in Divorce Cases by Mutual Consent  3.3 Steps Immediately Preceding the Delivery of Judgement  3.4 Judgements  3.5 Types of Definitive Judgements  3.5.1 Judgements Pronouncing Divorce  3.5.2 Dismissal of Petition  3.5.3 Judgements Prescribing a Probationary Period  3.6 Cases Ended with No Judgement  3.6.1 Expiry Caused by the Petitioner’s Failure to Pursue the Case (Cases with Unknown Outcome)  3.6.2 Discontinuance of Action  3.7 Appeal and Cassation Proceedings  3.7.1 Appeal Proceedings  3.7.2 Extraordinary Means of Challenging Judgements of Appellate Courts  3.8 Pronouncement of the Divorce Judgement by a Civil Status Registrar 4 Grounds for Divorce Judgements  4.1 Divorces due to Outrageous Conduct, Ill-Usage and Grievous Injuries  4.2 Divorces Pronounced due to Outrageous Conduct, Ill-Usage and Grievous Injuries following a Probationary Period  4.3 Pronouncement of Divorce on Grounds of Adultery  4.4 Divorce due to a Spouse’s Condemnation to an Infamous Punishment  4.5 Divorce due to Previous Separation  4.6 Comparison with France 5 Rulings on Subsidiary Matters  5.1 Ruling on Fault  5.2 Custody over Children  5.3 Property Issues  5.4 Alimony and Child Support  5.5 Punishment for Adultery  5.6 Costs of Proceedings 6 Divorce Statistics 7 Characteristics of the Divorcees  7.1 Initiators of Divorces  7.2 Age of the Divorcees  7.3 Duration of Marriages  7.4 Ability to Sign  7.5 Predicates  7.6 Profession  7.7 Religious Confessions  7.8 Place of Residence  7.9 Summary Conclusion Bibliography Index

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Book SynopsisCharlene M. Eska presents in this book a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information, thus presenting us with a complete picture of the legal procedures involved in reclaiming missing property. This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.Table of ContentsAcknowledgements List of Tables Abbreviations Plates Irish Legal Tracts Cited in This Volume Measures of Value Introduction  Aidbred  Heptad 64  Muirbretha Manuscript Sources  Aidbred  Heptad 64  Muirbretha Concordances of MS Sources with CIH Notes on the Dates of the Texts Editorial Method Aidbred: Text, Variants, Commentary, and Translation Heptad 64: Text, Variants, Commentary, and Translation Muirbretha: Text, Variants, Commentary, and Translation Appendix 1: Transcriptions of the Canonical Tract of Aidbred Appendix 2: Source Q [CIH 1144.36–1145.11], RIA 23 Q 6, Digest A (8) Appendix 3: Source JJ [CIH 1314.7–35], BL MS Egerton 88, Digest B (27) Appendix 4: Source P [CIH 711.24–713.26], TCD MS 1337 [H.3.18], with Variants from Source FF [CIH 859.34–861.14] Appendix 5: Commentary Associated with Cáin Aicillne [CIH 1786.26–29 and 1788.10–26], TCD MS 1336 [H.3.17] Appendix 6: Source U [CIH 2110.10–19], TCD MS 1336 [H.3.17] Appendix 7: Source W [CIH 684.17–21], TCD MS 1337 [H.3.18] Appendix 8: Source Z [CIH 673.35–674.25], TCD MS 1337 [H.3.18] Appendix 9: Heptad 54 [CIH 49.8–35] and Selected Glosses Relevant to Muirbretha, Source E, Oxford, Rawl. B. 487 Appendix 10: Citations from a Variety of Texts Which Refer to the muirchuirthe Appendix 11: Regarding Fishing Rights [CIH 369.9, 12–16] Appendix 12: List of Variant MS Readings against CIH Glossary Bibliography Index

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Book SynopsisThis book explores how the fathers of humanist jurisprudence contributed to the emergence of ius gentium as the common law not simply of Europe, but of all mankind, in the early sixteenth century. They did so by so thoroughly reinterpreting terms, idioms, and categories preserved within Justinian’s Digest that they fundamentally transformed them to address sources and limits of political and legal authority in the broader context of early-modern state formation. In the process, they offered theories of universal jurisprudence grounded in the attributes and actions of man and states that anticipated some of the most salient features of modern sovereignty and rights. Theories that we tend to identify with post-Reformation political and legal thought, rather than the early Renaissance.Table of ContentsAcknowledgements List of Figures Introduction Historical Imagination, Collective Memory, and the Historicization of Roman Law part 1 Guillaume Budé: Jus, Justice, and Dignity 1 Setting the Scene Justinian’s Digest and University-Based Jurisprudence  1 Corpus iuris civilis: Composition and Transmission  2 Law before Lawyers  3 Reform, Revolution, and Rediscovery  4 Modus docendi: The Methods of the Schoolmen and the Advent of the Studia humanitatis 2 Excavating, Restoring, and Redefining Jus at the Foundations of Humanist Jurisprudence  1 A Humanist, Not a Lawyer  2 The 1508 Annotationes: Answering—and Amplifying—the Call for Change  3 Hidden in Plain View: Radical Departure, Traditional Scholarship  4 Splitting Good from Fair: Accursius’ Error and Budé’s Entanglement  5 The Proper Method for Studying and Interpreting the Law  6 Jus as a Defining Characteristic of Justice and Man qua Man  7 Jus Has Been Given to All Mankind  8 Significance of Budé’s Re-interpretation of Jus and Jus Gentium part 2 Ulrich Zasius: Jus, Jus Gentium, and Rights 3 Re-defining Jus to Restore Justitia Ulrich Zasius’ Methods in Word and in Action  1 Humanist First, a Lawyer Second  2 Combining Methods: Historicizing Law to Observe Justice  3 In Praise of the Law: A True and Useful Science  4 Theory Meets Practice: Zasius Explains His Methods  5 Ordinary Lecture, Exceptional Interpretation  6 ‘What Is Justice; What Is Jus?’  7 The Historical Necessity for and the Moral Authority of Lawyers and Jurists  8 ‘In What Manner Is Justice Divided?’  9 Methods in Action: Ex fontibus ad initium 4 Breaking with Tradition Jus Gentium as a Source of Universal Rights and Obligations  1 Disentangling Jus Gentium, Defining Natural Law  2 Defining Natural Law and Jus Gentium  3 The First Three Qualities of Natural Law: Instruction, Sociability, and Preservation  4 Jus Gentium as the Fourth Quality of Natural Law  5 Before and Beyond the Lectern: Pairing Zasius’ Lecture and Lucubrationes  6 Elevating Jus Gentium  7 Distinct, but Not Divided: The Double-Aspect of Jus Gentium  8 Universal, but Not Unlimited: The Right to Resist and the Power to Punish  9 Jus Gentium as a Cache of Universal Rights  10 Jus Gentium as a Cache of Universal Obligations  11 The Limits of Slavery  12 The Trouble with Tyranny  13 Implications of Zasius’ Re-interpretation of Jus Gentium part 3 Andrea Alciati: Jus, Violence, and Imperium 5 Self-Evident Truths and Demonstrable Facts Power, Politics, and Persuasion  1 Lawyer First, Humanist Second  2 Law and Violence: Alciati’s Career in Context  3 The Art of Justice, the Power of Speech, and the Necessity of Jurists 6 The Tenacity of Violence and the Parity of Right Alciati’s [Re-] Interpretation ofJus, Jus Gentium, and Natural Law  1 Equality Through Enmity: War-Making as State-Making  2 Changing the Subject: Alciati’s Radical Departure from His Humanist Peers  3 The Trouble with Imperium: Alciati’s Novel Departure from His Scholastic Predecessors  4 Jus as Necessity in Action  5 Homicide, Commerce, and War: Meticulous Meditations on Proximate and Remote Cause  6 Slavery as a Marker of Imperium  7 Rulers and Brigands; Superior and Inferior Princes  8 Universal Empire Rejected  9 Imperium Interrupted  10 Contests Among Equals: Dueling as an Analogy to War  11 The Practical Significance of Alciati’s Novel Re-interpretation of Jus Gentium in Context  12 Jus as a Marker of Equality in Humanist Jurisprudence  Conclusion The Re-formation of Europe and the Turn to Jus Gentium  Appendix: Select Emblems Bibliography Index

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Book SynopsisThis book explores the complete history of Serbian law in the Middle Ages, covering the 12th to the 15th centuries, which until now has been largely unstudied in international scholarship. Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.Table of ContentsPreface Abbreviations Part 1 Background and Sources 1 Historical Background 2 Sources  1 Legal Sources  2 Other Sources 3 The Concept of Law  1 Roman and Byzantine Concept  2 Serbian Concept Part 2 The Law of Persons Classification of Persons 4 Noblemen (Vlastela, Властели)  1 Name  2 Social Status  3 Division 5 Commoners (Sebri, Себри)  1 Name and Division  2 Villagers (meropsi, меропси)  3 Dependent Shepherds—Vlachs (Власи, Βλάχοι)  4 Slaves  5 Dependent Craftsmen and So-called Sokalnici (сокалници)  6 Parish Priests (seoski popovi, попови) 6 Townsmen (Građani, Грагꙗни, Граждани)  1 Name and Division  2 Towns in the Interior of Serbia  3 Maritime Towns  4 Towns Conquered from Byzantium 7 Foreigners (Stranci, Странци)  1 Ragusan Merchants  2 German Miners (sasi, саси)  3 Other Foreigners Part 3 Constitutional Law 8 Constitutional Ideology  1 Dušan’s Law Code—Constitution or Not?  2 The Idea of Rome and Hierarchical World Order  3 Duties of the Emperor  4 Concordance or “Symphonia” between the Church and State  5 Concept of the State 9 Organization of Power  1 Monarch  2 Court Dignitaries  3 Councils (državni sabori, съборь, зборь)  4 Local Administration 10 Serbian Orthodox Church  1 Foundation  2 Organization  3 Legal Acts  4 Proclamation for a Patriarchate  5 Conflict and Reconciliation with Constantinople  6 Legal Position Part 4 Civil Law 11 Natural Persons (Individuals) and Legal Persons (Entities)  1 Natural Persons (Individuals)  2 Legal Persons (Entities) 12 The Law of Property  1 The Concept of a “Thing”  2 Division of Things  3 Ownership  4 Acquisition of Ownership  5 Rights over the Property of Another (Iura in re aliena) 13 The Law of Obligations  1 The Concept of Obligation  2 Contracts 14 The Law of Wills and Succession  1 Testate and Intestate Succession  2 Intestate Succession (ἡ κληρονομία ἐξ ἀδιαθέτου)  3 Testate Succession 15 Family Law  1 Marriage (γάμος, nuptiae, matrimonium, бракь)  2 Matrimonial Property  3 Dissolution of Marriage  4 Extended Family (So-called Zadruga, Задруга) Part 5 Criminal Law 16 Crime  1 Byzantine Concept of Crime  2 Serbian Concept of Crime and the Oldest Expressions  3 Crime as Madness or Insanity 17 Culprit  1 Individual and Collective Criminal Liability  2 The Concept of Guilt  3 Mens Rea  4 Mental Capacity or Competence  5 Accomplices 18 Punishment  1 Capital Punishment  2 Corporal Punishments  3 Pecuniary Punishments or Fines  4 Confiscation and Exile  5 Imprisonment  6 Spiritual Sentences  7 Loss of Honour and Disqualification from Holding an Office  8 The Right of Asylum (Greek ἄσυλον, ἀσυλία, Latin asylum or refugium = shelter, refuge)  9 Acts of Grace 19 Crimes against the State and Sovereign  1 Treason  2 Disobedience to the Sovereign’s Orders  3 Forgery of Charters  4 Other Crimes against the State and Sovereign 20 Crimes against the Judicial System  1 So-called “Samosud”  2 Contumacy  3 Refusal of Judge’s Envoy or Clerk (So-called ѡтбои) 21 Crimes against Public Peace and Order  1 Violation of Immunity Rights (посилиѥ, насилиѥ, ꙃабава)  2 Noblemen’s Violent Measures against Commoners  3 Villagers’ Reprisal  4 Commoner’s Council  5 A Fugitive Serf 22 Crimes against the Church and Religion  1 Renunciation of Orthodoxy  2 Heresy  3 Conversion to Catholicism and Catholic Propaganda  4 Pagan Relicts 23 Crimes against the Person  1 Homicide (φόνος, оубїиство)  2 Mayhem  3 Battery  4 Rape (βιασμός, raptus, нꙋжда)  5 Injury (ἀδικία) 24 Crimes against Morality  1 Abduction (ἄρπαξ, хыщьниЕБе)  2 Fornication (πορνεία, блоудь)  3 Adultery (μοιχεία, прѣлюбодѣиство)  4 Bigamy  5 Abominable and Detestable Crimes against Nature  6 Incest 25 Crimes against Property  1 Larceny (κλέμμα, κλοπή, furtum, татьба, крагꙗ)  2 Sacrilege (sacrilegium, ἰεροσυλία, свештен’нотат’ство)  3 Robbery (ἀρπαγή, latrocinium, гоуса)  4 Rapine (rapina)  5 Arson (ἐμπρησμός, палежь, запалѥнїе)  6 Brawl (So-called “Potka”, Пот’ка)  7 Straying (Popaša, Попаша) Part 6 Court System and Trial Procedure 26 Court System and Jurisdiction  1 Feudal Courts  2 Ecclesiastical Courts (“Court Christian”, Curia Christianitatis)  3 City Courts  4 So-called “Stanak” (Stanicum)  5 Sovereign’s (King’s, Tsar’s) Court  6 Organization of Justice 27 Trial Procedure  1 Main Characteristics  2 Stages of a Trial  3 Types of Evidence  4 Jury (porota, порота)  5 The Judgment Pronounced by the Court or Judge and Its Execution  6 Trial Procedure in Semiautonomous Towns References Index

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Book SynopsisThe Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decock’s thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at another's expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness. Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the "Juristisches Buch des Jahres" (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).Trade ReviewAWARDS Theologians and Contract Law has added yet another prize to its considerable list of awards and recognitions: the book has recently been awarded with the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation). The prize has been awarded annually to outstanding early career researchers since 1977 as both recognition and an incentive to continue pursuing a path of academic excellence. Read the author's reaction to winning the prize here. Theologians and Contract Law has been elected foreign "Juristisches Buch des Jahres" (Law Book of the Year) by Reinhard Zimmermann (Director MPI Privatrecht Hamburg) in Neue Juristische Wochenschrift, 47/2013, pp. 3420: "Das Naturrecht der spätscholastischen "Schule von Salamanca" hat seit einigen Jahren Hochkonjunktur, aber nach wie vor kennt kaum jemand die einschlägigen Quellen. Decock kennt sie alle und schildert die Prägephase des modernen Vertragsrechts unmittelbar aus diesen Quellen mit einer stupenden Kenntnis ihrer theologischen und wirschaftspolitischen Hintergründe. Das ist nicht nur rechtshistorisch beeindruckend, sondern für jeden, der sich für Vertragsrecht interessiert, faszinierend. Denn Decocks Thesen, dass Salamanca der Geburtsort des modernen Vertragsrechts und katholische Theologen seine Geburtshelfer gewesen seien, wird nach der Lektüre dieses wichtigen Buchs kaum noch jemand widersprechen mögen." Theologians and Contract Law is winner of the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and awarded the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. MEDIA A radio-feature with Wim Decock was aired by BR 2 on Sunday 2 March 2014; click here to listen to the complete interview (or if you just want to read the German script please click here). REVIEWS "Decock's book is undoubtedly a milestone in the study of the approach to contract law by early modern theologians. It is exhaustive and yet reader-friendly, a clear sign of the writer's mastery of the subject and, at the same time, a relief for the reader interested in but not very familiar with late mediaeval and early modern Continental legal thought. It highlights the insufficient amount of studies of the same calibre on related subjects, such as the progressive separation of conscience from canon law, the relationship between catholic and protestant moral theologians, the influence of moral theologians on the emergence of natural law, and so on. As with any great study, it equally fills and furthers our ignorance: one realises both how much one does not know, and how much there is still to study.” - Guido Rossi, in: Ecclesiastical Law Journal, Vol. 17, No. 2 (May 2015), pp. 249-252 [DOI: 10.1017/S0956618X15000204] "[...] niezwykle wazna ksiazka." ["an extremely important book."] - Marcin Bukala, in: Przeglad Tomistyczny, Vol. 20 (2014) pp. 286-293 "[...] [A] useful guide for those who want a systematic and historical approach to the beginnings of modern common law and theory of contracts, with a deep study of the topics and a good comprehension of the relationships and different approaches to this subject (theological, philosophical, juridical, historical, and economic). It is also a very good contribution to the studies of this amazing and suggestive historical moment." - Idoya Zorroza, in: Journal of Markets & Morality, Vol 16, No 2 (2013), pp. 669-671 "Dit is zonder meer een grootse en belangwekkende studie die niet meer voor filosofen en intellectueel historici dan voor rechtshistorici van belang is. Het corpus teksten dat aan de basis hiervan ligt - de gedrukte werken van de katholieke moraaltheologen en kerkjuristen tussen ca. 1500 en 1650 - is indrukwekkend. [...] [E]en zeer welgekomen bijdrage die een grote meerwaarde heeft voor de studie van [...] vroegmoderne scholastici." - Erik de Bom, in: Tijdschrift voor Filosofie, Vol. 76 (2014), No. 1, pp. 134-136 "With Theologians and contract law an enormous gap in the existing literature has been filled. [...] [E]xtensive, profound and thorough [...]. Undoubtedly the degree of complexity of such research makes great demands on the investigator’s competence. [The author is a] master of various disciplines, such as law, history and theology, and, moreover, [...] competence in both Latin, its technical terminology and also in a number of modern languages. [...] It is a difficult, laborious and arduous investigation and we can congratulate the author. His efforts have certainly borne fruit." - Jan Hallebeek, in: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review, Vol. 81 (2013), No 3/4, pp. 660-662 [DOI: 10.1163/15718190-08134p20] "Decock designed a well-balanced project with the core theme, the guiding moral theologian (Lessius), the comprehensive bibliography of primary sources and academic literature on the topic as of early 2012. [...] The reviewed book convincingly demonstrates theoretical innovations of the School of Salamanca for transforming contract law of ius commune. [...] [T]he book is definitely a notable contribution [...]." - Dmitry Poldnikov, in: Journal on European History of Law, Vol. 4 (2013), No. 2, pp. 169-171 "[E]l libro de Decock es de gran provecho para historiadores del derecho e, incluso, para privatistas." - Andrés Botero Bernal, in: Revista Jurídica - Mario Alario D'Filipo, Vol. 5, No. 1/9 (first half of 2013), pp. 182-189 "Muchas son las ideas que contienen este espléndido libro de historia del derecho y del pensamiento jurídico. El autor ha lidiado con textos difíciles y eruditos, que no están conceptualmente al alcance de muchos de los iusprivatistas de nuestros días. Es necesario poseer una sólida cultura jurídica, histórica, filosófica y teológica para estudiar estos autores de la escolástica tardía. [...] [E]l libro de Wim Decock es un modelo para ulteriores trabajos sobre estos temas." - Rafael Ramis Barceló, in: Revista de Estudios Histórico-Jurídicos, Vol. 35 (2013), pp. 810-814 "Decock’s judicious and insightful book participates in the rediscovery of the theological foundations of modern Western law. [The] deeply researched, judicious monograph is […], of great value in its chosen field of contract law, helps us better understand the implications of the juridification of conscience for early modern politics and society." - Richard Ross, in: Jotwell: The Journal of Things We Like (Lots), 1 April 2013.Table of ContentsAcknowledgment Prologue Notes on the Text and its Modes of Reference 1 Method and Direction 2 Theologians and Contract Law: Contextual Elements 3 Toward a General Law of Contract 4 Natural Limitations on 'Freedom of Contract' 5 Formal Limitations on 'Freedom of Contract' 6 Substantive Limitations on 'Freedom of Contract' 7 Fairness in Exchange 8 Theologians and Contract Law: Common Themes Bibliography Index

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Book SynopsisPrivateering was legal whereas piracy was illegal. That much everyone knows. But what exactly was privateering? Answering this question turns out to depend not so much on the relationship between privateering and piracy as on the relationship between privateering and other forms of maritime raiding that had been considered legal long before the word ‘privateering’, or the practice it denoted, came into existence. This book clarifies all these relationships and explains how privateering emerged as a new legal category in the late sixteenth and early seventeenth centuries. The subject is approached from a British perspective, in the light of developments elsewhere, including the movement towards a new understanding of the law regulating relations between nations.Table of ContentsPreface Introduction 1 Seizures of Ships and Goods at Sea before Privateering  1 Seizures of Ships and Goods at Sea as Plunder  2 Acquisition of Prizes in Sixteenth-Century Scotland  3 Seizures of Ships and Goods at Sea as Reprisal  4 Authorisation of Reprisals in Sixteenth-Century Scotland  5 Seizures of Ships and Goods at Sea as Piracy  6 Apprehension of Pirates in Sixteenth-Century Scotland 2 From Licit Plunder towards Licensed Privateering  1 Regulation of Maritime Warfare in England  2 Innovation during the Reign of Elizabeth  3 Justification in Terms of the Practice of Nations  4 Justification in Terms of the Law of God  5 Justification in Terms of the Law of Policy  6 Condemnation of Pirates as Common Enemies 3 Privateering in Theory and Practice avant la lettre  1 Licensed Raiding in Jacobean Scotland  2 Licensed Raiding in Jacobean England  3 Towards a New Theory of Prize Acquisition  4 Towards a New Theory of International Law  5 Prize Litigation in Caroline England  6 Prize Litigation in Caroline Scotland Conclusion Bibliography Index

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Book SynopsisIn Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjīḥ) by which one opinion is chosen as the binding precedent (taqlīd). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.Table of ContentsCO N T E N T S Introduction 1 Chapter 1 Authors 23 A The compendium author: Qudūrī . . . . . . . . . . . . . . 24 B The commentator: Ibn Quṭlūbughā . . . . . . . . . . . . . 37 Chapter 2 History 51 A Ibn Quṭlūbughā’s sources . . . . . . . . . . . . . . . . . . 51 B Periodisation . . . . . . . . . . . . . . . . . . . . . . . . . 53 Period 1: Foundational ‘Ḥanafī’ opinions (ca. 150–200) . . . 57 Period 2: Formative transmission (ca. 200–300) . . . . . . 58 Period 3: Classical consolidation (ca. 300–400) . . . . . . 60 Period 4: Tarjīḥ (ca. 400–650) . . . . . . . . . . . . . . . . 63 Period 5: Taṣḥīḥ (ca. 650–870) . . . . . . . . . . . . . . . . 79 Who are the ‘latter-day jurists’ (al-muta’akhkhirūn)? . . . . 87 C Historical geographical patterns . . . . . . . . . . . . . . . 90 D Periodisation and the typologies of jurists (ṭabaqāt al-fuqahā’) 96 Chapter 3 Theory 105 A Ibn Quṭlūbughā’s introduction to al-Taṣḥīḥ wa-al-tarjīḥ . . 108 B Analysis of the topics . . . . . . . . . . . . . . . . . . . . . 118 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . 118 2 The procedures of rule-determinacy . . . . . . . . . . 125 3 Judicial discretion . . . . . . . . . . . . . . . . . . . . 134 C Arguments for binding precedent . . . . . . . . . . . . . . 137 1 The ethico-religious argument . . . . . . . . . . . . . 138 2 The argument from legal-system consistency . . . . . 139 3 The argument from legal-system coherence . . . . . . 143 4 The argument from strengthened decision-making . . 145 5 The argument from predictability . . . . . . . . . . . 145 viii CO N T E N T S 6 The argument from historical determinism . . . . . . 146 D Historical developments . . . . . . . . . . . . . . . . . . . 149 1 Target audiences: muftis and muftis . . . . . . . . . . 149 2 Rule-determination (tarjīḥ) vs. rule-review (taṣḥīḥ) . . 150 3 From monist to pluralistic legal systems . . . . . . . . 153 4 Madhhab-law: tradition, system, concurrent jurisdictions 154 E The (lack of) definition of ẓāhir al-riwāya . . . . . . . . . . 157 Chapter 4 Practice 163 A Ibn Quṭlūbughā’s practice of rule-review . . . . . . . . . . 163 B The functional relationships of commentary . . . . . . . . 166 To resolve a juristic dispute . . . . . . . . . . . . . . . . . 169 To clarify a point of ambiguity . . . . . . . . . . . . . . . . 174 To identify the opinion or the transmission used in the rule formulation . . . . . . . . . . . . . . . . . . . . . . . . . 177 To further expand upon the passage . . . . . . . . . . . . 179 To identify an editorial problem in the passage itself . . . . 187 C Employed legal rhetorical reasoning . . . . . . . . . . . . . 189 1 Arguments of juristic evidence (dalīl) . . . . . . . . . 190 2 Arguments of transmission (riwāya) . . . . . . . . . . 192 3 Arguments of language and logic . . . . . . . . . . . . 195 4 Arguments from revelation and the early Muslim community . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 5 Arguments from scholarship . . . . . . . . . . . . . . 200 6 Justifications from juristic considerations . . . . . . . 202 7 Justifications from context . . . . . . . . . . . . . . . 207 8 Justifications from exigencies of change and necessity . 209 9 Justifications of lifting difficulty and facilitating ease . 212 10 Justifications of preceding juristic authority . . . . . . 214 D Operative principles of rule-determination . . . . . . . . . 218 E The degree of congruence between theory and practice . . 229 Conclusion 235 Appendices 243 A The Writings of Qudūrī 245 B Jurists cited by Ibn Quṭlūbughā 249 C Works cited by Ibn Quṭlubughā 255 CO N T E N T S ix Works Cited 259 Index 271

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Book Synopsis“Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.Table of ContentsList of Illustrations Notes on Contributors Introduction   Xavier Gil Part 1 Ancient and Medieval Times 1 The Critic of the Family (oikos) at the Foundations of Plato’s Political Doctrine Myth and Reality   Luc Brisson 2 The Influence of Roman Law on Medieval Bulgarian Legislation Sources and Developments of the Main Constitutional Issues   Petar Cholakov Part 2 Renaissance and Early Modern Era Section 1 Myths and Politics 3 Biscay in the Spanish Monarchy Myth, History, and Law in the Making of Its Constitutional Regime (14th to 17th Centuries)   Jon Arrieta 4 The Myth of Sobrarbe between Old Europe and the New World A Reassessment   Angela De Benedictis 5 Law, Wisdom, and Politics in Making Süleyman “The Lawgiver”   Fatma Sinem Eryılmaz Section 2 Governance and Change 6 After Revolts Moments for Constitutional Refashioning in Early Modern Europe   Xavier Gil 7 Accommodatio in the Jesuit Constitutions   Jaska Kainulainen 8 The Monarchical Moment Constitutionalism, Lutheran Political Thought, and the Rise of Danish Absolutism   Brian Kjær Olesen 9 A Model Republican Constitution? Guicciardini vs. Machiavelli on the Roman Example   Nikola Regent 10 The Union of Utrecht An Unfinished Constitutional Definition between Federalism and Particularism in the Low Countries (1579–1621)   Alberto Mariano Rodríguez Martínez Part 3 The Enlightenment 11 Ancient Constitutionalism in the Age of Enlightenment The Case of Denmark-Norway   Håkon Evju 12 Rousseau and Poland Pragmatic Rebirth Rather than Idealistic Reforms?   Mark J. Hill 13 The Lawgiver in Eighteenth-Century Neapolitan Political Thought Charting Mediterranean Liberalism   Adriana Luna-Fabritius 14 From Masterpiece of Modern Legislation to an Aristocratic Oligarchy Contemporary European Appraisals of the Swedish Constitution of the Age of Liberty (1719–1772)   Ere Nokkala Part 4 The Nineteenth Century 15 “Dark Spots of Our History” Martínez Marina and Foundational Myths in Eighteenth-Century Spain   Pablo Fernández Albaladejo 16 The Metamorphoses of a Historical Constitution Longue durée Developments in Nineteenth-Century Hungarian Constitutional and Political Thought   Ferenc Hörcher and Thomas Lorman 17 Constitutional Imagination and “Catholic” Political Anthropology The Grammar of the Mixed Constitution in the Mid-19th Century Crisis of Spanish Liberalism   Pablo Sánchez León Part 5 The Twentieth and Twenty-First Centuries 18 The Weimar Constitutional Moment Constitutionalism, Theoretical Debate and Political Conflict   Ersin Yildiz 19 The Portuguese Estado Novo Constitutional Process as a Model for Transitioning to Authoritarianism in the Europe of the New Order   José Reis Santos 20 The Framing of a Liberal Democratic Constitution in Post-War Western Germany   Niall Bond 21 From 1989 to 2010 Founding Myths and Moments of the Liberal and the Illiberal Constitutional Revolutions in Hungary   Nóra Chronowski and András L. Pap Part 6 Theoretical Issues 22 An Unbroken Continuity? Constitutional Crises and Historical Imagination   Javier Fernández-Sebastián 23 The Dirty Secret of New Beginnings Founding a Democracy between Nothing and Narration   Mareike Gebhardt Index

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Book SynopsisWas the Catholic Church responsible for European imperialism? Activists say yes, the Church says no. This book examines the key papal document from 1493. It finds that the Church played no role in English colonization. However, Pope Alexander VI may have intended to bless Spanish imperialism. Either way, over the next 150 years, Spain saw its empire as a gift from him. For many imperialists and many colonial subjects, Spain received its right to rule Indigenous lands straight from the Pope’s hand.Table of ContentsAcknowledgments Abstract Keywords  Inter caetera Introduced: Pope Francis Confronts Colonial History in Canada  1 Inter caetera Remembered: Current Catholic-Indigenous Controversies  2 Inter caetera Complicated: the Plural Rationales for European Colonization  3 Inter caetera Situated: Canonical, Historical, and Geopolitical Contexts  4 Inter caetera Interpreted: Debate across the Atlantic  5 Inter caetera Inverted: Las Casas (Mid-1500s)  Inter caetera Assessed: Alexander’s Enduring Role in Spanish Imperialism

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Book SynopsisThe open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.Table of ContentsContents Acknowledgements Notes on Contributors Introduction  Elisabetta Fiocchi Malaspina and Gabriella Silvestrini Part 1: Between Civil Law and the Law of Nature and Nations 1 Natural Law at the University of Pisa: From the Ius Civile Teachings to the Establishment of the First Chair of Ius Publicum in 1726  Emanuele Salerno 2 Reception and Reinterpretation: Natural Law and the Law of Nations at the Roman ‘Sapienza’ in the Eighteenth Century  Alberto Clerici 3 The Teaching of Natural Law and Universal Public Law at the University of Pavia in the Late Eighteenth Century  Elisabetta Fiocchi Malaspina 4 The Law of Nature and Nations in the Mirror of the Academy of Fists: Reforms, Philosophy, Law and Economy  Gabriella Silvestrini Part 2: Recoveries and Criticisms of Natural Law 5 Natural Ethics and History: Antonio Genovesi and Mario Pagano  Girolamo Imbruglia 6 Pufendorf and Hutcheson in the Alps: Variations on Natural Law in Eighteenth-Century Italy  Serena Luzzi 7 The Transformation of Eighteenth-Century Jus Gentium into Nineteenth-Century Law of Nations: An Italian Debate  Antonio Trampus Part 3: From Natural Law and the Law of Nations to International Law 8 The Political Science of Natural Law: The Case of Perugia  Vittor Ivo Comparato 9 The Chair of International Law and Pasquale Stanislao Mancini’s Lectures in Turin  Frédéric Ieva 10 The Law of International Love: Luigi Taparelli d’Azeglio on Catholic Natural Law and the Law of Nations  Francesca Iurlaro 11 The Teaching of International Law in Cagliari, the ‘Italian School’ and the Unification of Italy  Giuseppina De Giudici Index of Persons Index of Places Subject Index

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Book SynopsisThis book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.Table of ContentsContents Preface Acknowledgements List of Figures 1 Introduction  1 The Consensus and Revisionist Views of German Freedom  2 This Book’s Contribution  3 Legal Operators  4 Significance  5 Context  6 Commercialization  7 Political Economy  8 Sources 2 The Core Stories and Ideas of German Freedom  1 Ancient Germanic Freedom  2 The Free German Empire  3 German Freedom 3 Idea-Generative Institutions  1 State Expansion  2 Courts  3 Supply, Demand, Population, and Commercialization  4 Universities and Law Faculties  5 Jurists  6 Books 4 Free Disposition of Estates  1 Chaos, Information Loss, and Self-Release  2 Missing Money and Missing Records  3 Tithe Conversion and Disposal  4 Methods of Self-Release: The Claim of Allodial Property  5 Models of Allod  6 Circumventing Requirements through Legal Fictions  7 Retraction Law  8 Accepting the Results of Free Activity after the War  9 The Princely Resolutions of 1655 5 Freedom from Extractions  1 Noble Trespassing and Evasions  2 Tax Registration, 1651–1654  3 The ‘Graying’ of the Clear Cadastral Picture  4 New Departures in the 1680s  5 The Presumption of Natural Freedom  6 The Regalianism of Christian Thomasius  7 Regalian Rights  8 Regalia as Imprescriptible  9 Too Machiavellian? 6 Free Use of Paper Money  1 Paper Money, Bills of Exchange, and Political Economic Ideas  2 Evolution of the Law of Exchange in Europe  3 The Political Economy of German States after 1648  4 Adoption of the Law of Exchange Throughout the Empire  5 Summary Procedure and Strict Liability (“Rigor”)  6 Regional Finance in the Seventeenth Century  7 New Directions in the Eighteenth Century  8 Variations on the Theme  9 Reconciling Conflicting Law, 1732–1749 7 Conclusion  1 Property Rights and Freedom in Early Modern Germany  2 Free Disposition of Estates  3 Freedom from Extractions  4 Freedom and the Use of Money  5 German Freedom  6 The Extension of Positive and Negative Civil Liberties  7 Cooperation, Competition, and Conflict  8 The One and the Many Glossary Bibliography Index

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Book SynopsisIn the Roman world, landscapes became legal and institutional constructions, being the core of social, political, religious, and economic life. The Romans developed ambitious urban transformations, seeking to equate civic monumentality and legal status. The built environment becomes the axis of the legal, administrative, sacred, and economic system and the main element of dissemination of imperial ideology. This volume follows the modern trend of a multifaceted, composite, multi-layered Roman world, but at the same time reduces its complexity. It views ‘Roman’ not only in the sense of power politics, but also in a cultural context. It highlights ‘landscapes’ and puts into the shadow important administrative and legal structures, i.e., individuals viz. local and imperial members of the elites living in cities, which ran the Roman world.Table of ContentsAcknowledgements List of Figures and Table Notes on Editors and Contributors 1 Introduction  Emilia Mataix Ferrándiz and Anthony Álvarez Melero Part 1: Integration 2 Imperial Ideology and the Making of Baetican Epigraphic Landscapes  Javier Herrera Rando 3 Gone with the Law: The Survival of Latin Onomastics in a Peregrinorum Hispania during the Republic  Cristina de la Escosura Balbás 4 Quattuorviratus and Latium in Hispania  David Espinosa Espinosa Part 2: Acculturation 5 Collective Organisation of Matrons in Monarchic and Republican Rome and Its Visibility in Public Spaces  Daniel León Ardoy 6 The Role of Women in Shaping the Funerary Landscape of Ostia and Portus  Francisco Cidoncha-Redondo 7 Public and Private Employment of Marmora in Italica: A Symbol of Power and Romanness  Daniel Becerra Fernández 8 Damnosa Hereditas? Italica and the Imperial Evergetism: An Approach to the Urban Vitality of the Colony in the Post-Hadrian Period (AD 138–211)  Diego Romero Vera 9 Home, Honour, Hispania: The Case of L. Minicius Natalis Quadronius Verus  Anna-Maria Wilskman Part 3: Interconnectedness 10 Between Mauretania and Numidia  Provincial Boundaries, Land Connections and Imperial Administration in North Africa (1st–4th Centuries AD)  Sergio España-Chamorro 11 Blurred Boundaries and Terrestrial Connections between Baetica and Tarraconensis  The Territorium of Acci and the Influence of the Landscape  Antonio López García General Bibliography Index

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