Pub Date : 2020-06-25DOI: 10.1163/15718190-00880a08
Ignacio de la Rasilla
This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.
这篇文章考察了被遗忘已久的第一本书长度的国际法专著，它是由一位女性在国际法历史上发表的。第一部分将Concepción Arenal的《Ensayo sobre el Derecho de genes》(1879)置于国际法典化运动萌芽和国际法学术研究专业化的历史背景中。第二部分调查了直到二十世纪初为止，国际法史上对妇女作为国际法对象的零星对待和妇女对国际法的个人贡献。然后，它将阿雷纳尔的工作与1915年第一届国际妇女大会的有影响力的决议进行了许多比较，并调查了两次世界大战期间的相关发展。结论强调需要重新审视妇女在国际法律史上的不可见性。
{"title":"Concepción Arenal and the place of women in modern international law","authors":"Ignacio de la Rasilla","doi":"10.1163/15718190-00880a08","DOIUrl":"https://doi.org/10.1163/15718190-00880a08","url":null,"abstract":"\u0000 This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"8 1","pages":"211-253"},"PeriodicalIF":0.1,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79675797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-07DOI: 10.1163/15718190-00880a05
Filippo Ranieri
The numerous translations through which the Commentaries on the Laws of England by William Blackstone – a milestone in the history of the common law – became known in France, and thus contributed for the first time to acquaint French jurists with English law, have been largely neglected by legal historians. The first section of the present contribution introduces the French anglophile visitors to England who, during the second half of the eighteenth century, disseminated the work of William Blackstone and its first translations in France. The biography and work of these first translators require a detailed examination. A second section assesses the influence of these translations, particularly in the legal and political debates on the English trial by jury in the context of revolutionary legislation. A third section considers the later translations of Blackstone’s work during the Napoleonic period and the following years. Finally, a call for further research outlines the impact of that translation literature.
{"title":"Les traductions françaises des Commentaires de William Blackstone à la fin du XVIIIe siècle","authors":"Filippo Ranieri","doi":"10.1163/15718190-00880a05","DOIUrl":"https://doi.org/10.1163/15718190-00880a05","url":null,"abstract":"\u0000 The numerous translations through which the Commentaries on the Laws of England by William Blackstone – a milestone in the history of the common law – became known in France, and thus contributed for the first time to acquaint French jurists with English law, have been largely neglected by legal historians. The first section of the present contribution introduces the French anglophile visitors to England who, during the second half of the eighteenth century, disseminated the work of William Blackstone and its first translations in France. The biography and work of these first translators require a detailed examination. A second section assesses the influence of these translations, particularly in the legal and political debates on the English trial by jury in the context of revolutionary legislation. A third section considers the later translations of Blackstone’s work during the Napoleonic period and the following years. Finally, a call for further research outlines the impact of that translation literature.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"21 1","pages":"1-23"},"PeriodicalIF":0.1,"publicationDate":"2020-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84756265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-24DOI: 10.1163/15718190-00880a03
J. Monballyu
In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.
{"title":"Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813","authors":"J. Monballyu","doi":"10.1163/15718190-00880a03","DOIUrl":"https://doi.org/10.1163/15718190-00880a03","url":null,"abstract":"\u0000 In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"8 1","pages":"1-32"},"PeriodicalIF":0.1,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75190760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-24DOI: 10.1163/15718190-00880a04
A. Sirks
It is generally assumed that the main manuscript of the Theodosian Code, Vat.Reg.Lat. 886, was copied in the 6th century in South-East Gaul, although Italy as provenance is not excluded. This manuscript contains marginal summaries, of which the origin is also attributed to Gaul. However, it can be shown that the largest group was made by one of the scribes (V2*) after 535 and before 554, on the very manuscript, that this was very likely done in Rome, and that the scribe was a Greek, perhaps a Byzantine official. This conclusion bears upon the provenance of Vat.Reg.Lat. 886. The errors in the Greek constitution CTh 9,45,4 imply that it cannot have been copied in the east. It must have been done in the west and not the Code, sent over in 437, was used (or else the Greek would be in order), but a copy of this Code, in which the scribe had misunderstood the Greek and made errors, which then figure in Vat.Reg.Lat. 886. The copying must have been done after 535 and just before the Summaria were made because the author of the Summaria was one of the correctors.
{"title":"Die Schriftheimat von Vat. Reg. Lat. 886 (Codex Theodosianus libri IX-XVI)","authors":"A. Sirks","doi":"10.1163/15718190-00880a04","DOIUrl":"https://doi.org/10.1163/15718190-00880a04","url":null,"abstract":"\u0000 It is generally assumed that the main manuscript of the Theodosian Code, Vat.Reg.Lat. 886, was copied in the 6th century in South-East Gaul, although Italy as provenance is not excluded. This manuscript contains marginal summaries, of which the origin is also attributed to Gaul. However, it can be shown that the largest group was made by one of the scribes (V2*) after 535 and before 554, on the very manuscript, that this was very likely done in Rome, and that the scribe was a Greek, perhaps a Byzantine official. This conclusion bears upon the provenance of Vat.Reg.Lat. 886. The errors in the Greek constitution CTh 9,45,4 imply that it cannot have been copied in the east. It must have been done in the west and not the Code, sent over in 437, was used (or else the Greek would be in order), but a copy of this Code, in which the scribe had misunderstood the Greek and made errors, which then figure in Vat.Reg.Lat. 886. The copying must have been done after 535 and just before the Summaria were made because the author of the Summaria was one of the correctors.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"54 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72810283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-19DOI: 10.1163/15718190-00870a03
R. Bobbink, Q. Mauer
The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological antichretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protection of the debtor was emphasized, whereas in the Greek papyrological antichretic contracts the position of the creditor was favoured. Given the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept.
{"title":"Antichresis: a comparative study of classical Roman law and the contractual praxis from Roman Egypt","authors":"R. Bobbink, Q. Mauer","doi":"10.1163/15718190-00870a03","DOIUrl":"https://doi.org/10.1163/15718190-00870a03","url":null,"abstract":"The authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological antichretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protection of the debtor was emphasized, whereas in the Greek papyrological antichretic contracts the position of the creditor was favoured. Given the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"7 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72714481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-19DOI: 10.1163/15718190-00874p15
L. Winkel
{"title":"Nécrologie: In memoriam Pieter Spierenburg 1948-2019","authors":"L. Winkel","doi":"10.1163/15718190-00874p15","DOIUrl":"https://doi.org/10.1163/15718190-00874p15","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"48 1","pages":"693-694"},"PeriodicalIF":0.1,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80709271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-19DOI: 10.1163/15718190-00874p01
D. Heirbaut
This article deals with the life and work of the Belgian legal historian R.C. van Caene em. It shows how van Caenegem's work was influenced by his teachers, first of all FrancoisLouis Ganshof, but also many others like Theodore Plucknett. Van Caenegem's research was very diverse and addressed different groups of readers, so that most of them only know a fragment of his work. Van Caenegem learned from Ganshof's mistakes. Unlike his master, van Caenegem took an interest in sociology and he did not hesitate to publish the grand overviews of history which Ganshof had stopped writing in the second half of his career. Many of van Caenegem'slmoks on English, medieval and legal history were a product of his teaching. Whereas the books for the students in Ghent, where van Caenegem was burdened by a heavy teaching load, presented a complete survey; the books for select groups of foreign students cherry-picked from legal history and took part in discussions on larger debates. Van Caenegem's many articles offer a better insight into his personal evolution from a scholar who started out as a jurist, but very soon lost interest in dogmatic legal history and preferred to investigate the lawmakers instead of the law itself. As a historian, van Caenegetn put the middle ages first, because in his opinion the middle ages laid the foundations for the modern rule of law. However, these 'modem' middle ages only started in the twelfth century. Although he claimed that the future of legal historical research lays in teamwork, van Caenegetn himself remained an indvidualistic scholar.
本文介绍了比利时法律历史学家R.C. van caeneem的生活和工作。它展示了van caeneem的工作是如何受到他的老师的影响的，首先是FrancoisLouis Ganshof，还有其他许多人，比如Theodore Plucknett。范·卡内格姆的研究非常多样化，针对不同的读者群体，所以他们中的大多数人只知道他作品的一小部分。范·卡内格姆从甘肖夫的错误中吸取了教训。与他的老师不同，范·卡内格姆对社会学很感兴趣，他毫不犹豫地出版了甘肖夫在其职业生涯后半段停止撰写的宏大历史概述。范·卡内格姆的许多关于英国、中世纪和法律史的著作都是他教学的产物。而在根特，范·卡内格姆被沉重的教学负担所累，为学生准备的书却提供了一个完整的调查;这些书是为精心挑选的外国学生群体编写的，这些学生是从法律史中挑选出来的，并参与了更大规模辩论的讨论。范卡内格姆的许多文章提供了一个更好的视角来了解他的个人演变，从一个学者开始作为一个法学家，但很快就失去了对教条式法律史的兴趣，更喜欢调查立法者而不是法律本身。作为一名历史学家，范卡内根把中世纪放在第一位，因为在他看来，中世纪为现代法治奠定了基础。然而，这些“现代”中世纪在12世纪才开始。尽管他声称法律历史研究的未来在于团队合作，但范卡内格本人仍然是一位个人主义的学者。
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Pub Date : 2019-12-19DOI: 10.1163/15718190-00870a07
David De Concilio
Summary
总结
{"title":"Moneta e cultura giuridica","authors":"David De Concilio","doi":"10.1163/15718190-00870a07","DOIUrl":"https://doi.org/10.1163/15718190-00870a07","url":null,"abstract":"<jats:p>Summary</jats:p>","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"55 1","pages":"384-426"},"PeriodicalIF":0.1,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84752054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-19DOI: 10.1163/15718190-00874p11
Lars van Vliet
During the Second World War Germany and German nationals looted the Netherlands and its nationals of many valuable assets, that were taken to Germany. Often the looting took the form of forced sales. In some cases, the sales price was too low, in other cases the German buyer paid market value or more, but often the buyer paid with guilders looted from the Dutch State. After the liberation of the Netherlands the 'restoration of rights regime' enabled victims of forced sales to seek annulment of the sales. This article concentrates on those movable goods that were sold to German buyers and that, after the war, returned from Germany to the Netherlands with the help of the Allied Forces, the so-called recuperation goods. If the seller did not seek annulment before the deadline of July 1951, for example because the price paid was considerable so that he preferred to keep the purchase price, or if his request was rejected, the Dutch State should not be forced to return these goods to their German buyer. Therefore, these goods were first subjected to Royal Decree E133 which expropriated all German owned property in the Netherlands. Upon return to the Netherlands the recuperation goods became State property, but this measure could be undone by the seller successfully seeking annulment of the sales contract under Royal Decree E100. However, if no annulment took place, the State remained owner of these goods.
{"title":"The Dutch postwar restoration of rights regime regarding movable property","authors":"Lars van Vliet","doi":"10.1163/15718190-00874p11","DOIUrl":"https://doi.org/10.1163/15718190-00874p11","url":null,"abstract":"During the Second World War Germany and German nationals looted the Netherlands and its nationals of many valuable assets, that were taken to Germany. Often the looting took the form of forced sales. In some cases, the sales price was too low, in other cases the German buyer paid market value or more, but often the buyer paid with guilders looted from the Dutch State. After the liberation of the Netherlands the 'restoration of rights regime' enabled victims of forced sales to seek annulment of the sales. This article concentrates on those movable goods that were sold to German buyers and that, after the war, returned from Germany to the Netherlands with the help of the Allied Forces, the so-called recuperation goods. If the seller did not seek annulment before the deadline of July 1951, for example because the price paid was considerable so that he preferred to keep the purchase price, or if his request was rejected, the Dutch State should not be forced to return these goods to their German buyer. Therefore, these goods were first subjected to Royal Decree E133 which expropriated all German owned property in the Netherlands. Upon return to the Netherlands the recuperation goods became State property, but this measure could be undone by the seller successfully seeking annulment of the sales contract under Royal Decree E100. However, if no annulment took place, the State remained owner of these goods.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"96 1","pages":"651-673"},"PeriodicalIF":0.1,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80987074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-19DOI: 10.1163/15718190-00874p12
P. Néve
{"title":"Die kaiserliche Notariatspraxis im frühneuzeitlichen Hamburg, geschreven door Sarah A. Bachmann, 2017","authors":"P. Néve","doi":"10.1163/15718190-00874p12","DOIUrl":"https://doi.org/10.1163/15718190-00874p12","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"24 1","pages":"675-681"},"PeriodicalIF":0.1,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84477661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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