Pub Date : 2019-06-18DOI: 10.1163/15718190-08712P11
Stephan Dusil
{"title":"Deutsche Rechtsgeschichte im Kontext Europas, written by Peter Landau, 2016","authors":"Stephan Dusil","doi":"10.1163/15718190-08712P11","DOIUrl":"https://doi.org/10.1163/15718190-08712P11","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"42 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85471809","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 : 2019-06-18DOI: 10.1163/15718190-08712P12
J. Hallebeek
{"title":"Literatura jurídica y censura. Fortuna de Vinnius en España, written by Laura Beck Varela, 2013","authors":"J. Hallebeek","doi":"10.1163/15718190-08712P12","DOIUrl":"https://doi.org/10.1163/15718190-08712P12","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"54 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86649662","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 : 2019-06-18DOI: 10.1163/15718190-08712P04
Leslie Dodd
When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.
{"title":"Thomas Craig on the origin and development of feudal law","authors":"Leslie Dodd","doi":"10.1163/15718190-08712P04","DOIUrl":"https://doi.org/10.1163/15718190-08712P04","url":null,"abstract":"\u0000 When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"7 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88103072","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 : 2019-06-18DOI: 10.1163/15718190-08712P10
Stephan Dusil
{"title":"Le tribunal de l’officialité de Tournai et les comptes du scelleu, Introduction, édition et traduction française, written by Monique Vleeschouwers-Van Melkebeek, 2016","authors":"Stephan Dusil","doi":"10.1163/15718190-08712P10","DOIUrl":"https://doi.org/10.1163/15718190-08712P10","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"95 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79075506","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 : 2019-06-18DOI: 10.1163/15718190-08712P09
B. V. Dijk
{"title":"Wat is recht? De receptie van Oudfries recht in de Groninger Ommelanden in de 15e en 16e eeuw, written by Henk D. Meijering en Han Nijdam, 2018","authors":"B. V. Dijk","doi":"10.1163/15718190-08712P09","DOIUrl":"https://doi.org/10.1163/15718190-08712P09","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"58 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74862155","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 : 2019-06-18DOI: 10.1163/15718190-08712P13
J. Hallebeek
{"title":"Procesgids. Hof van Utrecht. Hoofdlijnen van het procederen in civiele zaken, written by J.M. Milo & E.G.D. van Dongen, 2018)","authors":"J. Hallebeek","doi":"10.1163/15718190-08712P13","DOIUrl":"https://doi.org/10.1163/15718190-08712P13","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"48 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80151978","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 : 2019-06-18DOI: 10.1163/15718190-08712P05
Kevin Dekoster
Because of its manifold references to the consultation of medical experts in homicide and infanticide cases, the Constitutio Criminalis Carolina of Holy Roman Emperor Charles V (1532) is often regarded as an important milestone in the development of early modern forensic medicine. During the sixteenth and seventeenth centuries the County of Flanders, a principality within the Habsburg Netherlands, witnessed a similar upsurge in the production of normative and doctrinal texts aiming to regulate forensic activities. Drawing on princely legislation, local customary law and the writings of the jurists Filips Wielant and Joos de Damhouder, this contribution will compare the corpus of Flemish legal texts with its practical application by the myriad of law courts operating within the county. As the princely legislation only laid out a general framework, the regulation of the forensic post-mortem was essentially an issue of local governance. The local nature of forensic practices should however not be overestimated. Evidence from preserved post-mortem reports demonstrates that there were more similarities between towns and regions within the county than actual differences.
神圣罗马帝国皇帝查理五世(1532年)的《卡罗莱纳犯罪法》(Constitutio Criminalis Carolina)在杀人案和杀婴案中多次引用医学专家的意见，因此常被视为早期现代法医学发展的一个重要里程碑。在16世纪和17世纪，佛兰德斯郡，哈布斯堡荷兰的一个公国，见证了旨在规范法医活动的规范性和教义文本生产的类似热潮。借鉴王公立法、地方习惯法和法学家菲利浦·威朗(Filips Wielant)和乔斯·德·达姆霍德(Joos de Damhouder)的著作，本书将比较佛兰德法律文本的语料库及其在该县内无数法院的实际应用。由于王公立法只是制定了一个总体框架，法医验尸的监管本质上是一个地方治理的问题。然而，不应过高估计法医做法的地方性。保存下来的验尸报告的证据表明，县内城镇和地区之间的相似之处多于实际差异。
{"title":"The legal foundations of post-mortem examinations in early modern Flanders. Princely legislation, custom, doctrine and judicial practice","authors":"Kevin Dekoster","doi":"10.1163/15718190-08712P05","DOIUrl":"https://doi.org/10.1163/15718190-08712P05","url":null,"abstract":"\u0000 Because of its manifold references to the consultation of medical experts in homicide and infanticide cases, the Constitutio Criminalis Carolina of Holy Roman Emperor Charles V (1532) is often regarded as an important milestone in the development of early modern forensic medicine. During the sixteenth and seventeenth centuries the County of Flanders, a principality within the Habsburg Netherlands, witnessed a similar upsurge in the production of normative and doctrinal texts aiming to regulate forensic activities. Drawing on princely legislation, local customary law and the writings of the jurists Filips Wielant and Joos de Damhouder, this contribution will compare the corpus of Flemish legal texts with its practical application by the myriad of law courts operating within the county. As the princely legislation only laid out a general framework, the regulation of the forensic post-mortem was essentially an issue of local governance. The local nature of forensic practices should however not be overestimated. Evidence from preserved post-mortem reports demonstrates that there were more similarities between towns and regions within the county than actual differences.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"82 6 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89588482","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 : 2019-06-18DOI: 10.1163/15718190-08712P08
A. Sirks
{"title":"The emperor of law, The emergence of Roman imperial adjudication, written by K. Tuori, 2016","authors":"A. Sirks","doi":"10.1163/15718190-08712P08","DOIUrl":"https://doi.org/10.1163/15718190-08712P08","url":null,"abstract":"","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"8 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87019354","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 : 2019-01-01DOI: 10.1163/15718190-08712P01
H. Dondorp
Nowadays it is generally held, that the owner who brought an actio legis Aquiliae usually claimed no more than his loss, perhaps already in Ulpian’s time, for certain in Justinian’s. For the sum of condemnation based upon the estimation-clauses of the lex Aquilia would only then exceed his damages, if either the injured object’s value had decreased in the last year or 30 days (Inst. 4,3,9) or the wrongdoer had denied having caused the damage (C. 3,35,4). There is, however, a third reason, which the Roman texts fail to mention: a possible residual value of killed lifestock, wounded slaves, and damaged objects, which benefitted the owner. Only a few later jurists took this into account: in medieval times Jacques de Révigny and Pierre Jacobi, Johann Oldendorp in the Early Modern era. The notion prevailed that the lex Aquilia obliged to pay at least the object’s full value.
{"title":"Residual value and assessement of damages under the lex Aquilia","authors":"H. Dondorp","doi":"10.1163/15718190-08712P01","DOIUrl":"https://doi.org/10.1163/15718190-08712P01","url":null,"abstract":"Nowadays it is generally held, that the owner who brought an actio legis Aquiliae usually claimed no more than his loss, perhaps already in Ulpian’s time, for certain in Justinian’s. For the sum of condemnation based upon the estimation-clauses of the lex Aquilia would only then exceed his damages, if either the injured object’s value had decreased in the last year or 30 days (Inst. 4,3,9) or the wrongdoer had denied having caused the damage (C. 3,35,4). There is, however, a third reason, which the Roman texts fail to mention: a possible residual value of killed lifestock, wounded slaves, and damaged objects, which benefitted the owner. Only a few later jurists took this into account: in medieval times Jacques de Révigny and Pierre Jacobi, Johann Oldendorp in the Early Modern era. The notion prevailed that the lex Aquilia obliged to pay at least the object’s full value.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"414 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84891234","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 : 2018-12-14DOI: 10.1163/15718190-08634P04
D. D. Ruysscher, Ilya A. Kotlyar
In the County of Holland, in the sixteenth and seventeenth centuries the rules regarding security interests in movables changed fundamentally. Rules of doctrine came to be combined with rules found in local law, that is the bylaws of cities and regions. This went together with the re-interpreting of fragments of older bylaws. In 1631 Grotius’ Inleidinghe categorized the lien of the unpaid seller after delivery of the merchandise sold as entailing a reivindicatio. This new rule was adopted in cities in Holland, even though it ran counter the earlier approach that third-party effects of sales in this regard were very limited. Also, the new line of thought that holders with a legitimate title did not respond to pledgees pushed out older conceptions on tracing for some special pledges. In their legal writings Dutch authors after Grotius attempted to construe consistent solutions; in the legislative practice of cities, older rules could be preferred over new ones. Bylaws of cities, to which authors of Roman-Dutch doctrine referred as well, stipulated limits on tracing by unpaid sellers. All the mentioned developments were not determined by changes in the market, even though they could be incited by them. Legal change in Holland, even in the Golden Age of the seventeenth century, was due more to the embracing of academic ideas than to responsiveness to economic conditions.
{"title":"Local traditions v. academic law: collateral rights on movables in Holland (c. 1300-c. 1700)","authors":"D. D. Ruysscher, Ilya A. Kotlyar","doi":"10.1163/15718190-08634P04","DOIUrl":"https://doi.org/10.1163/15718190-08634P04","url":null,"abstract":"\u0000 In the County of Holland, in the sixteenth and seventeenth centuries the rules regarding security interests in movables changed fundamentally. Rules of doctrine came to be combined with rules found in local law, that is the bylaws of cities and regions. This went together with the re-interpreting of fragments of older bylaws. In 1631 Grotius’ Inleidinghe categorized the lien of the unpaid seller after delivery of the merchandise sold as entailing a reivindicatio. This new rule was adopted in cities in Holland, even though it ran counter the earlier approach that third-party effects of sales in this regard were very limited. Also, the new line of thought that holders with a legitimate title did not respond to pledgees pushed out older conceptions on tracing for some special pledges. In their legal writings Dutch authors after Grotius attempted to construe consistent solutions; in the legislative practice of cities, older rules could be preferred over new ones. Bylaws of cities, to which authors of Roman-Dutch doctrine referred as well, stipulated limits on tracing by unpaid sellers. All the mentioned developments were not determined by changes in the market, even though they could be incited by them. Legal change in Holland, even in the Golden Age of the seventeenth century, was due more to the embracing of academic ideas than to responsiveness to economic conditions.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"38 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2018-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85383068","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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