Pub Date : 2012-04-01DOI: 10.1080/01440365.2012.661140
D. de Ruysscher
In sixteenth-century Antwerp, commercial contracts were supported with refined government-made rules that brought techniques, usages and customs practised by merchants to the level of sophisticated law. Because no body of unwritten substantive law on commerce existed and because commercial practices were often too rudimentary from a legal perspective, in the 1500s detailed and balanced normative precepts on contracts of trade came to be crafted. When in the first decades of the sixteenth century more and more foreign merchants visited Antwerp, its rulers gradually started supplementing and upgrading practices of merchants to default rules regarding contracts, with materials and concepts drawn from the ius commune. In the second half of the sixteenth century, the use of civil law not only further determined the contents of the default rules that were imposed by the Antwerp aldermen, but it also lay at the basis of a change in the latter's policy of establishing precepts of urban law. After 1550, the philosophy of rationality and exhaustiveness found within civil law writings, the appreciation of which was triggered by political and economic factors, was reflected in wide-ranging collections of Antwerp law that covered many legal questions regarding commercial arrangements.
{"title":"From Usages of Merchants to Default Rules: Practices of Trade, Ius Commune and Urban Law in Early Modern Antwerp","authors":"D. de Ruysscher","doi":"10.1080/01440365.2012.661140","DOIUrl":"https://doi.org/10.1080/01440365.2012.661140","url":null,"abstract":"In sixteenth-century Antwerp, commercial contracts were supported with refined government-made rules that brought techniques, usages and customs practised by merchants to the level of sophisticated law. Because no body of unwritten substantive law on commerce existed and because commercial practices were often too rudimentary from a legal perspective, in the 1500s detailed and balanced normative precepts on contracts of trade came to be crafted. When in the first decades of the sixteenth century more and more foreign merchants visited Antwerp, its rulers gradually started supplementing and upgrading practices of merchants to default rules regarding contracts, with materials and concepts drawn from the ius commune. In the second half of the sixteenth century, the use of civil law not only further determined the contents of the default rules that were imposed by the Antwerp aldermen, but it also lay at the basis of a change in the latter's policy of establishing precepts of urban law. After 1550, the philosophy of rationality and exhaustiveness found within civil law writings, the appreciation of which was triggered by political and economic factors, was reflected in wide-ranging collections of Antwerp law that covered many legal questions regarding commercial arrangements.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"33 1","pages":"29 - 3"},"PeriodicalIF":0.4,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440365.2012.661140","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had already married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant Ministers (including Winston Churchill as Home Secretary) and the trial itself stretched the boundaries of fairness. The legacy of the trial created a lingering problem. Can the monarch ever be required to face the direct scrutiny of examination by being required to appear as a witness in his or her own court to support a personal complaint?
{"title":"The Missing Witness? George V, Competence and Compellability and the Criminal Libel Trial of Edward Frederick Mylius","authors":"Robin Callender Smith","doi":"10.2139/SSRN.2037498","DOIUrl":"https://doi.org/10.2139/SSRN.2037498","url":null,"abstract":"A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had already married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant Ministers (including Winston Churchill as Home Secretary) and the trial itself stretched the boundaries of fairness. The legacy of the trial created a lingering problem. Can the monarch ever be required to face the direct scrutiny of examination by being required to appear as a witness in his or her own court to support a personal complaint?","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"33 1","pages":"209-239"},"PeriodicalIF":0.4,"publicationDate":"2012-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67874356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-08-01DOI: 10.1080/01440360701485181
Andrea Loux Jarman
Rights of access to land in Scotland for community and public use became increasingly politicised in the nineteenth century. In test cases brought by both landowners and access campaigners, they were subject to determination by the Court of Session. This article examines the doctrinal developments in the area of customary rights in nineteenth-century Scotland, and the legal and political context in which those doctrines emerged. The decisions were made against a background of reaction against the abuse of privileges by burgh governors and superiors, on the one hand, and the movement for greater public access to land on the other. It is argued that the judges of the Court of Session based their decisions, in part, on judicial values regarding the value of test case litigation and the constitutional function of the court, as well as the sanctity of private property.
{"title":"Customary Rights in Scots Law: Test Cases on Access to Land in the Nineteenth Century","authors":"Andrea Loux Jarman","doi":"10.1080/01440360701485181","DOIUrl":"https://doi.org/10.1080/01440360701485181","url":null,"abstract":"Rights of access to land in Scotland for community and public use became increasingly politicised in the nineteenth century. In test cases brought by both landowners and access campaigners, they were subject to determination by the Court of Session. This article examines the doctrinal developments in the area of customary rights in nineteenth-century Scotland, and the legal and political context in which those doctrines emerged. The decisions were made against a background of reaction against the abuse of privileges by burgh governors and superiors, on the one hand, and the movement for greater public access to land on the other. It is argued that the judges of the Court of Session based their decisions, in part, on judicial values regarding the value of test case litigation and the constitutional function of the court, as well as the sanctity of private property.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"28 1","pages":"207 - 232"},"PeriodicalIF":0.4,"publicationDate":"2007-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440360701485181","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59102850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-04-01DOI: 10.1080/01440360701237905
Sir John Baker
1084. Collection of forest laws (early 15th cent.), beginning with Carta Forestae (temp. Edw. I) in Latin and extending to Ric. II, ending with ‘Here is the charge in swanymote’ in Middle English; 7 fos. There are two other manuscripts known. Bound in a 15th-cent. collection of treatises on hunting, health and husbandry, including ‘The Master of Game’ in Middle English by Edward (d. 1415), duke of York; 142 fos. on vellum, with rubrication and decoration, in contemporary white-leather binding over boards. Belonged to the Dansey family of Brinson Court, Herefs. (arms and crest on binding); sold at Sotheby’s, 11 March 1946, lot 2254; acquired by HRH Prince Henry, duke of Gloucester, KG; his sale, Christies, 26–27 Jan. 2006, lot 501 (sold for £198,400, including commission).
1084. 森林法律集(15世纪早期)，从Carta Forestae(临时。Edw)开始。I)在拉丁语中，并延伸到Ric。在中古英语中以“Here is the charge in swanymote”结尾;7”丛书。还有另外两份已知的手稿。装在15分硬币里。关于狩猎、健康和畜牧业的论著集，包括约克公爵爱德华(1415年)用中古英语写的《狩猎大师》;142”丛书。在牛皮纸上，有润滑和装饰，在板上用当代白色皮革装订。属于这里布林森宫的丹西家族。(绑扎时的臂章和纹章);1946年3月11日，苏富比，拍品编号2254;由英国格洛斯特公爵亨利王子殿下收购;2006年1月26日至27日，佳士得拍卖，拍品编号501(包括佣金在内，成交价为19.84万英镑)。
{"title":"Migrations of Manuscripts 2006","authors":"Sir John Baker","doi":"10.1080/01440360701237905","DOIUrl":"https://doi.org/10.1080/01440360701237905","url":null,"abstract":"1084. Collection of forest laws (early 15th cent.), beginning with Carta Forestae (temp. Edw. I) in Latin and extending to Ric. II, ending with ‘Here is the charge in swanymote’ in Middle English; 7 fos. There are two other manuscripts known. Bound in a 15th-cent. collection of treatises on hunting, health and husbandry, including ‘The Master of Game’ in Middle English by Edward (d. 1415), duke of York; 142 fos. on vellum, with rubrication and decoration, in contemporary white-leather binding over boards. Belonged to the Dansey family of Brinson Court, Herefs. (arms and crest on binding); sold at Sotheby’s, 11 March 1946, lot 2254; acquired by HRH Prince Henry, duke of Gloucester, KG; his sale, Christies, 26–27 Jan. 2006, lot 501 (sold for £198,400, including commission).","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"28 1","pages":"125 - 143"},"PeriodicalIF":0.4,"publicationDate":"2007-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440360701237905","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59102806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2004-12-01DOI: 10.1080/0144036042000290735
P. Du Plessis
The use of contractors to build and maintain public works in Rome and the provinces is a common feature of Roman building practice in the Republic and early Principate. It reflects a general tendency in Roman republican administration (also found in other sectors such as tax-farming) to let out state business to private entrepreneurs. While the extant sources frequently mention the use of contractors in public works contracts, most references do not describe the internal working of these contracts or (to use the terminology of Roman private law) the rights and duties of the parties involved. This article examines selected references to public works contracts in legal and literary sources in an attempt to clarify a single aspect of the contractual relationship between the state and an individual. The purpose of this survey is to establish whether the sources allude to any form of legal protection available to a contractor in his dealings with Roman magistrates in the context of public works contracts.
{"title":"The protection of the contractor in public works contracts in the Roman Republic and Early Empire","authors":"P. Du Plessis","doi":"10.1080/0144036042000290735","DOIUrl":"https://doi.org/10.1080/0144036042000290735","url":null,"abstract":"The use of contractors to build and maintain public works in Rome and the provinces is a common feature of Roman building practice in the Republic and early Principate. It reflects a general tendency in Roman republican administration (also found in other sectors such as tax-farming) to let out state business to private entrepreneurs. While the extant sources frequently mention the use of contractors in public works contracts, most references do not describe the internal working of these contracts or (to use the terminology of Roman private law) the rights and duties of the parties involved. This article examines selected references to public works contracts in legal and literary sources in an attempt to clarify a single aspect of the contractual relationship between the state and an individual. The purpose of this survey is to establish whether the sources allude to any form of legal protection available to a contractor in his dealings with Roman magistrates in the context of public works contracts.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"25 1","pages":"287 - 314"},"PeriodicalIF":0.4,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0144036042000290735","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59102794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2004-08-01DOI: 10.1080/014403604200027957
F. Rosen
This quotation from Martha Nussbaum reveals one reason for her study of Greek thought and, particularly, in The Fragility of Goodness for the exploration of several Platonic dialogues and Greek tragedies. Her investigation is also part of a larger philosophical enquiry, which she calls ‘Aristotelian’, and depicts in a somewhat complex way in terms of a ‘reflective dialogue between the intuitions and beliefs of the interlocutor, or reader, and a series of complex ethical conceptions, presented for exploration’. The outcome of this exploration is that the interlocutor or reader learns ‘what they really think’. Such learning seems important because, as she puts it, ‘most people . . . make claims that are false to the complexity and the content of their actual beliefs’. In this paper I hope to set out some reasons for believing that Nussbaum’s brief account of Anglo-American philosophy is false, particularly because that philosophy is based on a clear link between the ethical text and human emotions. At one level, as we shall see, the main tradition of British philosophy (the ‘Anglo’ of ‘Anglo-American’), including Hobbes, Locke, Hume, Smith, Bentham, and James and John Stuart Mill, is deeply rooted not only in psychology, but also in a moral psychology animated by hedonism (i.e. feelings of pleasure and pain and happiness) or sentimentalism (in the technical sense, moral sense theory). At another level with regard to the text itself, I hope to show in one example at least, that of John Stuart Mill’s On Liberty, that the conception of truth held by Mill does not make any sense unless it is seen as being deeply grounded in feelings and emotions. Hence, at the heart of the Anglo-American tradition, in Mill’s classic work, On Liberty, there is an argument regarding truth and its fragility that would suggest that
{"title":"J.S. Mill on Socrates, Pericles and the Fragility of truth","authors":"F. Rosen","doi":"10.1080/014403604200027957","DOIUrl":"https://doi.org/10.1080/014403604200027957","url":null,"abstract":"This quotation from Martha Nussbaum reveals one reason for her study of Greek thought and, particularly, in The Fragility of Goodness for the exploration of several Platonic dialogues and Greek tragedies. Her investigation is also part of a larger philosophical enquiry, which she calls ‘Aristotelian’, and depicts in a somewhat complex way in terms of a ‘reflective dialogue between the intuitions and beliefs of the interlocutor, or reader, and a series of complex ethical conceptions, presented for exploration’. The outcome of this exploration is that the interlocutor or reader learns ‘what they really think’. Such learning seems important because, as she puts it, ‘most people . . . make claims that are false to the complexity and the content of their actual beliefs’. In this paper I hope to set out some reasons for believing that Nussbaum’s brief account of Anglo-American philosophy is false, particularly because that philosophy is based on a clear link between the ethical text and human emotions. At one level, as we shall see, the main tradition of British philosophy (the ‘Anglo’ of ‘Anglo-American’), including Hobbes, Locke, Hume, Smith, Bentham, and James and John Stuart Mill, is deeply rooted not only in psychology, but also in a moral psychology animated by hedonism (i.e. feelings of pleasure and pain and happiness) or sentimentalism (in the technical sense, moral sense theory). At another level with regard to the text itself, I hope to show in one example at least, that of John Stuart Mill’s On Liberty, that the conception of truth held by Mill does not make any sense unless it is seen as being deeply grounded in feelings and emotions. Hence, at the heart of the Anglo-American tradition, in Mill’s classic work, On Liberty, there is an argument regarding truth and its fragility that would suggest that","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"12 1","pages":"181 - 194"},"PeriodicalIF":0.4,"publicationDate":"2004-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/014403604200027957","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2003-12-01DOI: 10.1080/01440362408539665
Sue Sheridan Walker
{"title":"‘Litigant Agency’ In Dower Pleas in The Royal Common Law Courts In Thirteenth and Early Fourteenth Century England1","authors":"Sue Sheridan Walker","doi":"10.1080/01440362408539665","DOIUrl":"https://doi.org/10.1080/01440362408539665","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"34 1","pages":"1 - 22"},"PeriodicalIF":0.4,"publicationDate":"2003-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362408539665","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-12-01DOI: 10.1080/01440362008539595
I. Maclean
{"title":"Legal Fictions and Fictional Entites in Renaissance Jurisprudence","authors":"I. Maclean","doi":"10.1080/01440362008539595","DOIUrl":"https://doi.org/10.1080/01440362008539595","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"9 1","pages":"1-24"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539595","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-12-01DOI: 10.1080/01440362008539600
U. Khaliq
{"title":"Coping with Modernity? Literature and Islamic Legal Theories","authors":"U. Khaliq","doi":"10.1080/01440362008539600","DOIUrl":"https://doi.org/10.1080/01440362008539600","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"115-134"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539600","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-12-01DOI: 10.1080/01440362008539599
T. Gallanis
{"title":"Legal History with 21st-Century Tools: The English Reports on CD-ROM and Bracton on the Web","authors":"T. Gallanis","doi":"10.1080/01440362008539599","DOIUrl":"https://doi.org/10.1080/01440362008539599","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"109-114"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539599","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：