Pub Date : 2019-07-03DOI: 10.1080/2049677x.2019.1685731
Heikki Pihlajamäki, M. Dyson
We are delighted to present another exciting issue of Comparative Legal History, the official journal of the European Society for Comparative Legal History (ESCLH). In the first article, Shaunnagh Dorsett sheds light on judge Barron Field’s attempts to reform Gibraltar’s procedural law in the 1830s. Although the reform failed, its history tells a lot about the movement of ideas in the early-nineteenthcentury British Empire. The reader is left convinced of how useful it is do colonial legal history comparatively. Claudia Passarella’s article continues to delve into the history of procedural law. Passarella’s emphasis is on the relationship between professional judges and laypersons in criminal matters, which she approaches by comparing the decision-making procedures in Italy and Ireland in the late nineteenth and early twentieth century. The author demonstrates how two countries with different legal traditions adopted different solutions when facing similar problems. In the third article of this issue, Thomas Mohr assesses the value of law journals as historical sources for the period between 1922 and 1939 after the partitioning of the island of Ireland. Law journals were not passive observers of the partitioning process. Instead, ‘having to cater for two diverging jurisdictions on the island of Ireland in place of one’, they ‘needed to engage with legal and constitutional developments within the wider Empire’. From the perspective of legal journals, Mohr also provides a comparative analysis of this process of adaptation. As always, the reviews section contains an interesting selection of reviews on recent books. We wish our readers inspiring moments with this issue of Comparative Legal History!
{"title":"Editorial","authors":"Heikki Pihlajamäki, M. Dyson","doi":"10.1080/2049677x.2019.1685731","DOIUrl":"https://doi.org/10.1080/2049677x.2019.1685731","url":null,"abstract":"We are delighted to present another exciting issue of Comparative Legal History, the official journal of the European Society for Comparative Legal History (ESCLH). In the first article, Shaunnagh Dorsett sheds light on judge Barron Field’s attempts to reform Gibraltar’s procedural law in the 1830s. Although the reform failed, its history tells a lot about the movement of ideas in the early-nineteenthcentury British Empire. The reader is left convinced of how useful it is do colonial legal history comparatively. Claudia Passarella’s article continues to delve into the history of procedural law. Passarella’s emphasis is on the relationship between professional judges and laypersons in criminal matters, which she approaches by comparing the decision-making procedures in Italy and Ireland in the late nineteenth and early twentieth century. The author demonstrates how two countries with different legal traditions adopted different solutions when facing similar problems. In the third article of this issue, Thomas Mohr assesses the value of law journals as historical sources for the period between 1922 and 1939 after the partitioning of the island of Ireland. Law journals were not passive observers of the partitioning process. Instead, ‘having to cater for two diverging jurisdictions on the island of Ireland in place of one’, they ‘needed to engage with legal and constitutional developments within the wider Empire’. From the perspective of legal journals, Mohr also provides a comparative analysis of this process of adaptation. As always, the reviews section contains an interesting selection of reviews on recent books. We wish our readers inspiring moments with this issue of Comparative Legal History!","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"129 - 129"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2019.1685731","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48872541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677X.2019.1682334
S. Dorsett
In 1831 Barron Field, first judge of the new Supreme Court of Gibraltar, drafted rules for his new court. Field was one of a cohort of colonial judges in this period who were encouraged by the Colonial Office to undertake significant reforms to civil procedure. In the main, this produced innovation, leading to reforms not yet possible in England. Field’s reforms were judged an exception. He was the only judge in this period whose reforms were not accepted by the Colonial Office. However, his failure gives insight into the kinds of improvements that the Colonial Office hoped to achieve, and hence into the project of nineteenth-century procedural reform more broadly. Moreover, tracing the filiations of Field’s reforms potentially enables us to follow the movement of procedural forms between colonies administering civil law and common law, providing a means though which to bring reforms in these systems into a single field.
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Pub Date : 2019-07-03DOI: 10.1080/2049677x.2019.1685264
Thomas Mohr
This article assesses the value of law journals as historical sources for the period in Irish history between 1922 and 1939 that do not always receive the attention that they deserve from historians and political scientists. The article examines the utility of Irish law journals, and a number of important non-Irish law journals, as sources of analysis for the difficult relationship between the Irish Free State and Dominion status, the gradual dismantling of the 1921 Anglo Irish Treaty settlement and the impact of partition on the Irish Free State and on Northern Ireland. The perspective of law journals on these related developments is of particular interest because these journals, in contrast to contemporary newspapers, often spanned the traditional nationalist/unionist divide in Irish politics. Yet, law journals were not passive observers of this process and were themselves profoundly affected by historical developments in this period.
{"title":"Law journals and Irish history, 1922–1939","authors":"Thomas Mohr","doi":"10.1080/2049677x.2019.1685264","DOIUrl":"https://doi.org/10.1080/2049677x.2019.1685264","url":null,"abstract":"This article assesses the value of law journals as historical sources for the period in Irish history between 1922 and 1939 that do not always receive the attention that they deserve from historians and political scientists. The article examines the utility of Irish law journals, and a number of important non-Irish law journals, as sources of analysis for the difficult relationship between the Irish Free State and Dominion status, the gradual dismantling of the 1921 Anglo Irish Treaty settlement and the impact of partition on the Irish Free State and on Northern Ireland. The perspective of law journals on these related developments is of particular interest because these journals, in contrast to contemporary newspapers, often spanned the traditional nationalist/unionist divide in Irish politics. Yet, law journals were not passive observers of this process and were themselves profoundly affected by historical developments in this period.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"186 - 219"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2019.1685264","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42690426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677X.2019.1682329
C. Passarella
This article aims to investigate the relationship between professional judges and laypersons in criminal matters, with special reference to the decision-making procedure performed by the Irish system and the Italian system in the late nineteenth and early twentieth centuries. The paper focuses on judges’ and jurors’ duties both before and after the verdict. This field of research provides context for a careful consideration on some fundamental issues, such as the judges’ charges and their influence over the jury, the principle of reasonable doubt, the distinction between unanimous verdicts and verdicts by majority vote, and the consequences of a disagreement among jurors. A comparative approach reveals how two European countries with a distinctive legal tradition faced the same problems by adopting different solutions.
{"title":"The juries’ wisdom in the administration of criminal justice: Irish jurisdiction and the Italian justice system in the late nineteenth and early twentieth centuries","authors":"C. Passarella","doi":"10.1080/2049677X.2019.1682329","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1682329","url":null,"abstract":"This article aims to investigate the relationship between professional judges and laypersons in criminal matters, with special reference to the decision-making procedure performed by the Irish system and the Italian system in the late nineteenth and early twentieth centuries. The paper focuses on judges’ and jurors’ duties both before and after the verdict. This field of research provides context for a careful consideration on some fundamental issues, such as the judges’ charges and their influence over the jury, the principle of reasonable doubt, the distinction between unanimous verdicts and verdicts by majority vote, and the consequences of a disagreement among jurors. A comparative approach reveals how two European countries with a distinctive legal tradition faced the same problems by adopting different solutions.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"157 - 185"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1682329","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48924141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677x.2019.1685750
J. Resnik
The ambitions of The Art of Law are substantial. The subtitle – ‘Artistic Representations and Iconography of Law and Justice in Context, from the Middle Ages to the First World War’ – makes plain the breadth of the aspirations. The editors brought together European legal historians, art historians and semioticians to explore the import of shared and overlapping visual traditions. The introduction explains that the book grew out of an art exhibition held in Bruges, the site of the extraordinary 1498 Gerard David painting of the Judgment of Cambyses, and discussed in Chapters Two and Seven. The story comes from the Historiae, written by Herodotus around 440 BCE and describing the rule of King Cambyses, said to have lived some hundred years earlier. According to Herodotus, upon learning that the judge, Sisamnes, was corrupt, Cambyses ordered him flayed alive. Thereafter, Cambyses appointed Otanes, the son of Sisamnes, to serve as a jurist and forced the son to preside on a seat made from the skin of his father. From the thirteenth century onward, versions of this narrative were reiterated in European compilations of classical stories and, by the seventeenth century, regularly portrayed in European town halls. Dozens of images exist, but the vividness of the Judgment of Cambyses by the Flemish artist David is noteworthy. Competing interpretations exist of both the Cambyses story and the reasons for its
《法律的艺术》的野心是巨大的。副标题是“中世纪到第一次世界大战背景下法律与正义的艺术表现和肖像”，这清楚地表明了作者的抱负之广。编辑们将欧洲法律史学家、艺术史学家和符号学家聚集在一起，探讨共享和重叠视觉传统的重要性。该书的引言解释说，该书源于在布鲁日举行的一次艺术展览，这里是1498年杰拉德·大卫(Gerard David)非凡的画作《冈比西斯的审判》(Judgment of cambses)的所在地，并在第二章和第七章中进行了讨论。这个故事出自希罗多德在公元前440年左右写的《历史》，描述了据说生活在几百年前的冈比西斯国王的统治。根据希罗多德的说法，冈比西斯在得知法官西塞姆尼斯腐败后，下令将他活活剥皮。此后，冈比西斯任命西塞姆尼斯的儿子奥坦尼斯担任法学家，并强迫儿子坐在用他父亲的皮肤制成的座位上。从13世纪开始，这种叙述的版本在欧洲的经典故事汇编中反复出现，到17世纪，在欧洲的市政厅中经常被描绘出来。虽然有几十幅图像，但佛兰德艺术家大卫的《冈比西斯的审判》的生动程度值得注意。对冈比西斯的故事及其原因存在着不同的解释
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Pub Date : 2019-07-03DOI: 10.1080/2049677x.2019.1685747
K. Tuori
{"title":"Justice in a new world: negotiating legal intelligibility in British, Iberian, and Indigenous America","authors":"K. Tuori","doi":"10.1080/2049677x.2019.1685747","DOIUrl":"https://doi.org/10.1080/2049677x.2019.1685747","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"225 - 227"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2019.1685747","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46744369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677X.2019.1685748
R. Partain
The Laws and Economics of Confucianism: Kinship and Property in Preindustrial China and England is a book written by Taisu Zhang, who specialises in comparative legal history at Yale Law School. His research focus is on how China and the West diverged, both normative culturally and legally, and took different and independent routes of development. The book before us was first published in 2017, by Cambridge University Press; it soon went on to win several awards, such as the Presidents Award from the Social Science History Association, the Gaddis Smith Book Prize from the MacMillan Center for International and Area Studies, and in an earlier incarnation as a dissertation, it was the recipient of Yale University’s Arthur and Mary Wright Dissertation Prize and the American Society for Legal History’s Kathryn T. Preyer Award. The book itself is 308 pages in length, with effectively eight chapters. It also contains several very useful appendices; the archives list alone might be valuable enough to justify its purchase for some scholars.
{"title":"The laws and economics of confucianism: kinship and property in preindustrial China and England","authors":"R. Partain","doi":"10.1080/2049677X.2019.1685748","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685748","url":null,"abstract":"The Laws and Economics of Confucianism: Kinship and Property in Preindustrial China and England is a book written by Taisu Zhang, who specialises in comparative legal history at Yale Law School. His research focus is on how China and the West diverged, both normative culturally and legally, and took different and independent routes of development. The book before us was first published in 2017, by Cambridge University Press; it soon went on to win several awards, such as the Presidents Award from the Social Science History Association, the Gaddis Smith Book Prize from the MacMillan Center for International and Area Studies, and in an earlier incarnation as a dissertation, it was the recipient of Yale University’s Arthur and Mary Wright Dissertation Prize and the American Society for Legal History’s Kathryn T. Preyer Award. The book itself is 308 pages in length, with effectively eight chapters. It also contains several very useful appendices; the archives list alone might be valuable enough to justify its purchase for some scholars.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"228 - 233"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685748","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46976080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677X.2019.1685746
Will Smiley
{"title":"Piracy and law in the Ottoman Mediterranean","authors":"Will Smiley","doi":"10.1080/2049677X.2019.1685746","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685746","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"220 - 225"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685746","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43813875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677X.2019.1685751
Jeffrey B. Hammond
enforce contracts and status relationships. The Art of Law edifies but also (and perhaps intentionally) leaves readers wanting more direction and analyses. The ever-present question is about what was put on view. Are we, twenty-first-century viewers, looking at decisions dictated by a governing legal body, or are these artefacts of artistic choice and (as some chapters suggest) whimsy? How are we to understand what the different spectators took to be the messages of the objects we look at now? Furthermore, how do we, living in a world awash with images, glimpse (a word chosen advisedly) the impact on those who looked at the images when put on display. What were the directives judges were supposed to take, for example, when assigned to rooms inscribed with the words ‘Judge ye, as ye shall be judged’? In sum, readers of this volume will learn a great deal about the history of iconography associated with law but less about the translocal political and social forces that render ‘Justice’ legible, that built impressive structures, and that pressed certain narratives into public consciousness. Furthermore, the haunting question addressed by some, but not all, of the authors remains: how to think about the continued legibility of much of this imagery, given that social movements have transformed adjudication into a practice embedded in democracies and, in many countries, have produced courthouses as an icon not only of adjudication but also of government more generally?
{"title":"Agape, justice, and law: how might Christian love shape law?","authors":"Jeffrey B. Hammond","doi":"10.1080/2049677X.2019.1685751","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685751","url":null,"abstract":"enforce contracts and status relationships. The Art of Law edifies but also (and perhaps intentionally) leaves readers wanting more direction and analyses. The ever-present question is about what was put on view. Are we, twenty-first-century viewers, looking at decisions dictated by a governing legal body, or are these artefacts of artistic choice and (as some chapters suggest) whimsy? How are we to understand what the different spectators took to be the messages of the objects we look at now? Furthermore, how do we, living in a world awash with images, glimpse (a word chosen advisedly) the impact on those who looked at the images when put on display. What were the directives judges were supposed to take, for example, when assigned to rooms inscribed with the words ‘Judge ye, as ye shall be judged’? In sum, readers of this volume will learn a great deal about the history of iconography associated with law but less about the translocal political and social forces that render ‘Justice’ legible, that built impressive structures, and that pressed certain narratives into public consciousness. Furthermore, the haunting question addressed by some, but not all, of the authors remains: how to think about the continued legibility of much of this imagery, given that social movements have transformed adjudication into a practice embedded in democracies and, in many countries, have produced courthouses as an icon not only of adjudication but also of government more generally?","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"245 - 253"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685751","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45502902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1080/2049677x.2019.1685749
Sally E. Hadden
In conclusion, this is an excellent book that covers many areas of research deftly and provides both break-through insights and new fields of future research. It sets high standards for future researchers in this field. While it does not present conventional Law & Economics-based analysis of China’s legal culture, it provides a new approach to including economic and empirical analysis of those rules within a broader research project. As such, I hope it will inspire complementary research in other areas of China’s legal culture based on these approaches. Truly, on the Laws and Economics of China’s Legal Cultures.
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