Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063521
H. Vogt
of insurance is by far the most important one. Whilst there is indeed not too much analysis of the law in this volume, that in itself also teaches us something important about the role of lawyers from the medieval period to the nineteenth century: whereas the development of insurance was a much-discussed topic from the sixteenth century onwards, mutual support schemes in contrast were not. This further strengthens the main conclusion of the volume, but also shows something about the priorities of lawyers across centuries.
{"title":"Negotiations of gender and property through legal regimes (fourteenth-nineteenth century). Stipulating, litigating, mediating","authors":"H. Vogt","doi":"10.1080/2049677X.2022.2063521","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063521","url":null,"abstract":"of insurance is by far the most important one. Whilst there is indeed not too much analysis of the law in this volume, that in itself also teaches us something important about the role of lawyers from the medieval period to the nineteenth century: whereas the development of insurance was a much-discussed topic from the sixteenth century onwards, mutual support schemes in contrast were not. This further strengthens the main conclusion of the volume, but also shows something about the priorities of lawyers across centuries.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"90 - 93"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48325124","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 : 2022-01-02DOI: 10.1080/2049677X.2022.2063522
Elsa Trolle Önnerfors
As the old adage goes, nothing is certain in this world but death and taxes. Perhaps the same also applies to inheritance law. From time immemorial, societies have had to respond to and deal with the death of its members: ‘where people live in society, there will be rules concerning succession’. Inheritance law constitutes one of the most basic and comprehensive fields for the regulation of society. By its nature, inheritance legislation is traditional, conservative and changes very slowly. Sometimes its regulations are even regarded as a legal order dictated by nature, history or a higher power, and as such almost impossible to change. New laws of inheritance are seldom issued, but in the Nordic countries, both Denmark and Norway have recently reformed their inheritance regulations. So perhaps now is an excellent opportunity to shed light upon the historical roots of inheritance law in the Nordic context. For a legal historian with an interest in family law, the anthology Nordic Inheritance Law through the Ages (hereinafter, Nordic Inheritance Law) is a most welcomed book. The anthology explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into historical and contemporary inheritance practices. The contributors to Nordic Inheritance Law, 16 in total, are a mixture of historians, legal historians and contemporary lawyers from Denmark, Finland, Iceland, Norway and Sweden. The anthology is an outcome of a Nordic interdisciplinary research project, hosted and financed by The Centre for Advanced Studies at the Norwegian Academy of Science and Letters in Oslo during the academic year 2014–5. In the Nordic countries, a region consisting of contemporary Denmark, Finland, Iceland, Norway and Sweden, inheritance law has not always been the most researched field in legal history, nor in contemporary jurisprudence for that matter. Previous research in legal history has focused foremost on medieval aspects of inheritance and inheritance law, and it is just in the last 20–30 years that light has been shed over other historical periods as well. The broad timespan of
{"title":"Nordic inheritance law through the ages. Spaces of action and legal strategies","authors":"Elsa Trolle Önnerfors","doi":"10.1080/2049677X.2022.2063522","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063522","url":null,"abstract":"As the old adage goes, nothing is certain in this world but death and taxes. Perhaps the same also applies to inheritance law. From time immemorial, societies have had to respond to and deal with the death of its members: ‘where people live in society, there will be rules concerning succession’. Inheritance law constitutes one of the most basic and comprehensive fields for the regulation of society. By its nature, inheritance legislation is traditional, conservative and changes very slowly. Sometimes its regulations are even regarded as a legal order dictated by nature, history or a higher power, and as such almost impossible to change. New laws of inheritance are seldom issued, but in the Nordic countries, both Denmark and Norway have recently reformed their inheritance regulations. So perhaps now is an excellent opportunity to shed light upon the historical roots of inheritance law in the Nordic context. For a legal historian with an interest in family law, the anthology Nordic Inheritance Law through the Ages (hereinafter, Nordic Inheritance Law) is a most welcomed book. The anthology explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into historical and contemporary inheritance practices. The contributors to Nordic Inheritance Law, 16 in total, are a mixture of historians, legal historians and contemporary lawyers from Denmark, Finland, Iceland, Norway and Sweden. The anthology is an outcome of a Nordic interdisciplinary research project, hosted and financed by The Centre for Advanced Studies at the Norwegian Academy of Science and Letters in Oslo during the academic year 2014–5. In the Nordic countries, a region consisting of contemporary Denmark, Finland, Iceland, Norway and Sweden, inheritance law has not always been the most researched field in legal history, nor in contemporary jurisprudence for that matter. Previous research in legal history has focused foremost on medieval aspects of inheritance and inheritance law, and it is just in the last 20–30 years that light has been shed over other historical periods as well. The broad timespan of","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"94 - 98"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45887866","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 : 2022-01-02DOI: 10.1080/2049677X.2022.2063518
Ricardo Pelegrin Taboada
During the colonial period, legal professionals from Mexico and Cuba maintained a closed relationship. Legal experts arrived in America to join the colonial establishment, but excessive litigiousness among settlers forced the Crown to forbid lawyers from overseas. However, it became increasingly necessary for functionaries to hold law degrees to occupy municipal positions, and thus, Spain created colonial universities. Cuban students increasingly studied law in Mexico and, upon graduation, joined the professional network across the Spanish Empire. The foundation of the University of Havana in 1728 further strengthened the intellectual connections between Cuba and Mexico. In 1760, Mexican elites created a Colegio de Abogados with strict membership requirements based on lineage, race, and class, and lawyers in Havana submitted a petition to open their own Colegio in 1812 to preserve the exclusivity of the legal professions.
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Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063520
G. Dreijer
Philip Hellwege’s edited volume on the history of mutual insurance, or lack thereof, within professional guilds across Europe is already the seventh volume in his Comparative Studies in the History of Insurance Law. The series derives from his European Research Council funded project A Comparative History of Insurance Law in Europe, in which the development of insurance in its manifold forms is explicitly researched from a comparative perspective. At the time of writing this review, volume fifteen has very recently appeared, testifying to the enormous productivity of Hellwege and his large team. The chapters in the book are divided geographically, with Hellwege writing an introductory text and the comparative conclusion (alongside a chapter on Germany). In order, the book contains chapters on the Southern Low Countries/ Belgium, the Northern Low Countries/The Netherlands, Germany, England, Scandinavia, France, Italy, Spain, Poland and Hungary. In the introduction, Hellwege explains (20) that he had considered various formats for the order of chapters, but in the end decided on this order, without explaining the reasons. This is unfortunate, as indeed multiple options could have been considered. Hellwege, writing from a German perspective, provides a most fascinating historiographical introduction on the link between guild support and (mutual) insurance. He explains that most German authors have seen three roots of insurance: first, marine insurance as the origin of commercial insurance; second, cooperative protection within guilds; and third, state-run insurance schemes developed from the seventeenth century onwards, the latter two as the origin for fire and life insurance. This provides a more sophisticated form of argumentation than the English-language literature, which most often teleologically presents marine insurance as the source of all forms of insurance. The German literature, while also flawed (as Hellwege points out in his chapter on Germany), therefore offers a more nuanced introduction to the problem of guilds and insurance. Why not then start with Germany and move thence to Poland? Hellwege and Jakub Pokoj (in his chapter on Poland) offer most interesting comparisons between the two case studies; moreover, this restructuring would move the contributions on the Low Countries and England deeper into the volume, thereby helping to avoid (however inadvertently) privileging Western over Southern and Central Europe. Hellwege, in his introduction, writes that the questions underlying the volume are
菲利普·赫尔维格（Philip Hellwege）编辑的关于欧洲各地专业协会内部相互保险史或缺乏相互保险史的一卷，已经是他《保险法史比较研究》（Comparative Studies in the history of insurance Law）的第七卷。该系列源自他在欧洲研究委员会资助的项目“欧洲保险法的比较史”，在该项目中，明确从比较的角度研究了多种形式的保险的发展。在撰写本评论时，第十五卷最近出版，证明了Hellwege及其庞大团队的巨大生产力。书中的章节按地理位置划分，Hellwege撰写了介绍性文本和比较结论（以及关于德国的章节）。按顺序，本书包含关于南部低地国家/比利时、北部低地国家/荷兰、德国、英国、斯堪的纳维亚半岛、法国、意大利、西班牙、波兰和匈牙利的章节。在引言中，Hellwege解释说（20）他曾考虑过章节顺序的各种格式，但最终决定了这个顺序，但没有解释原因。这是不幸的，因为实际上可以考虑多种选择。Hellwege从德国人的角度出发，对公会支持和（共同）保险之间的联系进行了最引人入胜的历史介绍。他解释说，大多数德国作家都看到了保险的三个根源：首先，海上保险是商业保险的起源；第二，行会内部的合作保护；第三，国营保险制度从17世纪开始发展，后两者作为火灾和人寿保险的起源。这提供了一种比英语文献更复杂的论证形式，英语文献通常从目的论的角度将海上保险视为所有形式保险的来源。德国文学虽然也有缺陷（正如Hellwege在其关于德国的章节中指出的那样），但因此对行会和保险问题提供了更细致的介绍。为什么不从德国开始，然后从那里转移到波兰呢？Hellwege和Jakub Pokoj（在他关于波兰的章节中）对这两个案例研究进行了最有趣的比较；此外，这种重组将使对低地国家和英格兰的贡献进一步深入，从而有助于避免（无论多么无意）将西欧置于南欧和中欧之上。Hellwege在他的引言中写道，这本书背后的问题是
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Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063517
G. V. Nifterik
Edward Coke’s Prohibitions del Roy (1608) at first sight seems a typically English discourse: a common law judge arguing for the independence of the common law courts from his king and from the conciliar courts and civil law jurists. A closer look from a European position reveals another picture, however. Compared with discussions by his (near) contemporaries Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot, it turns out that Coke’s plea fits neatly in a Europe-wide process resulting from growing tension between iurisdictio and imperium and between the traditional and voluntarist approaches of the state and public power, as well as an increase in public functions, that necessitated a sharp distinction between the judicature and the administration. Both in theory and practice new balances had to be found. This article focusses on the theory.
爱德华·科克(Edward Coke)的《罗伊禁令》(prohiprohites del Roy, 1608)乍一看似乎是典型的英国话语:一位普通法法官主张普通法法院独立于他的国王、法院和民法法学家。然而，从欧洲的角度仔细观察，就会发现另一幅图景。与他(近)同时代的Fernando Vázquez de Menchaca、Jean Bodin和Hugo de Groot的讨论相比，事实证明，Coke的请求完全符合欧洲范围内的进程，这一进程是由法权和统治权之间、国家和公共权力的传统和唯意志主义方法之间日益紧张的关系以及公共职能的增加所导致的，这就需要在司法和行政之间进行明确的区分。必须在理论和实践中找到新的平衡。本文主要从理论上进行论述。
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Pub Date : 2022-01-02DOI: 10.1080/2049677X.2022.2063523
I. Burney
in inheritance laws. These family structures with a remarried elderly parent, a new step-parent and adult children perhaps tend, more than others, to clash over inheritance and family assets. To conclude, this anthology is both a well-written and a most welcome contribution to Nordic legal history research on inheritance law. One of the great benefits of Nordic Inheritance Law is that it explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into both historical and contemporary inheritance practices. The mixture of historical and contemporary inheritance practices presented in the anthology works very well. The importance of inheritance and inheritance law in the past, the present and in the future is indisputable. Death is certain for every one of us, even though its hour is uncertain: mors certa, hora incerta.
{"title":"Medicine and justice: medico-legal practice in England and Wales, 1700–1914","authors":"I. Burney","doi":"10.1080/2049677X.2022.2063523","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063523","url":null,"abstract":"in inheritance laws. These family structures with a remarried elderly parent, a new step-parent and adult children perhaps tend, more than others, to clash over inheritance and family assets. To conclude, this anthology is both a well-written and a most welcome contribution to Nordic legal history research on inheritance law. One of the great benefits of Nordic Inheritance Law is that it explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into both historical and contemporary inheritance practices. The mixture of historical and contemporary inheritance practices presented in the anthology works very well. The importance of inheritance and inheritance law in the past, the present and in the future is indisputable. Death is certain for every one of us, even though its hour is uncertain: mors certa, hora incerta.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"98 - 103"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43574677","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 : 2021-11-17DOI: 10.1080/2049677x.2021.2001968
S. Cattelan
During the Middle Ages, the Republic of Venice gradually gained control over the Adriatic Sea. Leading medieval jurists argued in favour of Venetian maritime jurisdiction based on Roman law principles and geopolitical realities. However, starting from the end of the fifteenth century, new developments, such as oceangoing navigation, challenged the foundations of the Serenissima’s wealth and power. The 1610s represented a particularly critical conjuncture for Venice, whose dominion over the Adriatic Sea was disputed by powerful actors. In 1609, Hugo Grotius published the famous pamphlet Mare liberum, which advocated the freedom of the sea towards the Indies based on natural law principles and had the potential to endanger Venetian dominance over the Adriatic Sea as well. In this context, Paolo Sarpi, consultant of the Venetian government, elaborated a legal-political defence of Venetian dominion over the Adriatic. His ideas should be read as a reaction but not a direct reply toMare liberum.
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Pub Date : 2021-11-14DOI: 10.1080/2049677x.2021.1997379
A. Wijffels
{"title":"Government use of print. Official publications in the Holy Roman Empire, 1500–1600","authors":"A. Wijffels","doi":"10.1080/2049677x.2021.1997379","DOIUrl":"https://doi.org/10.1080/2049677x.2021.1997379","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45681546","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 : 2021-11-11DOI: 10.1080/2049677x.2021.2001969
Dovilė Sagatienė
{"title":"Socialism and legal history. The histories and historians of law in socialist East Central Europe","authors":"Dovilė Sagatienė","doi":"10.1080/2049677x.2021.2001969","DOIUrl":"https://doi.org/10.1080/2049677x.2021.2001969","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46319614","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 : 2021-11-07DOI: 10.1080/2049677x.2021.1997380
Heikki Pihlajamäki
{"title":"Knowledge of the pragmatici: legal and moral theological literature and the formation of early modern Ibero-America","authors":"Heikki Pihlajamäki","doi":"10.1080/2049677x.2021.1997380","DOIUrl":"https://doi.org/10.1080/2049677x.2021.1997380","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44221046","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}
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