Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Düsseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.
{"title":"Defeating impunity: Attempts at international justice in Europe since 1914","authors":"M. Bryant","doi":"10.3167/9781800732612","DOIUrl":"https://doi.org/10.3167/9781800732612","url":null,"abstract":"Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Düsseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"106 - 110"},"PeriodicalIF":1.2,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45376672","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 : 2021-07-03DOI: 10.1080/2049677X.2021.1997377
Mark A. Sammut Sassi
The Criminal Law of Malta was codified in 1854 under British rule. Prior to that, Maltese criminal law was subject to regulation by the Municipal Code of 1784, promulgated by the government of the Knights of St John. In both instances, the Maltese themselves were active in the creation of the legal text, and in both cases, they explicitly referred to the Maltese nation and to law and its notional relationship with the nation and that relationship’s ramifications. The question therefore arises whether codification nationalised criminal law in Malta, where a Frenchified élite that spoke Italian belonged to the ius commune tradition, was alive to the Enlightenment, and sought to resist a complete take-over under the occupation of a ruler whose common-law system mistrusted codification.
{"title":"An enlightened shadow? Elements of the intellectual climate at the time of the codification of the Criminal Law of Malta","authors":"Mark A. Sammut Sassi","doi":"10.1080/2049677X.2021.1997377","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1997377","url":null,"abstract":"The Criminal Law of Malta was codified in 1854 under British rule. Prior to that, Maltese criminal law was subject to regulation by the Municipal Code of 1784, promulgated by the government of the Knights of St John. In both instances, the Maltese themselves were active in the creation of the legal text, and in both cases, they explicitly referred to the Maltese nation and to law and its notional relationship with the nation and that relationship’s ramifications. The question therefore arises whether codification nationalised criminal law in Malta, where a Frenchified élite that spoke Italian belonged to the ius commune tradition, was alive to the Enlightenment, and sought to resist a complete take-over under the occupation of a ruler whose common-law system mistrusted codification.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"208 - 235"},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41401681","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 : 2021-07-03DOI: 10.1080/2049677X.2021.1997381
Jasmin Hepburn
{"title":"Cultures of law in urban Northern Europe: Scotland and its neighbours c. 1350–1650","authors":"Jasmin Hepburn","doi":"10.1080/2049677X.2021.1997381","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1997381","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"247 - 250"},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42511204","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 : 2021-07-03DOI: 10.1080/2049677X.2021.1997382
S. Butler
Riikka Miettinen’s fine first book strikes a powerful blow to the ‘myth of early modern strong states’ (9). In legal historical circles, the early modern era is best known for its Judicial Revolution, which witnessed a transition from restorative justice administered locally and communally to a system based on retributive justice, imposed top-down by a centralized and bureaucratized state, and which employed an elite, university-educated judicature. What is at debate here is the extent to which this transition empowered the state and permitted control over its subjects and their values. While studies like Matthew Lockwood’s recent Conquest of Death: Violence and the Birth of the Modern English State see this transition as integral to the development of an authoritarian state controlling its population with an iron grip, Miettinen demonstrates the sheer impossibility of the ideal for the early modern Kingdom of Sweden. Not only was the kingdom sparsely populated, with 90% of its population living in isolated rural hamlets, it was a land of diversity. Including also Finland and Kexholm, the realm’s inhabitants were linguistically diverse (speaking Swedish, Finnish and Russian) and religiously diverse (Lutheran, eastern Orthodox and the animistic faith of the Sámi people). Miettinen uses the crime of suicide as a gateway to underscore just how local and communal justice continued to be during this crucial period. The bulk of the historical literature has focussed on attitudes towards suicide, and thus it is appropriate that Miettinen begins there with Chapter Two (the Introduction being Chapter One). Sweden was late to the game when it comes to the criminalization of suicide: it was not counted as such until the code known as King Christopher’s Law passed in 1442. As is typical across Europe, the law recommended shaming punishments imposed upon the corpse to draw attention to the felon’s outcast state. The nature of the penalty prescribed depended upon his or her peace of mind at the time of death: sane suicides were sentenced to
Riikka Miettinen的第一本书对“早期现代强势国家的神话”进行了有力的打击(9)。在法律史学界，早期现代最著名的是司法革命，它见证了从地方和社区管理的恢复性司法向基于报复性司法的系统的转变，由中央集权和官僚化的国家自上而下实施，并雇用了受过大学教育的精英司法人员。这里争论的是，这种转变在多大程度上赋予了国家权力，并允许对其臣民及其价值观进行控制。马修·洛克伍德(Matthew Lockwood)最近出版的《征服死亡:暴力与现代英国国家的诞生》(Conquest of Death: Violence and the Modern england State)等研究认为，这种转变是一个威权国家以铁腕控制其人口的发展不可或缺的一部分，而米蒂宁(Miettinen)则证明了早期现代瑞典王国的理想是完全不可能实现的。这个王国不仅人口稀少，90%的人口居住在偏僻的乡村，而且是一片多元化的土地。包括芬兰和克克斯霍尔姆在内，这个王国的居民语言多样(讲瑞典语、芬兰语和俄语)，宗教多样(路德教、东正教和Sámi人的万物有灵论信仰)。米蒂宁以自杀罪为切入点，强调了在这一关键时期，地方和社区的正义是如何继续存在的。大部分历史文献都集中在对自杀的态度上，因此米蒂宁从第二章开始(引言是第一章)是合适的。瑞典在将自杀定为刑事犯罪方面起步较晚:直到1442年被称为“克里斯托弗国王法”的法典通过后，自杀才被视为刑事犯罪。与欧洲各地的典型做法一样，该法律建议对尸体施加羞辱性惩罚，以引起人们对重罪犯被遗弃状态的关注。所规定的刑罚的性质取决于他或她在死亡时的心境:理智的自杀被判处
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Pub Date : 2021-07-03DOI: 10.1080/2049677X.2021.1997378
Luca Siliquini-Cinelli
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Pub Date : 2021-07-03DOI: 10.1080/2049677X.2021.2001967
P. Bajon, Victoria Barnes, E. Whewell
This article aims to contribute to the growing body of scholarship on legal biography. In Britain and the United States, a long standing tradition is to focus on the lives of judges. Existing studies focus on a subject’s early life and background, showing that this experience had an impact on legal ideas and law-making. Yet, there is now a recent resurgence in interest in legal biography that focusses on legal figures elsewhere in the world. The scholarship on figures in supranational entities, such as the British Empire and the European Union, breaks away from the national view of law and adopts a transnational and comparative focus. Scholars grapple with concepts and approaches of following lawyers who go beyond borders and transcend regions. By critically examining the legal biographies of actors in the former British Empire and the European Union, this article considers the value of a global perspective involving an inter-regional lens and the methodological barriers that remain.
{"title":"Global legal biography","authors":"P. Bajon, Victoria Barnes, E. Whewell","doi":"10.1080/2049677X.2021.2001967","DOIUrl":"https://doi.org/10.1080/2049677X.2021.2001967","url":null,"abstract":"This article aims to contribute to the growing body of scholarship on legal biography. In Britain and the United States, a long standing tradition is to focus on the lives of judges. Existing studies focus on a subject’s early life and background, showing that this experience had an impact on legal ideas and law-making. Yet, there is now a recent resurgence in interest in legal biography that focusses on legal figures elsewhere in the world. The scholarship on figures in supranational entities, such as the British Empire and the European Union, breaks away from the national view of law and adopts a transnational and comparative focus. Scholars grapple with concepts and approaches of following lawyers who go beyond borders and transcend regions. By critically examining the legal biographies of actors in the former British Empire and the European Union, this article considers the value of a global perspective involving an inter-regional lens and the methodological barriers that remain.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"127 - 153"},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45243021","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 : 2021-07-03DOI: 10.1080/2049677X.2021.1997375
R. Helmholz
This article compares the origins and later development of two related remedies – one from the canon law, the other from the English common law. Neither has attracted the sustained attention of legal historians, but both played a part in the growth of English law. Although the evidence is insufficient to show that the relationship between the two was that of a ‘legal transplant’, it does produce both significant parallels and differences between them. The comparison also opens a window on the attitudes and habits characteristic of the lawyers on both sides of the divide between the two legal systems.
{"title":"The law of waste and the law of dilapidations: A comparative history","authors":"R. Helmholz","doi":"10.1080/2049677X.2021.1997375","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1997375","url":null,"abstract":"This article compares the origins and later development of two related remedies – one from the canon law, the other from the English common law. Neither has attracted the sustained attention of legal historians, but both played a part in the growth of English law. Although the evidence is insufficient to show that the relationship between the two was that of a ‘legal transplant’, it does produce both significant parallels and differences between them. The comparison also opens a window on the attitudes and habits characteristic of the lawyers on both sides of the divide between the two legal systems.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"154 - 176"},"PeriodicalIF":1.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42316548","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 : 2021-01-02DOI: 10.1080/2049677X.2021.1908939
Wim Decock
provides an overview about some general developments, but is clearly different from others. It is somehow located between the Anglo-American-style Western legal histories and the Italian-German tradition of European legal history as, basically, a history of private law. Harold Berman, Raoul Van Caenegem, Peter Stein, Franz Wieacker, Antonio Padoa Schioppa, Paolo Grossi – to mention just some of the ‘European Legal Histories’ best known in the English-speaking world – draw on mid-twentieth century intellectual frameworks and their underlying historiographical assumptions. Their narrative moves within the tradition of European law as a body of learned law that evolves within a certain stability over the centuries in a closed space and restricted to the continent. Herzog looks at the same periods and topics, but broadens the scope, introduces the common law world as a natural part of Europe and sets European legal history in a global perspective. It is, like her previous book, Frontiers of Possession (2015), an exercise in comparative legal history, but completely detached from traditional spatial or artificial cultural categories. All this is done in a clear language and with many open questions, in a thought-provoking manner. What else would one wish for from ‘A Short History of European Law’ over the last two and a half millennia?
提供一些一般发展的概述，但与其他发展明显不同。它在某种程度上介于英美风格的西方法律史和意大利-德国传统的欧洲法律史之间，基本上是一部私法史。Harold Berman, Raoul Van Caenegem, Peter Stein, Franz Wieacker, Antonio Padoa Schioppa, Paolo Grossi——仅举一些在英语世界最著名的“欧洲法律史”——借鉴了20世纪中期的知识框架及其潜在的史学假设。他们的叙述在欧洲法律的传统中移动，作为一个学术法律的主体，几个世纪以来，在一个封闭的空间里，在一定的稳定性中发展，局限于欧洲大陆。赫尔佐格着眼于相同的时期和主题，但拓宽了范围，将普通法世界作为欧洲的自然组成部分引入，并将欧洲法律史置于全球视野中。就像她的上一本书《占有的边界》(2015)一样，这本书是对比较法律史的一次实践，但完全脱离了传统的空间或人为的文化范畴。所有这一切都以一种清晰的语言和许多开放的问题，以一种发人深省的方式完成。在过去的2500年里，人们还能从《欧洲法简史》中得到什么?
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Pub Date : 2021-01-02DOI: 10.1080/2049677X.2021.1908929
A. Parise, M. Dyson
This journal invites readers to explore law in different jurisdictions and time periods. Comparative legal history–as a discipline–takes readers in journeys across the axes offered by time and space, triggering self-awareness and understanding of otherness, alike. The European Society for Comparative Legal History (ESCLH) takes pride in offering this forum, aiming to foster the study of the development of legal science, the circulation of legal ideas, and the dialogue that takes place across time and space. Issue 1 of Volume 9 invites readers to revisit existing understandings, looking at law and history through novel perspectives. The articles section of this issue takes readers to explore different parts of the mappa mundi, with special attention on events that took place during the Middle Ages and early modern period. The first article, by Tamar Herzog, lays a bridge across the Atlantic Ocean, revisiting the prior understanding of customs. The author offers an enriching dialogue between narratives, noting that actors in Europe and the Americas can learn from each other. The second article, by Paolo Astorri, focusses on European developments that had an impact across the Christian world. The author studies Catholic and Lutheran scholars and the decision-making function of judges. Dialogues, disputes, and different positions remind readers that law is a social (and dynamic) science. The third article, by Kiran Chaudhuri, takes readers to Japan. It looks at developments in criminal law and criminal justice, crossing from the Middle Ages until the twentieth century. The author depicts the dialogue of Japanese legal culture with otherness, looking at the circulation of legal ideas across continents and centuries. The three articles in this issue alert readers that some understandings are not to be considered uncontested dogmas. There is indeed value in revisiting prior understandings, while exposure to otherness can only be beneficial for the disciplinary growth of comparative legal history. The literature on comparative legal history continues to develop. It is the result of the work of scholars who look at the law in different times and spaces. Further, it is nurtured by the publications that derive from academic meetings that take comparative legal history as their main theme. For example, the ESCLH organizes biennial conferences since 2010, while in recent years comparative legal history was the topic of the XXIVth British Legal History Conference and of the 2020 Annual Meeting of the American Society of Comparative Law. The literature also grows as the output of research grants awarded to scholars that devote their efforts to comparative legal historical research. This journal helps to draw attention to recent publications and evaluate their place within the disciplinary literature particularly through its book reviews section. The first book review deals with a study of death penalty in Catalonia, placing developments
{"title":"Editorial","authors":"A. Parise, M. Dyson","doi":"10.1080/2049677X.2021.1908929","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908929","url":null,"abstract":"This journal invites readers to explore law in different jurisdictions and time periods. Comparative legal history–as a discipline–takes readers in journeys across the axes offered by time and space, triggering self-awareness and understanding of otherness, alike. The European Society for Comparative Legal History (ESCLH) takes pride in offering this forum, aiming to foster the study of the development of legal science, the circulation of legal ideas, and the dialogue that takes place across time and space. Issue 1 of Volume 9 invites readers to revisit existing understandings, looking at law and history through novel perspectives. The articles section of this issue takes readers to explore different parts of the mappa mundi, with special attention on events that took place during the Middle Ages and early modern period. The first article, by Tamar Herzog, lays a bridge across the Atlantic Ocean, revisiting the prior understanding of customs. The author offers an enriching dialogue between narratives, noting that actors in Europe and the Americas can learn from each other. The second article, by Paolo Astorri, focusses on European developments that had an impact across the Christian world. The author studies Catholic and Lutheran scholars and the decision-making function of judges. Dialogues, disputes, and different positions remind readers that law is a social (and dynamic) science. The third article, by Kiran Chaudhuri, takes readers to Japan. It looks at developments in criminal law and criminal justice, crossing from the Middle Ages until the twentieth century. The author depicts the dialogue of Japanese legal culture with otherness, looking at the circulation of legal ideas across continents and centuries. The three articles in this issue alert readers that some understandings are not to be considered uncontested dogmas. There is indeed value in revisiting prior understandings, while exposure to otherness can only be beneficial for the disciplinary growth of comparative legal history. The literature on comparative legal history continues to develop. It is the result of the work of scholars who look at the law in different times and spaces. Further, it is nurtured by the publications that derive from academic meetings that take comparative legal history as their main theme. For example, the ESCLH organizes biennial conferences since 2010, while in recent years comparative legal history was the topic of the XXIVth British Legal History Conference and of the 2020 Annual Meeting of the American Society of Comparative Law. The literature also grows as the output of research grants awarded to scholars that devote their efforts to comparative legal historical research. This journal helps to draw attention to recent publications and evaluate their place within the disciplinary literature particularly through its book reviews section. The first book review deals with a study of death penalty in Catalonia, placing developments","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"1 - 2"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908929","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41531777","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 : 2021-01-02DOI: 10.1080/2049677X.2021.1908935
P. Astorri
This article examines the opinions of Catholic and Lutheran authors on the question of whether a judge should decide a case according to his personal knowledge when that knowledge conflicts with the charges and evidence at the trial. The majority of the Catholics contended that the judge had to follow the evidence. They distinguished between the judge as a public functionary and as a private man. The judge could not use in a trial what he knew as a man. There were certain Lutherans whose opinions remained close to this position. However, a significant number argued that the distinction between the judge as a functionary and as a man lacked foundation. Divine law commanded the judge to avoid lies and not to kill an innocent. If the judge knew that someone was innocent and nonetheless condemned him by following the evidence at the trial, he committed a sin. To avoid giving an unjust sentence, the judge had to use the knowledge he had obtained privately.
{"title":"Can a judge rely on his private knowledge? Early modern Lutherans and Catholics compared","authors":"P. Astorri","doi":"10.1080/2049677X.2021.1908935","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908935","url":null,"abstract":"This article examines the opinions of Catholic and Lutheran authors on the question of whether a judge should decide a case according to his personal knowledge when that knowledge conflicts with the charges and evidence at the trial. The majority of the Catholics contended that the judge had to follow the evidence. They distinguished between the judge as a public functionary and as a private man. The judge could not use in a trial what he knew as a man. There were certain Lutherans whose opinions remained close to this position. However, a significant number argued that the distinction between the judge as a functionary and as a man lacked foundation. Divine law commanded the judge to avoid lies and not to kill an innocent. If the judge knew that someone was innocent and nonetheless condemned him by following the evidence at the trial, he committed a sin. To avoid giving an unjust sentence, the judge had to use the knowledge he had obtained privately.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"56 - 88"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908935","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43608753","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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