Pub Date : 2021-01-02DOI: 10.1080/2049677X.2021.1908936
K. Chaudhuri
Building upon the literature review of crimes and punishments in Japan from the Middle Ages to modern times, this paper highlights the contradictory forces driving the evolution of criminal law and criminal justice. Individual versus State, human rights versus government powers – these are some of the struggles Japanese rulers and legal thinkers have been facing. After an initial period of isolation during the Tokugawa Era, the country's criminal justice system, although it embraced a comparative approach, has nevertheless developed by constantly switching between nostalgia for traditional values and demand for the acknowledgement of universal rights. By tracing the fragmented process that led to a modern criminal justice system, the present research shows the effect of legal transplants on national criminal policies and, in particular, on the struggle between the conservatives, who claim wider government powers in the name of traditional values, and the progressivists, who warn against the threat of human rights violations.
{"title":"Caught between nostalgia and modernisation: The history of criminal justice and punishments in Japan","authors":"K. Chaudhuri","doi":"10.1080/2049677X.2021.1908936","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908936","url":null,"abstract":"Building upon the literature review of crimes and punishments in Japan from the Middle Ages to modern times, this paper highlights the contradictory forces driving the evolution of criminal law and criminal justice. Individual versus State, human rights versus government powers – these are some of the struggles Japanese rulers and legal thinkers have been facing. After an initial period of isolation during the Tokugawa Era, the country's criminal justice system, although it embraced a comparative approach, has nevertheless developed by constantly switching between nostalgia for traditional values and demand for the acknowledgement of universal rights. By tracing the fragmented process that led to a modern criminal justice system, the present research shows the effect of legal transplants on national criminal policies and, in particular, on the struggle between the conservatives, who claim wider government powers in the name of traditional values, and the progressivists, who warn against the threat of human rights violations.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"89 - 110"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908936","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48461137","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.2021.1908938
Thomas Duve
resisters to hide people known as the Landelijke Organisatie voor Hulp aan Onderduikers, or LO (National Organization for Help to Those in Hiding). Before readers brush that off as mere domestic rearrangement, consider the logistical challenge of hiding three hundred thousand individuals in a densely urbanized, mostly flat country run by two Nazis, Arthur SeyssInquart and Hanns Rauter, who were later executed for crimes against humanity. For the single matter of food for the onderduikers, someone needed to forge or steal ration coupons, and different people, usually young women, needed to carry them past enemy soldiers to deliver them to those in hiding. Someone else had to go shopping for more people than were legally registered in his or her household—not once, but weekly or monthly. In fact, the leaders of the LO found they needed their own assault groups, the Landelijke Knokploegen (LKP), to destroy population registers and discourage overly enthusiastic collaborators. SOE’s reaction to all this popular ferment was to ignore it or deplore it as premature, meaning before Allied tanks arrived to protect the population. Allied strategists somehow decided that “the lethargy of the people” (282) in the Netherlands ruled out anything more than passive resistance. If one uses the broader definition of “resistance” as opposition to Nazi rule, however, one can only conclude that the Dutch Resistance had widespread popular support, engaged in energetic measures, and suffered high losses because of it. In addition to challenging long-standing myths about the Resistance, Wieviorka promises the first transnational history of the Resistance in Western Europe. Once again, though, we run into the problem of definition. This is a well-written and masterfully structured discussion of an international agency’s operations in six countries. But international is not the same as transnational. Nor does movement across borders and the participation of citizens of several nations make something transnational. International, surely, even global, but not necessarily transnational. It is entirely possible that some of the SOE agents parachuted behind enemy lines who spoke more than one language and went deeply undercover had transnational experiences in which national categories and boundaries blurred to the point of meaninglessness to them. But Wieviorka discusses only the higher-ups who dispatched such people from the United Kingdom. Even so, Wieviorka’s contention that, despite what Charles de Gaulle said, resistance did not adhere to strictly national groupings is correct. The big movements and the secret armies tended to be national in scope, but more homegrown opposition sometimes thought outside the national box. In December 1943, for example, French resisters who rescued the crew of a crashed American B-17 bomber passed the men to their Belgian neighbors because they knew the Germans searching for the men had more respect for the international border than they d
藏匿人员的抵抗者被称为“国家藏匿人员帮助组织”（Landelijke Organisatie voor Hulp aan Onderduikers）。在读者将其视为仅仅是国内的重新安排之前，请考虑一下将30万人藏匿在一个由两名纳粹分子Arthur SeyssInquirt和Hanns Rauter统治的高度城市化、基本平坦的国家的后勤挑战，他们后来因反人类罪被处决。对于流浪者的食物，需要有人伪造或偷走配给券，不同的人，通常是年轻女性，需要把它们带过敌方士兵，送到躲藏的人那里。其他人不得不为比他或她的家庭合法登记的人更多的人购物——不是一次，而是每周或每月。事实上，LO的领导人发现他们需要自己的攻击组织Landelijke Knokploegen（LKP）来摧毁人口登记册，并劝阻过于热情的合作者。SOE对所有这些普遍发酵的反应是忽视它，或者谴责它为时过早，这意味着在盟军坦克抵达保护民众之前。盟军战略家不知何故决定，荷兰“人民的无精打采”（282）排除了被动抵抗之外的任何可能性。然而，如果用更广泛的“抵抗”定义来反对纳粹统治，人们只能得出结论，荷兰抵抗运动得到了广泛的民众支持，采取了强有力的措施，并因此遭受了巨大损失，维维奥尔卡承诺开创西欧抵抗运动的第一个跨国历史。然而，我们再一次遇到了定义的问题。这是一篇关于一家国际机构在六个国家的业务的精心撰写和结构巧妙的讨论。但国际性与跨国性不同。跨国流动和几个国家公民的参与也不意味着什么是跨国的。国际的，当然，甚至是全球性的，但不一定是跨国的。完全有可能的是，一些空降敌后、会说多种语言并深入卧底的国有企业特工有跨国经历，在这些经历中，国家类别和边界模糊到对他们来说毫无意义的地步。但维维奥尔卡只讨论了从英国派遣这些人的高层。即便如此，维维奥尔卡的论点是正确的，即尽管戴高乐说过，抵抗并没有严格遵守国家团体。大型运动和秘密军队的范围往往是全国性的，但更多的本土反对派有时会跳出国家的框框。例如，1943年12月，营救一架坠毁的美国B-17轰炸机机组人员的法国抵抗者将这些人交给了他们的比利时邻居，因为他们知道寻找这些人的德国人比他们更尊重国际边界。比利时人把美国人带到荷兰-巴黎逃亡线，这是一个横跨五个国家的男女网络。他们只从“被占领”和“未被占领”的角度来看待这片土地。美国人回到他们的基地，这要归功于一群属于本土抵抗组织的平民，他们共同尊重人类生命的价值，而不是民族身份。战争的环境也意味着许多人在国外以外籍人士或难民的身份度过了占领期。其中一些人与其他人共同捍卫反对纳粹主义的人道主义价值观。事实上，在许多情况下，抵抗提供了一种对理想的痛苦捍卫，这种理想将个人带入跨国社区和行动。历史学家现在开始探索这种跨国抵抗。维维奥尔卡为我们讲述了SOE和西欧颠覆战争的优秀历史。比较几个国家对事件的政治反应，可以明智地讨论几个长期存在的神话。但他对“抵抗”的定义过于狭隘，使他无法像书名所承诺的那样书写“西欧抵抗”的历史。MEGAN KOREMAN独立学者
{"title":"A short history of European law: the last two and a half millennia","authors":"Thomas Duve","doi":"10.1080/2049677X.2021.1908938","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908938","url":null,"abstract":"resisters to hide people known as the Landelijke Organisatie voor Hulp aan Onderduikers, or LO (National Organization for Help to Those in Hiding). Before readers brush that off as mere domestic rearrangement, consider the logistical challenge of hiding three hundred thousand individuals in a densely urbanized, mostly flat country run by two Nazis, Arthur SeyssInquart and Hanns Rauter, who were later executed for crimes against humanity. For the single matter of food for the onderduikers, someone needed to forge or steal ration coupons, and different people, usually young women, needed to carry them past enemy soldiers to deliver them to those in hiding. Someone else had to go shopping for more people than were legally registered in his or her household—not once, but weekly or monthly. In fact, the leaders of the LO found they needed their own assault groups, the Landelijke Knokploegen (LKP), to destroy population registers and discourage overly enthusiastic collaborators. SOE’s reaction to all this popular ferment was to ignore it or deplore it as premature, meaning before Allied tanks arrived to protect the population. Allied strategists somehow decided that “the lethargy of the people” (282) in the Netherlands ruled out anything more than passive resistance. If one uses the broader definition of “resistance” as opposition to Nazi rule, however, one can only conclude that the Dutch Resistance had widespread popular support, engaged in energetic measures, and suffered high losses because of it. In addition to challenging long-standing myths about the Resistance, Wieviorka promises the first transnational history of the Resistance in Western Europe. Once again, though, we run into the problem of definition. This is a well-written and masterfully structured discussion of an international agency’s operations in six countries. But international is not the same as transnational. Nor does movement across borders and the participation of citizens of several nations make something transnational. International, surely, even global, but not necessarily transnational. It is entirely possible that some of the SOE agents parachuted behind enemy lines who spoke more than one language and went deeply undercover had transnational experiences in which national categories and boundaries blurred to the point of meaninglessness to them. But Wieviorka discusses only the higher-ups who dispatched such people from the United Kingdom. Even so, Wieviorka’s contention that, despite what Charles de Gaulle said, resistance did not adhere to strictly national groupings is correct. The big movements and the secret armies tended to be national in scope, but more homegrown opposition sometimes thought outside the national box. In December 1943, for example, French resisters who rescued the crew of a crashed American B-17 bomber passed the men to their Belgian neighbors because they knew the Germans searching for the men had more respect for the international border than they d","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"116 - 118"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908938","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47889388","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.2021.1908937
Rogerio R. Tostes
This book is a major contribution to the analysis of the development of criminal institutions in the Late Middle Ages. The book is framed within the context of the author’s in-depth debates about sources and is sensitive to changes on the European continent from the tenth to the fifteenth centuries. It fills a gap in scholarship about the varied mosaic of jurisdictional rivalries that explain criminal practices on the imputability and evolution of legal institutions, such as the death penalty. As the author explains in his introduction, the book’s entire subject was conceived through academic events in which he participated. Under the sponsorship of the Laboratoire de Médiévistique Occidentale de Paris, Sabaté presented the first results of his research at a seminar organised at the invitation of Claude Gauvard, a renowned expert on the history of violence in France. Subsequently, both scholars participated in the next congress at the Crime History Centre of the Basque Country, alongside other prominent specialists such as Andrea Zorzi and Martine Charageat. At this event, an essential comparative focus was applied to the subject of the death penalty in late-medieval societies. From this meeting emerged the first version of this book, which led the author to expand his research material to the current version that is now published. Coincidentally, in the same year that Death Penalty in Late-Medieval Catalonia was published, Gauvard also released a book conceived at the same meeting: Condamner à mort au Moyen Âge. These two monographs have much in common with the interpretation of the creation of the modern state developed by Jean-Philippe Genet and Wim Blockman in recent decades. Both books present reasoning concerned with the symbolic aspect of violence as an instrument of social pacification, as well as its incorporation into a state’s political discourse. According to its prospectus, Sabaté’s book claims to be a synthesis covering the late medieval period, during which Catalonia’s historical advent took place. That is, Sabaté is delimiting a historical period beginning with the formation of the first counties as the Carolingian rule gradually lost control from the tenth
这本书是对中世纪晚期刑事制度发展分析的重要贡献。这本书是在作者对来源进行深入辩论的背景下编写的，对10世纪至15世纪欧洲大陆的变化很敏感。它填补了学术界对各种管辖权竞争的空白，这些竞争解释了刑事实践对法律制度（如死刑）的可指责性和演变的影响。正如作者在引言中所解释的那样，这本书的整个主题都是通过他参与的学术活动来构思的。在西方巴黎博物馆的赞助下，萨巴特应法国著名暴力史专家克劳德·高瓦德的邀请，在一次研讨会上发表了他的第一个研究结果。随后，两位学者与Andrea Zorzi和Martine Charageat等其他著名专家一起参加了巴斯克国家犯罪历史中心的下一届大会。在这次活动中，对中世纪晚期社会的死刑问题进行了重要的比较关注。这次会议产生了这本书的第一个版本，这使得作者将他的研究材料扩展到现在出版的当前版本。巧合的是，就在《中世纪晚期加泰罗尼亚的死刑》出版的同一年，高瓦德也在同一次会议上出版了一本书：《Condamneràmort au Moyenège》。这两部专著与让-菲利普·热内和维姆·布洛克曼近几十年来对现代国家创建的解释有很多共同之处。这两本书都提出了关于暴力作为社会安抚工具的象征性方面的推理，以及将其纳入国家政治话语的推理。根据其招股书，萨巴特的书声称是一本涵盖中世纪晚期的综合书，加泰罗尼亚的历史出现发生在这段时期。也就是说，萨巴特正在划定一个历史时期，从第一个县的形成开始，因为加洛林王朝的统治从第十个县开始逐渐失去控制
{"title":"Death penalty in late-medieval Catalonia. Evidence and significations","authors":"Rogerio R. Tostes","doi":"10.1080/2049677X.2021.1908937","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908937","url":null,"abstract":"This book is a major contribution to the analysis of the development of criminal institutions in the Late Middle Ages. The book is framed within the context of the author’s in-depth debates about sources and is sensitive to changes on the European continent from the tenth to the fifteenth centuries. It fills a gap in scholarship about the varied mosaic of jurisdictional rivalries that explain criminal practices on the imputability and evolution of legal institutions, such as the death penalty. As the author explains in his introduction, the book’s entire subject was conceived through academic events in which he participated. Under the sponsorship of the Laboratoire de Médiévistique Occidentale de Paris, Sabaté presented the first results of his research at a seminar organised at the invitation of Claude Gauvard, a renowned expert on the history of violence in France. Subsequently, both scholars participated in the next congress at the Crime History Centre of the Basque Country, alongside other prominent specialists such as Andrea Zorzi and Martine Charageat. At this event, an essential comparative focus was applied to the subject of the death penalty in late-medieval societies. From this meeting emerged the first version of this book, which led the author to expand his research material to the current version that is now published. Coincidentally, in the same year that Death Penalty in Late-Medieval Catalonia was published, Gauvard also released a book conceived at the same meeting: Condamner à mort au Moyen Âge. These two monographs have much in common with the interpretation of the creation of the modern state developed by Jean-Philippe Genet and Wim Blockman in recent decades. Both books present reasoning concerned with the symbolic aspect of violence as an instrument of social pacification, as well as its incorporation into a state’s political discourse. According to its prospectus, Sabaté’s book claims to be a synthesis covering the late medieval period, during which Catalonia’s historical advent took place. That is, Sabaté is delimiting a historical period beginning with the formation of the first counties as the Carolingian rule gradually lost control from the tenth","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"111 - 116"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908937","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47850704","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.2021.1908930
T. Herzog
This text asks how a greater familiarity with European law would change our vision of colonial territories, most particularly, Latin America. Concentrating on the study of immemorial and native customs in both European and American territories, it argues that these customs were not necessarily ancient or authentic. Instead, they authorised making legal exceptions to the general rule in a legal universe that was dramatically different from our own. They sustained the existence and legitimacy of a local juridical sphere while also maintaining the importance of a common, cross-Christian, legal understanding. By showcasing what practitioners, jurists, theologians, and scholars have said about customs during the early modern period and since, the aim is not to criticise what had been done by others but to offer a useful framework that would allow us to meaningfully merge the multiplicity of voices historians have already recovered, as well as supply those who work on these issues with the necessary background.
{"title":"Immemorial (and native) customs in early modernity: Europe and the Americas","authors":"T. Herzog","doi":"10.1080/2049677X.2021.1908930","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908930","url":null,"abstract":"This text asks how a greater familiarity with European law would change our vision of colonial territories, most particularly, Latin America. Concentrating on the study of immemorial and native customs in both European and American territories, it argues that these customs were not necessarily ancient or authentic. Instead, they authorised making legal exceptions to the general rule in a legal universe that was dramatically different from our own. They sustained the existence and legitimacy of a local juridical sphere while also maintaining the importance of a common, cross-Christian, legal understanding. By showcasing what practitioners, jurists, theologians, and scholars have said about customs during the early modern period and since, the aim is not to criticise what had been done by others but to offer a useful framework that would allow us to meaningfully merge the multiplicity of voices historians have already recovered, as well as supply those who work on these issues with the necessary background.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"3 - 55"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908930","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42336868","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.2021.1908940
M. Korpiola
hands of legal historians like them, had a similar, moral and political ambition, namely to bring various particular laws closer to one another for the sake of promoting more harmonious, friendly international relations. The primary objective of the driving forces behind the Paris congress, then, was not primarily scientific but practical in nature. As Saleilles acknowledged in his report on the usefulness of comparative law, a lawyer cannot help but draw practical conclusions from the theoretical insights gained from comparing different legal systems. In this regard, Saleilles rejected forms of comparative law consisting in the mere juxtaposition of foreign legal systems or the classification into legal families. One had to confront the different laws and then adapt inspiring foreign laws to the needs of one’s own legal system, taking into account contextual particularities, including local customs and traditions. Saleilles rebuked the exegetical approach of law, promoting a larger view of the sources of the law instead, which included taking inspiration from foreign laws. Lambert, his pupil and admirer, articulated an interesting distinction between comparative law as a ‘science of law’ (science du droit) and a ‘juridical science’ (science juridique). While the former came close to ethnology and sociology, trying to retrieve the eternal patterns guiding the evolution of law as a social phenomenon, the latter had a practical dimension: it wanted to change the laws and the societies that they are operating in. Its end goal was ‘rapprochement’.
{"title":"History and the law: a love story","authors":"M. Korpiola","doi":"10.1080/2049677X.2021.1908940","DOIUrl":"https://doi.org/10.1080/2049677X.2021.1908940","url":null,"abstract":"hands of legal historians like them, had a similar, moral and political ambition, namely to bring various particular laws closer to one another for the sake of promoting more harmonious, friendly international relations. The primary objective of the driving forces behind the Paris congress, then, was not primarily scientific but practical in nature. As Saleilles acknowledged in his report on the usefulness of comparative law, a lawyer cannot help but draw practical conclusions from the theoretical insights gained from comparing different legal systems. In this regard, Saleilles rejected forms of comparative law consisting in the mere juxtaposition of foreign legal systems or the classification into legal families. One had to confront the different laws and then adapt inspiring foreign laws to the needs of one’s own legal system, taking into account contextual particularities, including local customs and traditions. Saleilles rebuked the exegetical approach of law, promoting a larger view of the sources of the law instead, which included taking inspiration from foreign laws. Lambert, his pupil and admirer, articulated an interesting distinction between comparative law as a ‘science of law’ (science du droit) and a ‘juridical science’ (science juridique). While the former came close to ethnology and sociology, trying to retrieve the eternal patterns guiding the evolution of law as a social phenomenon, the latter had a practical dimension: it wanted to change the laws and the societies that they are operating in. Its end goal was ‘rapprochement’.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"9 1","pages":"120 - 123"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2021.1908940","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47922401","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 : 2020-07-02DOI: 10.1080/2049677x.2020.1830489
P. Sand
This study tracks the ancient Ethiopian Fetḥa Nagaśt (‘Law of the Kings’) to its origins, which date back to compilations of Roman-Byzantine law from the fifth to the ninth centuries, first translated from Greek into Arabic by Coptic Christian jurists in Egypt in the twelfth and thirteenth centuries and into the classical Ethiopic language (Ge’ez) in the mid-seventeenth century. The transfer of this Eastern Roman torso of law to the radically different social environment of Ethiopia may be ranked as one of the earliest systemic ‘receptions’ in comparative legal history. While never attaining the dominant status of Roman law in medieval European practice, the survival and resilience of the Fetḥa Nagaśt in the subsequent evolution of the country’s legal and political system from the seventeenth century onwards has indeed been remarkable – including its ‘inspirational’ role acknowledged in twentieth-century modern codifications. What distinguishes Ethiopia from other ‘mixed legal systems’, though, is the absence of a ‘genetic’ relationship with any one foreign legal system.
{"title":"Roman law in Ethiopia: traces of a seventeenth century transplant","authors":"P. Sand","doi":"10.1080/2049677x.2020.1830489","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830489","url":null,"abstract":"This study tracks the ancient Ethiopian Fetḥa Nagaśt (‘Law of the Kings’) to its origins, which date back to compilations of Roman-Byzantine law from the fifth to the ninth centuries, first translated from Greek into Arabic by Coptic Christian jurists in Egypt in the twelfth and thirteenth centuries and into the classical Ethiopic language (Ge’ez) in the mid-seventeenth century. The transfer of this Eastern Roman torso of law to the radically different social environment of Ethiopia may be ranked as one of the earliest systemic ‘receptions’ in comparative legal history. While never attaining the dominant status of Roman law in medieval European practice, the survival and resilience of the Fetḥa Nagaśt in the subsequent evolution of the country’s legal and political system from the seventeenth century onwards has indeed been remarkable – including its ‘inspirational’ role acknowledged in twentieth-century modern codifications. What distinguishes Ethiopia from other ‘mixed legal systems’, though, is the absence of a ‘genetic’ relationship with any one foreign legal system.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"116 - 143"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1830489","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42014679","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 : 2020-07-02DOI: 10.1080/2049677x.2020.1830492
Inbal Blau, Omer Aloni
Since the early days of Zionism, the role of law, its practice and how it generated many of the fundamental dilemmas that challenged the struggling nascent community have been intriguing. Although ...
{"title":"Law and identity in Israel: a century of debate","authors":"Inbal Blau, Omer Aloni","doi":"10.1080/2049677x.2020.1830492","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830492","url":null,"abstract":"Since the early days of Zionism, the role of law, its practice and how it generated many of the fundamental dilemmas that challenged the struggling nascent community have been intriguing. Although ...","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"194 - 198"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1830492","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46803321","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 : 2020-07-02DOI: 10.1080/2049677x.2020.1830491
J. Husa
To be, or not to be, that is the question 1 During the last couple of decades, the field of comparative legal history has gradually taken shape. Indeed, it is perhaps not an exaggeration to depict ...
生存还是毁灭，这是一个问题。在过去的几十年里，比较法律史领域逐渐形成。的确，描述……也许并不夸张。
{"title":"Seeking a disciplinary identity – the case of comparative legal history","authors":"J. Husa","doi":"10.1080/2049677x.2020.1830491","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830491","url":null,"abstract":"To be, or not to be, that is the question 1 During the last couple of decades, the field of comparative legal history has gradually taken shape. Indeed, it is perhaps not an exaggeration to depict ...","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"173 - 193"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1830491","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45907423","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 : 2020-07-02DOI: 10.1080/2049677x.2020.1830493
Heikki Pihlajamäki
It is difficult to think of a better example than Russia of why understanding the contemporary world requires historical knowledge. Works by excellent historians such as Timothy Snyder have served ...
{"title":"Law and the Russian state: Russia’s legal evolution from Peter the Great to Vladimir Putin","authors":"Heikki Pihlajamäki","doi":"10.1080/2049677x.2020.1830493","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830493","url":null,"abstract":"It is difficult to think of a better example than Russia of why understanding the contemporary world requires historical knowledge. Works by excellent historians such as Timothy Snyder have served ...","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"199 - 203"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1830493","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45043774","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}
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：