Journal of Legal History最新文献_第2页

From Usages of Merchants to Default Rules: Practices of Trade, Ius Commune and Urban Law in Early Modern Antwerp 从商人惯例到默认规则:近代早期安特卫普的贸易实践、Ius Commune和城市法

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2012-04-01 DOI: 10.1080/01440365.2012.661140

D. de Ruysscher

{"title":"From Usages of Merchants to Default Rules: Practices of Trade, Ius Commune and Urban Law in Early Modern Antwerp","authors":"D. de Ruysscher","doi":"10.1080/01440365.2012.661140","DOIUrl":"https://doi.org/10.1080/01440365.2012.661140","url":null,"abstract":"In sixteenth-century Antwerp, commercial contracts were supported with refined government-made rules that brought techniques, usages and customs practised by merchants to the level of sophisticated law. Because no body of unwritten substantive law on commerce existed and because commercial practices were often too rudimentary from a legal perspective, in the 1500s detailed and balanced normative precepts on contracts of trade came to be crafted. When in the first decades of the sixteenth century more and more foreign merchants visited Antwerp, its rulers gradually started supplementing and upgrading practices of merchants to default rules regarding contracts, with materials and concepts drawn from the ius commune. In the second half of the sixteenth century, the use of civil law not only further determined the contents of the default rules that were imposed by the Antwerp aldermen, but it also lay at the basis of a change in the latter's policy of establishing precepts of urban law. After 1550, the philosophy of rationality and exhaustiveness found within civil law writings, the appreciation of which was triggered by political and economic factors, was reflected in wide-ranging collections of Antwerp law that covered many legal questions regarding commercial arrangements.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"33 1","pages":"29 - 3"},"PeriodicalIF":0.4,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440365.2012.661140","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Missing Witness? George V, Competence and Compellability and the Criminal Libel Trial of Edward Frederick Mylius 失踪的证人?乔治五世，能力与强制与爱德华·弗雷德里克·米利乌斯的刑事诽谤审判

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2012-03-26 DOI: 10.2139/SSRN.2037498

Robin Callender Smith

引用次数: 0

Customary Rights in Scots Law: Test Cases on Access to Land in the Nineteenth Century 苏格兰法中的习惯权利:19世纪土地使用权的判例

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2007-08-01 DOI: 10.1080/01440360701485181

Andrea Loux Jarman

引用次数: 2

Migrations of Manuscripts 2006 手稿迁移2006

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2007-04-01 DOI: 10.1080/01440360701237905

Sir John Baker

引用次数: 0

The protection of the contractor in public works contracts in the Roman Republic and Early Empire 罗马共和国和帝国早期公共工程合同中承包商的保护

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2004-12-01 DOI: 10.1080/0144036042000290735

P. Du Plessis

引用次数: 11

J.S. Mill on Socrates, Pericles and the Fragility of truth 密尔论苏格拉底、伯里克利和真理的脆弱

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2004-08-01 DOI: 10.1080/014403604200027957

F. Rosen

{"title":"J.S. Mill on Socrates, Pericles and the Fragility of truth","authors":"F. Rosen","doi":"10.1080/014403604200027957","DOIUrl":"https://doi.org/10.1080/014403604200027957","url":null,"abstract":"This quotation from Martha Nussbaum reveals one reason for her study of Greek thought and, particularly, in The Fragility of Goodness for the exploration of several Platonic dialogues and Greek tragedies. Her investigation is also part of a larger philosophical enquiry, which she calls ‘Aristotelian’, and depicts in a somewhat complex way in terms of a ‘reflective dialogue between the intuitions and beliefs of the interlocutor, or reader, and a series of complex ethical conceptions, presented for exploration’. The outcome of this exploration is that the interlocutor or reader learns ‘what they really think’. Such learning seems important because, as she puts it, ‘most people . . . make claims that are false to the complexity and the content of their actual beliefs’. In this paper I hope to set out some reasons for believing that Nussbaum’s brief account of Anglo-American philosophy is false, particularly because that philosophy is based on a clear link between the ethical text and human emotions. At one level, as we shall see, the main tradition of British philosophy (the ‘Anglo’ of ‘Anglo-American’), including Hobbes, Locke, Hume, Smith, Bentham, and James and John Stuart Mill, is deeply rooted not only in psychology, but also in a moral psychology animated by hedonism (i.e. feelings of pleasure and pain and happiness) or sentimentalism (in the technical sense, moral sense theory). At another level with regard to the text itself, I hope to show in one example at least, that of John Stuart Mill’s On Liberty, that the conception of truth held by Mill does not make any sense unless it is seen as being deeply grounded in feelings and emotions. Hence, at the heart of the Anglo-American tradition, in Mill’s classic work, On Liberty, there is an argument regarding truth and its fragility that would suggest that","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"12 1","pages":"181 - 194"},"PeriodicalIF":0.4,"publicationDate":"2004-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/014403604200027957","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 27

‘Litigant Agency’ In Dower Pleas in The Royal Common Law Courts In Thirteenth and Early Fourteenth Century England1 13世纪至14世纪初英国皇家普通法法庭权力诉讼中的“诉讼代理

IF 0.4 3区历史学

Journal of Legal History Pub Date : 2003-12-01 DOI: 10.1080/01440362408539665

Sue Sheridan Walker

引用次数: 2

Legal Fictions and Fictional Entites in Renaissance Jurisprudence 文艺复兴法理学中的法律虚构与虚构实体

IF 0.4 3区历史学

Journal of Legal History Pub Date : 1999-12-01 DOI: 10.1080/01440362008539595

I. Maclean

引用次数: 7

Coping with Modernity? Literature and Islamic Legal Theories 应对现代性?文学与伊斯兰法律理论