Comparative Legal History最新文献

{"title":"Histories of legal aid: a comparative and international perspective <b>Histories of legal aid: a comparative and international perspective</b> , edited by Felice Batlan and Marianne Vasara-Aaltonen, Cham, Palgrave Macmillan, 2021, 330 pp, £109.99 (hbk), ISBN 978-3030892707","authors":"Kate Bradley","doi":"10.1080/2049677x.2023.2270384","DOIUrl":"https://doi.org/10.1080/2049677x.2023.2270384","url":null,"abstract":"Click to increase image sizeClick to decrease image size Notes1 See Reginald Heber Smith, Justice and the Poor (The Carnegie Foundation for the Advancement of Teaching 1919).","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135883669","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}

{"title":"American legal education abroad–Critical histories","authors":"G. Resta","doi":"10.1080/2049677X.2023.2207377","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207377","url":null,"abstract":"law. There is no mention in the introduction of why the history of private law was excluded. The reception of English property law in particular seems inseparable from the history of Aboriginal dispossession and colonization—something acknowledged but not really explored in the text. Perhaps it is expected that such historical background is provided in the substantive courses themselves? In any case, what might have been gained by such inclusion is inadvertently demonstrated by the authors in their very brief treatment of the origins of one of the country’s most famous legal exports, the Torrens system of title registration. At 205 there is a photo of ‘Men, Women and Children at the Tanunda Real Property Act Festival’(!) in October 1862. A little internet sleuthing reveals that at this ‘extraordinarily lavish affair’ Sir Robert Richard Torrens was accompanied by ‘an escort of around a hundred flag-bedecked wagons, [and] feted with banquets, bands, choirs, speeches and toasts in English and German, illuminations, and triumphal arches’. All in honour of the new concept of indefeasibility of title attributed to him. Who says the history of property law is not exciting? The authors do indeed embellish their narrative with many lively ‘cameos’ of historical figures and dramatic incidents drawn from high-profile cases and constitutional battles. My point is simply that the same could be done for private law and thus, that the authors should be encouraged to write a companion volume. Generations of law students would thank them.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"115 - 123"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43020912","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}

{"title":"The role of theoretical debate in the evolution of national and international patent protection: from the French Revolution to the Paris Convention of 1883","authors":"O. Bracha","doi":"10.1080/2049677X.2023.2207374","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207374","url":null,"abstract":"freedom and intimacy (74–76). Walter SMelion describes a case inwhich zones of bodily privacy and domestic privacy correspond in his essay on the c 1600’s manuscript, ‘Vita S Joseph beatissimae Virginis sponsi’, which features images of the heart of Joseph and of the child Christ’s instruction in his parents’ home and workshop. The spiritual privacy of Joseph’s heart is, however, not a zone of hidden authenticity but a work in progress, crafted and improved by Christ, just as his parents’ home is also a semi-public workshop (334–35). The volume’s commitment to a comparative approach is fulfilled through its range of disciplinary approaches, but not through a global study of early modern privacy. The one essay that addresses the world beyond Europe helps to indicate how richly productive such a wider scope might be. Hang Lin’s study of published examination essays in seventeenth-century China articulates ‘private’ and ‘public’ in terms of the state’s monopoly on providing authoritative sample civil-service exam essays. This assertion of control over knowledge by the state was challenged, and eventually defeated, by private scholars, many of whom had failed these examinations. The increasing popularity of books of sample essays written by such private scholars sapped the state’s control of Confucian orthodoxy. This example, Lin argues, shows the transformation of ‘private’ into ‘public’ knowledge as private interests came to define public opinion more successfully than the state. This volume’s case studies of early modern privacy deserve attention from researchers interested in tracing the roots of the modern concept of privacy: in particular, from researchers interested in the European traditions that influenced the landmark 1890 formulation of privacy by Louis D Brandeis and Samuel D Warren in the Harvard Law Review (1). This volume is a valuable contribution to interdisciplinary work in the history of ideas and social history that should profoundly shape future studies of privacy.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"101 - 106"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42087792","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}

{"title":"Editorial","authors":"Agustín Parise, M. Dyson","doi":"10.1080/2049677X.2023.2207378","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207378","url":null,"abstract":"This journal aims to offer a contribution to the literature on comparative legal history. It gathers scientific studies and reviews of monographs that deal with law across time and space. This journal is part of the wider efforts of the European Society for Comparative Legal History (ESCLH) and it aims to display the work by scholars from across the globe. Issue 1 of Volume 11 presents three scientific studies that engage in comparative legal historical exercises. The first article, by Miriam Jensen Tveit and Helle Vogt, takes readers to towns in medieval Denmark and Norway, exploring regulations on urban poverty and the personae miserabiles (deserving poor). The comparative approach deals with jurisdictions, but also with the nature of rules, be it municipal or related to the church. The study further assesses the Scandinavian experience in light of the general European trends. The second article, by Rauna Kuokkanen, likewise explores Scandinavia. The focus is on the Sámi people and their interaction with land. The author invites readers to revisit the understanding of ownership. The study extends through the sixteenth to nineteenth centuries, allowing readers to explore the different shifts in the relationship with land, including exclusion, dispossession and racialization. The third article, by Đoàn Thanh Hải and Đoàn Thi ̣ Phương Diệp, continues looking at the pillar offered by property. The authors study the ‘điển’ in ancient Vietnamese society, extending the attention to other parts of the Sinosphere. The article then alerts on the broad range of uses of điển, and engages in an analysis of the functionalist approach by nineteenthand twentieth -century French academics and Frencheducated Vietnamese scholars. The article therefore invites for methodological insights into comparative legal history. The three scientific studies ultimately help demonstrate that comparisons in time and space can help unveil to a broader extent why events took place and not only what events took place, as pointed by David Ibbetson in the first issue of this journal. The book reviews section of Issue 1 of Volume 11 presents nine monographs that ought to be of interest for scholars who engage in comparative legal historical exercises. The first book reviewed deals with the history of international law, looking at the ways in which historians and international law scholars can help unveil the paths that were followed. The second book reviewed looks at the growth of representative institutions in Western Europe. It explains the power struggle between different actors in a multiplicity of jurisdictions, showing the materialization of representative institutions through strong central authorities. The third book reviewed broadens the understanding of the School of Salamanca. The authors’ work with source materials helps confirm the transatlantic dimension of Salamantine scholars, impacting legal thought in Europe and beyond.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"1 - 3"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44799051","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}

{"title":"The invisible poor in Norwegian and Danish town laws c 1200–c 1350","authors":"Miriam Tveit, H. Vogt","doi":"10.1080/2049677X.2023.2207379","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207379","url":null,"abstract":"The most vigorous period of urban law production in both Denmark and Norway failed to regulate urban poverty, in particular for those falling outside the groups that comprised the personae miserabiles, the deserving poor. A close reading of Danish and Norwegian town laws, in Latin and the vernacular respectively, provides an understanding of how poverty fitted into the social and legal system of the towns. A comparative approach reveals both how these regions embraced different strategies towards the urban poor, and how these strategies coincided with general European trends in different ways. This article argues that jurisdiction over the urban poor was not economically or administratively attractive, and thus neither the town nor the church wanted legal responsibility for them. Norwegian regulation followed a European pattern of combating urban poverty through legislation, whereas late twelfth-century Danish towns supported institutions to care for the poor.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"4 - 22"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42408533","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}

{"title":"The School of Salamanca. A case of global knowledge production","authors":"J. Hallebeek","doi":"10.1080/2049677X.2023.2207384","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207384","url":null,"abstract":"employ. Boucoyannis’ case studies are drawn from England, France, Castile, Catalonia, Hungary, Flanders, Italy, the Ottoman Empire, and Russia. She offers brief consideration of ‘additional cases’ drawn from Holland, Poland, Sweden, Denmark, Swiss Cantons, and the Holy Roman Empire (25). Boucoyannis notes that organic arrangements in these cases frequently reflect opportunism at work. In the author’s words: ‘bargaining on taxes was equally common across regions’ (7). What matters–in her final assessment–is ‘power properly deployed’, that is, power deployed to justify the power to deploy power (318). This suggests that, over time, kings learned a great deal as judges. A national court system is a suitable place to acquire and refine the statecraft needed to innovate the state and extend its useful life. It is not a lesson confined to Westminster Hall.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"92 - 94"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46149473","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}

{"title":"From Indigenous private property to full dispossession – the peculiar case of Sápmi","authors":"R. Kuokkanen","doi":"10.1080/2049677X.2023.2207380","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207380","url":null,"abstract":"The concept of dispossession has become ubiquitous in contemporary critical theory, including analyses of settler colonialism and Indigenous scholarship. It suggests that in addition to being colonised, Indigenous peoples have been deprived of their lands and the territorial foundations of their societies. Critics, however, allege that theories and arguments of Indigenous dispossession are inconsistent, arguing that Indigenous peoples did not have conceptions of land as property or possession. The critics’ question is as follows: how can there be an act of dispossession if there was no prior possession or Indigenous concept of ownership? This article examines a case where there was both prior possession and a concept of ownership adopted by and extended to an Indigenous people, the Sámi, and upheld by the colonial court system. What can the Sámi case of individual (family) land ownership tell us about the concept of dispossession and Indigenous conceptions of ownership and property? The objective is to demonstrate how the concept of dispossession has different histories in different contexts, and how individual land ownership has not historically been alien to Indigenous peoples.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"23 - 44"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42665238","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}

{"title":"Defeating impunity: Attempts at international justice in Europe since 1914","authors":"Michael S. Bryant","doi":"10.1080/2049677x.2023.2207375","DOIUrl":"https://doi.org/10.1080/2049677x.2023.2207375","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135754730","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}

{"title":"Early modern privacy: sources and approaches","authors":"Mary E. Trull","doi":"10.1080/2049677X.2023.2207386","DOIUrl":"https://doi.org/10.1080/2049677X.2023.2207386","url":null,"abstract":"The website for the Danish National Research Foundation Centre for Privacy Studies informs users in a pop-up window that their actions will be shared with third parties to ‘keep improving our service’, and offers the opportunity to opt out of information-sharing via cookies. This near-universal web-browsing experience is, perhaps, one of the quotidian modern surrenders of privacy that motivates the work of the Centre for Privacy, and this volume of essays, to better define the roots of our ideas about privacy in the early modern age. Lars Cyril Nørgaard’s introduction asserts that examining the sources of the notion of privacy ‘allows us better to understand our current condition, where we seem of our own volition to give up on our right to privacy’ (3). The problem, of course, is how to bridge the distance between a period, 1500-1800, in which privacy was neither protected by law nor considered a universal aspect of the human condition, and our own, which often views privacy both as a human right increasingly threatened by technology, and as a commodity that may be casually forfeited at a price as low as dismissing an intrusive pop-up. The early modern period of 1500–1800 in Europe has been seen as crucial in the development of modern notions of privacy by many theorists, notably Jürgen Habermas, Norbert Elias, Philippe Ariès, and Georges Duby. For these thinkers, a new division between a private sphere linked to the home and the body, associated with emotion and intimacy, and a public sphere of surveillance linked to","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"98 - 101"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42486265","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}

{"title":"Arsyad al-Banjari’s insights on parallel reasoning and dialectic in law: the development of Islamic argumentation theory in the 18th century in Southeast Asia","authors":"Muhammad Lutfi Hakim, Landy Trisna Abdurrahman","doi":"10.1080/2049677x.2023.2207385","DOIUrl":"https://doi.org/10.1080/2049677x.2023.2207385","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"94 - 98"},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47733374","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}