Comparative Legal History最新文献

{"title":"Polish ordynacje and the English common law entail and strict settlement: Social, political, and religious comparative contexts","authors":"Lukasz Jan Korporowicz, J. G. Owen","doi":"10.1080/2049677X.2022.2131527","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131527","url":null,"abstract":"Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than others. This article undertakes comparative research into different forms of entailed property in Poland (where entails were uncommon) and England and Wales (where entails were common). It also undertakes comparative analysis with the later English common law strict settlement, which had the entail at its core. It investigates who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"172 - 203"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49252538","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.2022.2131522","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131522","url":null,"abstract":"Comparative legal history is a fertile autonomous discipline gathering a growing number of adherents from across the globe. This journal aims to offer a forum for the studies that result from that discipline and that look at law transversely through time and space. It was first published in 2013, and it is part of the wider efforts of the European Society for Comparative Legal History (ESCLH). The journal is based in Europe, though both its Editorial Board and its International Editorial Board gather comparative legal historians from across the globe, making palpable that the autonomous discipline is expanding sans frontières. Issue 2 of Volume 10 gathers contributions from different corners of the world, hence confirming the statement above, showing the global dimension of this discipline. The first article, by Fernando Pérez Godoy, Carlos Fernando Teixeira Alves and Fernando Liendo Tagle, offers a transatlantic exercise of comparative legal history. The authors trace and place the presence of natural law and the law of nations at three centres for the study of law (ie, Coimbra, Seville, and Santiago de Chile) during the eighteenth and nineteenth centuries. The intellectual dialogue amongst forums and actors unveils the transnational history of these fields, both with an impact on legal education and politics. The second article, by Saliha Belmessous, raises a question that the literature had failed to fully answer: what is a colonial treaty? The author looks at agreements that European states concluded with non-European polities as from the late fifteenth century. The role of natural law and the law of nations in thereby noted, while the article alerts on the different understandings of what were ‘unequal treaties.’ After all, we need to know the history and extent of terms we use when engaging in comparative legal history. The third article, by Lukasz Jan Korporowicz and John Gwilym Owen, deals with a pillar of law and society by looking at entailed property in Poland and England and Wales. Their comprehensive study traces the evolution in both jurisdictions across time, tackling multiple aspects of the life of entails, placing them within social, political, and religious contexts. The three articles in this issue remind readers that comparative legal historical efforts can only but benefit from the rich contexts that derive from interdisciplinary approaches to law. Law has to be placed in the corresponding context in order to fully unveil its development across time and space. The book reviews section of this issue presents nine monographs that confirm the global dimension of comparative legal history. The first book reviewed deals with European legal thought (or in words of its author, ‘legal imagination’) exploring a c 500-year path that is linked to the law of nations and to the","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"107 - 109"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47770597","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":"Confession and criminal justice in late medieval Italy: Siena, 1260–1330","authors":"Bruce C. Brasington","doi":"10.1080/2049677X.2022.2131532","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131532","url":null,"abstract":"This interesting study of criminal justice in the Sienese context offers a new exploration of tensions between Christian education about peace and penance, the idea of public justice, and the culture of revenge. Zanetti Domingues proposes a penitential model of medieval criminal justice, using as a case study the Italian commune of Siena in the years 1260 – 1330. The author argues that criminal justice reform had among its aims penance and moral reintegration, goals that are fundamentally religious in nature. She proposes that “ a penitential discourse on criminal justice [. . .] coexisted alongside the other ones based on revenge or on notions of public order ” (2).","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"213 - 217"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60011702","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":"Weltnaturschutz: Umweltdiplomatie in Völkerbund und Vereinten Nationen 1920–1950; The league of nations and the protection of the environment","authors":"Peter H. Sand","doi":"10.1080/2049677x.2022.2131538","DOIUrl":"https://doi.org/10.1080/2049677x.2022.2131538","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"230 - 234"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45957942","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":"Going the distance. Eurasian trade and the rise of the business corporation, 1400–1700","authors":"Luisa Brunori","doi":"10.1080/2049677X.2022.2131530","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2131530","url":null,"abstract":"European interventions and for its suggestive observations about the place of property in European legal thought about global power. Few historians will disagree with Koskenniemi’s observations about the functions of legal imagination to persuade, illuminate power, and draw on materials at hand to respond to novel problems. Some may push further, and perhaps also challenge, specific assertions about property and rights in European legal discourse. Still others may define ‘home’ in radically different ways or emphasize continuities rather than differences among geographically centred traditions of European discourse. For its provocations about property and its broad coverage, the book will surely be mined by historians pursuing these and other scholarly agendas for generations to come.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"209 - 213"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41501532","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 economic weapon: the rise of sanctions as a tool of modern war","authors":"M. Janis","doi":"10.1080/2049677x.2022.2131540","DOIUrl":"https://doi.org/10.1080/2049677x.2022.2131540","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"234 - 237"},"PeriodicalIF":1.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45345354","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":"A. Parise, M. Dyson","doi":"10.1080/2049677X.2022.2063509","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063509","url":null,"abstract":"The journal has now reached its tenth volume, continuously offering a forum for comparative legal historians and their work. The content of the existing volumes attests that the journal endorses the efforts of the European Society for Comparative Legal History (ESCLH). Together, the journal and the ESCLH aim to develop and disseminate disciplinary studies that look at law across time and space. Issue 1 of Volume 10 offers methodological tools and exemplary studies that ought to be considered by those who aim to engage in comparative legal historical exercises. The articles section of this issue confirms the above statement by means of three articles. The first article, by Caroline Laske, offers a much needed toolbox that can be used when the subject of study relates to the language within a source. The author alerts readers of the usefulness of corpus linguistics methodologies when aiming to answer questions that require the unveiling of patterns in legal language usage and ways of encoding meanings. After all, language is a fundamental conduit for the law. The second article, by Gustaaf van Nifterik, offers an example of how the activities of actors – at different times and places – can be interconnected, with the potential of showing common, diverging, or recurring narratives. The author offers a ‘dialogue’ between Edward Coke, Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot on iurisdictio and imperium. The author does not hesitate to point to a Europe-wide process. The third article, by Ricardo Pelegrin Taboada, takes the readers to the Americas and analyses the development of the legal profession during the Spanish Colonial period and until the emergence of republics in the nineteenth century. The focus is on Mexico and Cuba, offering transatlantic and inter-American bridges. The author attends the different roles played by universities, bar associations, and the existing elites. The three articles in this issue confirm that comparative legal history is a discipline that cannot be circumscribed to a specific time and place, being therefore broad and diverse in its scope. The book reviews section of this issue presents a sample of the specialized literature that continues to develop in the field of comparative legal history. The first book reviewed deals with international law in West Africa under British colonialism, hence addressing a part of the Globe that continues to require more attention in the pages of the journal. The second book reviewed undertakes a comparative exploration of the relationship between guilds and the development of insurance, hence bridging an important lacuna in the field. The third book reviewed deals with a pillar of private law, looking at the family and marital property mainly around Northern Italy and the Austrian realm. That work offers valuable approaches from social anthropology and","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"1 - 2"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48929189","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":"Britain and international law in West Africa. The practice of empire","authors":"M. Koenig","doi":"10.1080/2049677X.2022.2063519","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063519","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"83 - 86"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41800027","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":"Corpus linguistics: the digital tool kit for analysing language and the law","authors":"C. Laske","doi":"10.1080/2049677X.2022.2063510","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063510","url":null,"abstract":"Corpus linguistics methodologies offer innovative ways of reading legal historical sources. Studying the language of source texts using computational techniques that retrieve linguistic data makes detailed searches of words, phrases, and lexical/grammatical patterns and structures possible and provides multiple contextual data that is both quantitative and qualitative, empirical rather than intuitive. It helps us understand not just what is being said, but also how it is being said, how language is used to encode meanings, and what that can tell us about underlying contents and the socio-political, cultural, geopolitical, economic, and other contexts and discourses in which these texts were produced. This paper argues that the use of corpus linguistics is relevant across comparative legal history and can be applied in comparative legal historical research independent of the area of the law or the historical period. Detailed studies incorporating corpus linguistics will be discussed to show the potential of this methodological shift.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"3 - 32"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47075340","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":"Gender and careers in the legal academy","authors":"Victoria Barnes","doi":"10.1080/2049677X.2022.2063524","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063524","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"103 - 106"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46542425","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}