Comparative Legal History最新文献

{"title":"Negotiations of gender and property through legal regimes (fourteenth-nineteenth century). Stipulating, litigating, mediating","authors":"H. Vogt","doi":"10.1080/2049677X.2022.2063521","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063521","url":null,"abstract":"of insurance is by far the most important one. Whilst there is indeed not too much analysis of the law in this volume, that in itself also teaches us something important about the role of lawyers from the medieval period to the nineteenth century: whereas the development of insurance was a much-discussed topic from the sixteenth century onwards, mutual support schemes in contrast were not. This further strengthens the main conclusion of the volume, but also shows something about the priorities of lawyers across centuries.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"90 - 93"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48325124","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":"Nordic inheritance law through the ages. Spaces of action and legal strategies","authors":"Elsa Trolle Önnerfors","doi":"10.1080/2049677X.2022.2063522","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063522","url":null,"abstract":"As the old adage goes, nothing is certain in this world but death and taxes. Perhaps the same also applies to inheritance law. From time immemorial, societies have had to respond to and deal with the death of its members: ‘where people live in society, there will be rules concerning succession’. Inheritance law constitutes one of the most basic and comprehensive fields for the regulation of society. By its nature, inheritance legislation is traditional, conservative and changes very slowly. Sometimes its regulations are even regarded as a legal order dictated by nature, history or a higher power, and as such almost impossible to change. New laws of inheritance are seldom issued, but in the Nordic countries, both Denmark and Norway have recently reformed their inheritance regulations. So perhaps now is an excellent opportunity to shed light upon the historical roots of inheritance law in the Nordic context. For a legal historian with an interest in family law, the anthology Nordic Inheritance Law through the Ages (hereinafter, Nordic Inheritance Law) is a most welcomed book. The anthology explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into historical and contemporary inheritance practices. The contributors to Nordic Inheritance Law, 16 in total, are a mixture of historians, legal historians and contemporary lawyers from Denmark, Finland, Iceland, Norway and Sweden. The anthology is an outcome of a Nordic interdisciplinary research project, hosted and financed by The Centre for Advanced Studies at the Norwegian Academy of Science and Letters in Oslo during the academic year 2014–5. In the Nordic countries, a region consisting of contemporary Denmark, Finland, Iceland, Norway and Sweden, inheritance law has not always been the most researched field in legal history, nor in contemporary jurisprudence for that matter. Previous research in legal history has focused foremost on medieval aspects of inheritance and inheritance law, and it is just in the last 20–30 years that light has been shed over other historical periods as well. The broad timespan of","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"94 - 98"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45887866","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":"A shared professional space: networks of colonial lawyers in Cuba and Mexico (1508–1832)","authors":"Ricardo Pelegrin Taboada","doi":"10.1080/2049677X.2022.2063518","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063518","url":null,"abstract":"During the colonial period, legal professionals from Mexico and Cuba maintained a closed relationship. Legal experts arrived in America to join the colonial establishment, but excessive litigiousness among settlers forced the Crown to forbid lawyers from overseas. However, it became increasingly necessary for functionaries to hold law degrees to occupy municipal positions, and thus, Spain created colonial universities. Cuban students increasingly studied law in Mexico and, upon graduation, joined the professional network across the Spanish Empire. The foundation of the University of Havana in 1728 further strengthened the intellectual connections between Cuba and Mexico. In 1760, Mexican elites created a Colegio de Abogados with strict membership requirements based on lineage, race, and class, and lawyers in Havana submitted a petition to open their own Colegio in 1812 to preserve the exclusivity of the legal professions.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"52 - 82"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44705565","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":"Professional guilds and the history of insurance: a comparative analysis","authors":"G. Dreijer","doi":"10.1080/2049677X.2022.2063520","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063520","url":null,"abstract":"Philip Hellwege’s edited volume on the history of mutual insurance, or lack thereof, within professional guilds across Europe is already the seventh volume in his Comparative Studies in the History of Insurance Law. The series derives from his European Research Council funded project A Comparative History of Insurance Law in Europe, in which the development of insurance in its manifold forms is explicitly researched from a comparative perspective. At the time of writing this review, volume fifteen has very recently appeared, testifying to the enormous productivity of Hellwege and his large team. The chapters in the book are divided geographically, with Hellwege writing an introductory text and the comparative conclusion (alongside a chapter on Germany). In order, the book contains chapters on the Southern Low Countries/ Belgium, the Northern Low Countries/The Netherlands, Germany, England, Scandinavia, France, Italy, Spain, Poland and Hungary. In the introduction, Hellwege explains (20) that he had considered various formats for the order of chapters, but in the end decided on this order, without explaining the reasons. This is unfortunate, as indeed multiple options could have been considered. Hellwege, writing from a German perspective, provides a most fascinating historiographical introduction on the link between guild support and (mutual) insurance. He explains that most German authors have seen three roots of insurance: first, marine insurance as the origin of commercial insurance; second, cooperative protection within guilds; and third, state-run insurance schemes developed from the seventeenth century onwards, the latter two as the origin for fire and life insurance. This provides a more sophisticated form of argumentation than the English-language literature, which most often teleologically presents marine insurance as the source of all forms of insurance. The German literature, while also flawed (as Hellwege points out in his chapter on Germany), therefore offers a more nuanced introduction to the problem of guilds and insurance. Why not then start with Germany and move thence to Poland? Hellwege and Jakub Pokoj (in his chapter on Poland) offer most interesting comparisons between the two case studies; moreover, this restructuring would move the contributions on the Low Countries and England deeper into the volume, thereby helping to avoid (however inadvertently) privileging Western over Southern and Central Europe. Hellwege, in his introduction, writes that the questions underlying the volume are","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"87 - 90"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49045258","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":"Coke’s Prohibitions del Roy in a European perspective","authors":"G. V. Nifterik","doi":"10.1080/2049677X.2022.2063517","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063517","url":null,"abstract":"Edward Coke’s Prohibitions del Roy (1608) at first sight seems a typically English discourse: a common law judge arguing for the independence of the common law courts from his king and from the conciliar courts and civil law jurists. A closer look from a European position reveals another picture, however. Compared with discussions by his (near) contemporaries Fernando Vázquez de Menchaca, Jean Bodin, and Hugo de Groot, it turns out that Coke’s plea fits neatly in a Europe-wide process resulting from growing tension between iurisdictio and imperium and between the traditional and voluntarist approaches of the state and public power, as well as an increase in public functions, that necessitated a sharp distinction between the judicature and the administration. Both in theory and practice new balances had to be found. This article focusses on the theory.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"33 - 51"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45191210","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":"Medicine and justice: medico-legal practice in England and Wales, 1700–1914","authors":"I. Burney","doi":"10.1080/2049677X.2022.2063523","DOIUrl":"https://doi.org/10.1080/2049677X.2022.2063523","url":null,"abstract":"in inheritance laws. These family structures with a remarried elderly parent, a new step-parent and adult children perhaps tend, more than others, to clash over inheritance and family assets. To conclude, this anthology is both a well-written and a most welcome contribution to Nordic legal history research on inheritance law. One of the great benefits of Nordic Inheritance Law is that it explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that breathe life into both historical and contemporary inheritance practices. The mixture of historical and contemporary inheritance practices presented in the anthology works very well. The importance of inheritance and inheritance law in the past, the present and in the future is indisputable. Death is certain for every one of us, even though its hour is uncertain: mors certa, hora incerta.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"98 - 103"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43574677","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 defence of Venetian dominion over the Adriatic Sea: Situating Paolo Sarpi c 1600–1625","authors":"S. Cattelan","doi":"10.1080/2049677x.2021.2001968","DOIUrl":"https://doi.org/10.1080/2049677x.2021.2001968","url":null,"abstract":"During the Middle Ages, the Republic of Venice gradually gained control over the Adriatic Sea. Leading medieval jurists argued in favour of Venetian maritime jurisdiction based on Roman law principles and geopolitical realities. However, starting from the end of the fifteenth century, new developments, such as oceangoing navigation, challenged the foundations of the Serenissima’s wealth and power. The 1610s represented a particularly critical conjuncture for Venice, whose dominion over the Adriatic Sea was disputed by powerful actors. In 1609, Hugo Grotius published the famous pamphlet Mare liberum, which advocated the freedom of the sea towards the Indies based on natural law principles and had the potential to endanger Venetian dominance over the Adriatic Sea as well. In this context, Paolo Sarpi, consultant of the Venetian government, elaborated a legal-political defence of Venetian dominion over the Adriatic. His ideas should be read as a reaction but not a direct reply toMare liberum.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42977974","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":"Government use of print. Official publications in the Holy Roman Empire, 1500–1600","authors":"A. Wijffels","doi":"10.1080/2049677x.2021.1997379","DOIUrl":"https://doi.org/10.1080/2049677x.2021.1997379","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45681546","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":"Socialism and legal history. The histories and historians of law in socialist East Central Europe","authors":"Dovilė Sagatienė","doi":"10.1080/2049677x.2021.2001969","DOIUrl":"https://doi.org/10.1080/2049677x.2021.2001969","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46319614","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":"Knowledge of the pragmatici: legal and moral theological literature and the formation of early modern Ibero-America","authors":"Heikki Pihlajamäki","doi":"10.1080/2049677x.2021.1997380","DOIUrl":"https://doi.org/10.1080/2049677x.2021.1997380","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44221046","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}