Comparative Legal History最新文献

{"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}

{"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}

{"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}

{"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}

{"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}

{"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}

{"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}

{"title":"Editorial","authors":"Agustín Parise, M. Dyson","doi":"10.1080/2049677X.2020.1830487","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1830487","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"71 - 72"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1830487","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46719018","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":"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}

{"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}