{"title":"苏格兰高地的正义与社会:斯特拉斯佩与格兰特的复辟(约1690–1758)","authors":"Adelyn L M Wilson","doi":"10.1080/2049677X.2022.2131533","DOIUrl":null,"url":null,"abstract":"isprudents. Cino might be particularly useful, given his unusual commentary on the Codex which wove together the canon, civil and customary law. Also, given that the very influential civilians Bartolus and Baldus de Ubaldis both taught in Pisa during the first half of the fourteenth century, some reflection on their views might have provided additional insights. Such attention to the ius commune would have heightened the already considerable comparative dimensions of the study. To be fair, Zanetti Domingues rightly notes that the influence, if any, of Roman law on the ‘penitential model’ is difficult to trace. She contends that the principle of reciprocity likely imitated the Old Testament lex talionis more than any contemporary civilian jurisprudence or practice (150–51). These concluding observations do not detract in the slightest from this reviewer’s appreciation of this excellent work. Legal historians will find this a valuable study. The same holds true for those who examine late medieval theology and society. Zanetti Domingues has provided a nuanced, detailed study of how a late medieval commune understood violence, punishment and spirituality in complex, interdependent ways. By selecting Siena, she has challenged a body of interpretation that has often relied on evidence from Bologna and Florence. No less significant is her argument, noted above, that Siena’s statutes do not reflect the trend towards greater severity in punishment. It would be useful to test this in the statutes from other communes that, like Siena, have not received the close attention given to Florence or Bologna. Future studies of the theory and practice of criminal justice in medieval cities should pay close attention to this work of Zanetti Domingues.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":"217 - 221"},"PeriodicalIF":0.6000,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Justice and Society in the Highlands of Scotland: Strathspey and the Regality of Grant (c.1690–1758)\",\"authors\":\"Adelyn L M Wilson\",\"doi\":\"10.1080/2049677X.2022.2131533\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"isprudents. Cino might be particularly useful, given his unusual commentary on the Codex which wove together the canon, civil and customary law. Also, given that the very influential civilians Bartolus and Baldus de Ubaldis both taught in Pisa during the first half of the fourteenth century, some reflection on their views might have provided additional insights. Such attention to the ius commune would have heightened the already considerable comparative dimensions of the study. To be fair, Zanetti Domingues rightly notes that the influence, if any, of Roman law on the ‘penitential model’ is difficult to trace. She contends that the principle of reciprocity likely imitated the Old Testament lex talionis more than any contemporary civilian jurisprudence or practice (150–51). These concluding observations do not detract in the slightest from this reviewer’s appreciation of this excellent work. Legal historians will find this a valuable study. The same holds true for those who examine late medieval theology and society. Zanetti Domingues has provided a nuanced, detailed study of how a late medieval commune understood violence, punishment and spirituality in complex, interdependent ways. By selecting Siena, she has challenged a body of interpretation that has often relied on evidence from Bologna and Florence. No less significant is her argument, noted above, that Siena’s statutes do not reflect the trend towards greater severity in punishment. It would be useful to test this in the statutes from other communes that, like Siena, have not received the close attention given to Florence or Bologna. Future studies of the theory and practice of criminal justice in medieval cities should pay close attention to this work of Zanetti Domingues.\",\"PeriodicalId\":53815,\"journal\":{\"name\":\"Comparative Legal History\",\"volume\":\"10 1\",\"pages\":\"217 - 221\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2022-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Comparative Legal History\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/2049677X.2022.2131533\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Comparative Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/2049677X.2022.2131533","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Justice and Society in the Highlands of Scotland: Strathspey and the Regality of Grant (c.1690–1758)
isprudents. Cino might be particularly useful, given his unusual commentary on the Codex which wove together the canon, civil and customary law. Also, given that the very influential civilians Bartolus and Baldus de Ubaldis both taught in Pisa during the first half of the fourteenth century, some reflection on their views might have provided additional insights. Such attention to the ius commune would have heightened the already considerable comparative dimensions of the study. To be fair, Zanetti Domingues rightly notes that the influence, if any, of Roman law on the ‘penitential model’ is difficult to trace. She contends that the principle of reciprocity likely imitated the Old Testament lex talionis more than any contemporary civilian jurisprudence or practice (150–51). These concluding observations do not detract in the slightest from this reviewer’s appreciation of this excellent work. Legal historians will find this a valuable study. The same holds true for those who examine late medieval theology and society. Zanetti Domingues has provided a nuanced, detailed study of how a late medieval commune understood violence, punishment and spirituality in complex, interdependent ways. By selecting Siena, she has challenged a body of interpretation that has often relied on evidence from Bologna and Florence. No less significant is her argument, noted above, that Siena’s statutes do not reflect the trend towards greater severity in punishment. It would be useful to test this in the statutes from other communes that, like Siena, have not received the close attention given to Florence or Bologna. Future studies of the theory and practice of criminal justice in medieval cities should pay close attention to this work of Zanetti Domingues.
期刊介绍:
Comparative Legal History is an international and comparative review of law and history. Articles will explore both ''internal'' legal history (doctrinal and disciplinary developments in the law) and ''external'' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.