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Edited by Alfred H.A. Soons

The 1713 Peace Of Utrecht and its Enduring Effects,” edited by Alfred H.A. Soons, presents an interdisciplinary collection of contributions marking the occasion of the tercentenary of the Peace of Utrecht. The chapters examine the enduring effects of the Peace Treaties concluded at Utrecht in 1713, from the perspectives of international law, history and international relations with cross-cutting themes: The European Balance of Power; The Relationship to Colonial Regimes and Trade Monopolies; and Ideas and Ideals; the Development of the International Legal Order. With contributions by: Peter Beeuwkes, Stella Ghervas, Martti Koskenniemi, Randall Lesaffer, Paul Meerts, Isaac Nakhimovsky, Sundhya Pahuja, Koen Stapelbroek, Benno Teschke, Jaap de Wilde

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Manuel Lomas

The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.

Law’s Dominion

Jewish Community, Religion, and Family in Early Modern Metz

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Jay R. Berkovitz

In Law’s Dominion, Jay Berkovitz offers a novel approach to the history of early modern Jewry. Set in the city of Metz, on the Moselle river, this study of a vibrant prerevolutionary community draws on a wide spectrum of legal sources that tell a story about community, religion, and family that has not been told before.

Focusing on the community’s leadership, public institutions, and judiciary, this study challenges the assumption that Jewish life was in a steady state of decline before the French Revolution. To the contrary, the evidence reveals a robust community that integrated religious values and civic consciousness, interacted with French society, and showed remarkable signs of collaboration between Jewish law and the French judicial system.

Wouter Druwé

Based on consilia and decisiones, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law ( ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.

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Edited by Michał Gałędek and Anna Klimaszewska

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem.

Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

Samuel Pufendorf Disciple of Hobbes

For a Re-Interpretation of Modern Natural Law

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Fiammetta Palladini

Fiammetta Palladini’s work is one of the most important discussions of Pufendorf to appear in the latter part of the twentieth century. It cut through the existing field of Pufendorf studies, laying bare its inherited templates and tacit assumptions. Palladini was thus able to peel back the ‘Grotian’ commentary in which the great thinker had been shrouded, revealing a Pufendorf well-known in the 1680s—a formidable and dangerous natural jurist and political theorist—but doubly obscured in the 1980s and still today, by a philosophical history that flies too high to see him, and by a commentary literature that too often does not like what it sees. David Saunders’ remarkable translation carries Palladini’s argument into English with maximum fidelity.

Ottoman Law of War and Peace

The Ottoman Empire and Its Tribute-Payers from the North of the Danube. Second Revised Edition

Viorel Panaite

Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.

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Edited by Simone Zurbuchen

The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law.

A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.

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Jean D'Aspremont

This book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.

Jeroen M.J. Chorus

Summary

This article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen’s book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book’s title is misleading.