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The Monetary Logic of Early Medieval Conflict Resolution
Volume Editors: Lukas Bothe, Stefan Esders, and Han Nijdam
This volume offers the first comprehensive account of the monetary logic that guided the payment of wergild and blood money in early medieval conflict resolution. In the early middle ages, wergild played multiple roles: it was used to measure a person’s status, to prevent and end conflicts, and to negotiate between an individual and the agents of statehood. This collection of interlocking essays by historians, philologists and jurists represents a major contribution to the study of law and society in Western Europe during the early Middle Ages.

Contributors are Lukas Bothe, Warren Brown, Stefan Esders, Wolfgang Haubrichs, Paul Hyams, Tom Lambert, Ralph W. Mathisen, Rob Meens, Han Nijdam, Lisi Oliver, Harald Siems, Karl Ubl, and Helle Vogt.
In this book Elizabeth Walgenbach argues that outlawry in medieval Iceland was a punishment shaped by the conventions of excommunication as it developed in the medieval Church. Excommunication and outlawry resemble one another, often closely, in a range of Icelandic texts, including lawcodes and narrative sources such as the contemporary sagas. This is not a chance resemblance but a by-product of the way the law was formed and written. Canon law helped to shape the outlines of secular justice.
The book is organized into chapters on excommunication, outlawry, outlawry as secular excommunication, and two case studies—one focused on the conflicts surrounding Bishop Guðmundr Arason and another focused on the outlaw Aron Hjǫrleifsson.
Volume Editors: Raphael Schäfer and Anne Peters
What are the implications of writing the history of legal issues? Eighteen authors from different legal systems and backgrounds offer different answers, by examining the history writing on issues ranging from slavery over the use of force to extraterritorial jurisdiction. Contributions show how historiography has often distorted or neglected regional cultures and suggest alternative methods and approaches to history writing. These studies are highly relevant for current international relations in which the fight over master narratives is especially fierce among governments, in different academic fields, and also between governments and academics.

Contributors are: Jean d'Aspremont, Julia Bühner, Emiliano J.Buis, Maria Adele Carrai, Jacob Katz Cogan, Ríán Derrig, Angelo Dube, Michel Erpelding, Etienne Henry, Madeleine Herren, Randall Lesaffer, Anne-Charlotte Martineau, Parvathi Menon, Momchil Milanov, Hirofumi Oguri, Gustavo Prieto, Hendrik Simon, Sebastian Spitra, and Deborah Whitehall.
The Legal History Library is a peer-reviewed book series on the history of law in the broadest sense. The approach is preferably comparative in nature, both vertically and horizontally, although studies that approach the subject matter from a different perspective are not automatically excluded. The aim of the Library is to study the historical development of particular areas of law and to explain existing differences and similarities arising in other systems where such comparison is possible. An additional aim is to contribute to a mutual understanding of different approaches to similar problems within the various legal systems. In this way, the Library provides a forum for works related to the growing need for a ius commune in today’s globalising world and provides the necessary historical information for those working in the field of harmonisation projects throughout the world.

The Library not only welcomes dogmatical studies but also offers a forum for interdisciplinary volumes that incorporate law and legal history as their main theme. The editors seek novel, path-breaking, and innovative works that reflect the highest standards of academic writing regardless of the methodologies or approaches employed in any particular volume. Such works are often scholarly monographs, but collected works of previously unpublished contributions forming a cohesive and significant contribution to a particular field of legal history are also welcomed by the editors. There is no restriction in terms of topic, chronology, or geography with the exception of works on the history of international law and on medieval law which should be submitted directly to the Library’s subseries Studies in the History of International Law or Medieval Law and Its Practice.

Authors are cordially invited to submit proposals and/or full manuscripts to the series editors Remco van Rhee, Dirk Heirbaut, and M.C. Mirow or the publisher at BRILL, Wendel Scholma.

The series includes the subseries Studies in the History of International Law and Studies in the History of Private Law.

Brill Open offers you the choice to make your research freely accessible online in exchange for a Publication Charge. This can be by choice or to comply with funding mandates or university requirements. Brill offers various options of Open Access; for more information please go to the
Studies in the History of International Law is a peer-reviewed book series that publishes books on the history of international law in the broadest possible sense, without any restrictions in terms of geography or chronology. The series includes studies on the law governing relations between independent body politics, from whatever denomination or civilization. It does not reduce the field to the study of the antecedents, the emergence and evolution of international law as it was formed from the Late Middle Ages onwards in Western Europe.

Authors are cordially invited to submit proposals and/or full manuscripts to either the series editor Randall Lesaffer or the publisher at BRILL, Wendel Scholma.

This is a subseries of the Legal History Library.
Author: Dante Fedele
Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400). A student of Bartolus de Sassoferrato, Baldus wrote both extensive commentaries on Roman, canon and feudal law and thousands of consilia originating from particular cases. His writings dealt with numerous issues related to sovereignty, territorial jurisdiction, diplomacy and war, combining a rich conspectus of earlier scholarship with highly creative ideas that exercised a profound influence on later juristic thought. The detailed picture of the international law doctrines elaborated by a prominent medieval jurist offered in this study contributes to our understanding of the intellectual archaeology of international law.

"Dr. Fedele’s monograph will no doubt become a necessary work of reference for any scholar interested in the history of international law. [...] Beyond the specific doctrines on particular areas of international law, Dr. Fedele’s study of Baldus shows how in the area of international governance, jurists sought to marshal different expressions of normativity." - Alain Wijffels, Foreword
Author: Maciej Mikuła
In this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.
Concept, History and Application of Axioms of Juristic Accumulation
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.

"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
Isidore of Seville and the “Liber Iudiciorum” establishes a novel framework for re-interpreting the Liber Iudiciorum (LI), the law-code issued in Toledo by the Visigothic king Recceswinth (649/653-672) in 654. The LI was a manifestation of a vibrant dialectical situation, particularly between two networks of authority, Isidore-Seville and Toledo-Agali, a defining characteristic of the discourse coloring the fabric of writing in Hispania, c. 600-660. To more fully imagine the meaning, significance and purposes of the LI, this book elicits this cooperative competition through a series of four case-studies on writing in the period. In addition to offering an alternative historiography for the LI, this book expands the corpus of “Visigothic Literature” and introduces what the author refers to as “Gothstalgie.”

See inside the book.
Editor-in-Chief: Gérard Niyungeko
Founded in 1993, the African Yearbook, now also published online is published under the auspices of the African Foundation for International Law. It is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole. Through the scholarly analysis of international legal issues of particular relevance to the African continent, it also contributes to the acceptance of, and respect for the rule of law in intra-African relations, and for the principles of international law in general. Its uniqueness however goes beyond this, for through its special themes and general articles, it has succeeded over the years to serve as an intellectual forum where the development of international law is viewed as being integral to Africa’s own development.

Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent.

The Yearbook also provides ready access to the basic documents of African international organizations by regularly publishing the resolutions and decisions of regional and sub-regional organizations as well as the conventions, protocols and declarations adopted by pan-african agencies.

Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.