Sharia, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Sharia and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of a more recent period, such as in Nigeria and, also, Egypt. The book’s historical studies are based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Mulatto · Outlaw · Pilgrim · Priest, John K. Moore, Jr. presents the first in-depth study, critical edition, and scholarly translation of
His Majesty’s Representative v. José Soller, Mulatto Pilgrim, for Impersonating a Priest and Other Crimes. This legal case dates to the waning days of the Hapsburg Spanish empire and illuminates the discrimination those of black-African ancestry could face—that Soller did face while attempting to pass freely on his pilgrimage from Lisbon to Santiago de Compostela and beyond.
This bilingual edition and study of the criminal trial against Soller is important for reconstructing his journey and for revealing at least in part the de facto and de jure treatment of mulattos in the early-modern Iberian Atlantic World.
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.
First published in Italian in 1990, Fiammetta Palladini’s ground-breaking study of Samuel Pufendorf (1632–1694) remains one of the most important discussions of the subject to date. Now available in English for the first time, Palladini's book cuts through the existing field of Pufendorf studies, laying bare its inherited templates and tacit assumptions. Palladini is 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’ lucid translation carries Palladini’s argument into English with maximum fidelity.
Samuel Pufendorf discepolo di Hobbes. Per una reinterpretazione del giusnaturalismo moderno. Bologna: Il Mulino, 1990.
Ἐντολή (mandatum) in den Basiliken Hylkje de Jong deals with the way the Byzantine jurists of the early period (6th and early 7th century) and later period (11th and 12th century) dealt with the law of mandate as they found this in respectively Justinian’s compilation and in the 9th century Basilica. Commonly characterised as consistent Byzantine dogmatics, the remarks of these Byzantine jurists appear to be in reality individual approaches, coloured by each jurist’s own methodology of interpreting.
Based upon the Basilica texts, the law of mandate is set out thematically: the mandate’s object, the liability of parties, actions, remunerations. De Jong proves convincingly that the Byzantine remarks provide a better understanding of Justinian Roman law.
In der Studie
Ἐντολή (mandatum) in den Basiliken beschäftigt sich Hylkje de Jong mit der Art und Weise, wie sich die byzantinischen Juristen des 6. und frühen 7. aber auch des 11. und 12. Jahrhunderts mit dem Auftragsrechts befassten, das sie in Justinians Kompilation bzw. in den Basiliken des 9. Jahrhunderts fanden. Die Äußerungen dieser byzantinischen Juristen werden in der Regel als einheitliche byzantinische Rechtslehre aufgefasst, erweisen sich aber in Wirklichkeit als individuelle Ansätze, die von der Methodik des jeweiligen Juristen geprägt und gefärbt sind.
Basierend auf den Basilikentexten wird das Auftragsrecht thematisch dargestellt: Gegenstand des Mandats, Haftung der Parteien, Klagen, Vergütungen etc. Überzeugend weist De Jong nach, dass die byzantinischen Darlegungen ein besseres Verständnis des römischen Rechts von Justinian vermitteln.
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.
This paper attempts to give a survey of the origin of the present collection of some forty works of Grotius in the present Scientific Library of Olomouc. After a short introduction about education in the Czech lands and especially in Olomouc, the present works of Grotius are discussed in connection with their origin. Most works were added to the collection due to the Josephine abolition of monasteries in the 1780s. Premonstratensian and Cistercian monasteries were the most important former possessors. A couple of Grotiana were donated by noblemen. A look is given to some course books that have been preserved. A complete list of all works of Grotius printed before 1800, present in the Scientific Library with an identification of their owners, is given in the annex.
Hugo Grotius’s Philosophorum sententiae de fato et de eo quod in nostra est potestate (from hereafter: psf) has, so far, received little scholarly attention, even though it provides us with an interesting insight into Grotius’s philosophical interests (and the intellectual debates that these interests were reacting to). This text, published posthumously in 1648 (Paris and Amsterdam) by Grotius’s wife, Maria van Reigensberg, contains translations of texts from various philosophers on the question of fate.
The aim of this article is to 1) place the debate on fate, in which Grotius was actively involved throughout all his life and career, in the wider context of the theological and philosophical debates on free will and divine foreknowledge; 2) acknowledge the importance played by Grotius’s psf, a gnomological collection of philosophical sources ranging from Pythagorean philosophers to early patristic authors all providing different, although converging arguments in favor of the existence of free will; and 3) suggest that debates on fate are distinctively linked by Grotius with those on the importance of law and punishment as a guarantee of order. This “legalistic” interpretation of fate ultimately allows Grotius to reconcile divine decrees with human liberty.