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Series:

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 in West German Democracy

Seventy Years of History as Seen Through German Courts

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Hugh Ridley

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

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.

Mediterranean Reconfigurations

Intercultural Trade, Commercial Litigation, and Legal Pluralism

The book series Mediterranean Reconfigurations is devoted to the analyses of historical change in the Mediterranean over a long period (15th - 19th centuries), challenging totalizing narratives that “Westernize” Mediterranean history as having led naturally to European domination in the 19th and 20th centuries. In reality, the encounters of Muslim, Jewish, Armenian and Protestant merchants and sailors with legal customs and judicial practices different from their own gave rise to legal and cultural creativity throughout the Mediterranean. Through the prism of commercial litigation, the series thus offers a more accurate and deeper understanding of the practices of intercultural trade, in a context profoundly shaped by legal pluralism and multiple and overlapping spaces of jurisdiction. Comparative case studies offer empirically-based indicators for both regional and more general processes, here called "Mediterranean reconfigurations", e.g. the changing interplay and positioning of individual and institutional actors on different levels in a variety of commercial and legal contexts.

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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 Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

Series:

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.

Science, (Anti-)Communism and Diplomacy

The Pugwash Conferences on Science and World Affairs in the Early Cold War

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Edited by Alison Kraft and Carola Sachse

From 1957 onwards, the Pugwash Conferences brought together elite scientists from across ideological and political divides to work towards disarmament. Through a series of national case studies - Austria, China, Czechoslovakia, East and West Germany, the US and USSR – this volume offers a critical reassessment of the development and work of “Pugwash” nationally, internationally, and as a transnational forum for Track II diplomacy. This major new collection of work reveals the difficulties that Pugwash scientists encountered as they sought to reach across the blocs, create a channel for East-West dialogue and realize on the project’s founding aim of influencing state actors. Uniquely, the book affords a sense of the contingent and contested process by which the network-like organization took shape around the conferences.

Contributors are Gordon Barrett, Matthew Evangelista, Silke Fengler, Alison Kraft, Fabian Lüscher, Doubravka Olšáková, Geoffrey Roberts, Paul Rubinson, and Carola Sachse.

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Hylkje de Jong

In 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.

Forgotten Diplomacy

The Modern Remaking of Dutch-Chinese Relations, 1927–1950

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Vincent K.L. Chang

In this meticulously researched volume, Vincent Chang resurrects a near forgotten yet pivotal chapter of Dutch-Chinese ties to narrate how World War II, China’s civil war, and Indonesia’s decolonization reshaped and ultimately redefined this age-old bilateral relationship.
Drawing on a wealth of hitherto-unexplored archives, this book explains how China’s rise on the global stage and the Netherlands’ simultaneous decline as a Pacific power informed events in Dutch-controlled Indonesia (and vice versa) and prompted a complete recalibration of bilateral ties, culminating in the Netherlands’ recognition of the People’s Republic and laying the foundations for its current “One-China” policy.
Presenting insightful analyses of power dynamics and law, this book is a critical resource to historians and China specialists as well as scholars of international relations and international law.