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Series:
The Northern World, Volume: 92
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.
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.
Series:
The Northern World, Volume: 92
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.
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.
Baldus de Ubaldis (1327-1400), doctrine and practice of the ius gentium
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.
Baldus de Ubaldis (1327-1400), doctrine and practice of the ius gentium
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.
A Study on the Evolution and Adaptation of Law
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.
A Study on the Evolution and Adaptation of Law
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.
The Struggle for the Past in the Visigothic Kingdom
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.”
The Struggle for the Past in the Visigothic Kingdom
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.”
Volume Editor:
Thom Gobbitt
Volume Editor:
Thom Gobbitt
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
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
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
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
Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.
Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.
Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Summary
A first draft of the Parte speciale of Chiazzese’s Confronti Testuali, projected as complement of the Parte generale published in 1933, was known for quite some time, but was only recently published by Falcone. Although this is an important transcription work of the manuscript, the reconstruction provided about the historical background – partially based on two different versions of an anecdote – should be read taking into account some clarifications.