The European Commission of the Danube, 1856-1948 Constantin Ardeleanu offers a history of the world’s second international organisation, an innovative techno-political institution established by Europe’s Concert of Powers to remove insecurity from the Lower Danube. Delegates of rival empires worked together to ‘correct’ a vital European transportation infrastructure, and to complete difficult hydraulic works they gradually transformed the Commission into an actor of regional and international politics. As an autonomous and independent organ, it employed a complex transnational bureaucracy and regulated shipping along the Danube through a comprehensive set of internationally accepted rules and procedures. The Commission is portrayed as an effective experimental organisation, taken as a model for further cooperation in the international system.
Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity.
The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture.
Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.
This Open Access book series is published in conjunction with the Max Planck Institute for European Legal History.
The book volumes in the
Max Planck Studies in Global Legal History of the Iberian Worlds publish research on legal history of areas which have been in contact with the Iberian empires during the early Modern and Modern period, in Europe, the Americas, Asia and Africa. Its focus is global in the sense that it is not limited to the imperial spaces as such but rather looks at the glocalization of normativities within the space related to these imperial formations. It is global also in another sense: The volumes in the series will pay special attention to the coexistence of a variety of normativities (multinormativity) and their cultural translations in different places and moments, decentering classical research perspectives and opening up for different modes of normativity. Within this broad spectrum, and due to the research in this field carried out at Department II of the Max Planck Institute, normativities stemming from the field of Religious Studies will receive special attention.
The monographs, edited volumes and text editions in the series will be peer reviewed, and published in print and online. Brill’s Open Access books are discoverable through DOAB and distributed free of charge in Brill’s E-Book Collections, and through OAPEN and JSTOR.
This Companion aims to give an up-to-date overview of the historical context and the conceptual framework of Spanish imperial expansion during the early modern period, mostly during the 16th century. It intends to offer a nuanced and balanced account of the complexities of this historically controversial period analyzing first its historical underpinnings, then shedding light on the normative language behind imperial theorizing and finally discussing issues that arose with the experience of the conquest of American polities, such as colonialism, slavery or utopia. The aim of this volume is to uncover the structural and normative elements of the theological, legal and philosophical arguments about Spanish imperial ambitions in the early modern period.
Contributors are Manuel Herrero Sánchez, José Luis Egío, Christiane Birr, Miguel Anxo Pena González, Tamar Herzog, Merio Scattola, Virpi Mäkinen, Wim Decock, Christian Schäfer, Francisco Castilla Urbano, Daniel Schwartz, Felipe Castañeda, José Luis Ramos Gorostiza, Luis Perdices de Blas, Beatriz Fernández Herrero.
In the early modern period women played a prominent role in crime. At times they even made up half of all defendants. Female criminality was a typically urban phenomenon. Why do we find so many women before the Dutch criminal courts?
Prosecuting Women Ariadne Schmidt analyses the relation between female crime and the urban context by comparing prosecution patterns in various Dutch cities.
Prosecuting Women looks beyond the bare figures, examines the personal circumstances of criminal women and shows how women's illegal activities were linked to the socio-economic context of the locality and varied over time. The local interplay between actual crime and the responses of the authorities gave every city a location-specific dynamic in its pattern of prosecuted crime.
The 1,165 entries of
Handbooks and Anthologies for Officials in Imperial China by Pierre-Étienne Will and collaborators provide a descriptive list of extant manuscript and printed works—mainly from the Song, Ming, and Qing dynasties—created with the aim to instruct officials and other administrators of imperial China about the technical and ethical aspects of government, and to provide tools and guides to help with the relevant procedures. Both generalist and specialized texts are considered. Among the latter, such disciplines as the administration of justice, famine relief, and the military receive particular attention. Each entry includes the publishing history of the work considered (including modern editions), an analysis of contents, and a biographical sketch of the author.
When, why and how was it first believed that the corpse could reveal ‘signs’ useful for understanding the causes of death and eventually identifying those responsible for it?
The Body of Evidence. Corpses and Proofs in Early Modern European Medicine, edited by Francesco Paolo de Ceglia, shows how in the late Middle Ages the dead body, which had previously rarely been questioned, became a specific object of investigation by doctors, philosophers, theologians and jurists. The volume sheds new light on the elements of continuity, but also on the effort made to liberate the semantization of the corpse from what were, broadly speaking, necromantic practices, which would eventually merge into forensic medicine.
Smuggling the Renaissance: The Illicit Export of Artworks Out of Italy, 1861-1909 explores the phenomenon of art spoliation in Italy following Unification (1861), when the international demand for Italian Renaissance artworks was at an all-time high but effective art protection legislation had not yet been passed.
Making use of rich archival material Joanna Smalcerz narrates the complex and often dramatic struggle between the lawmakers of the new Italian State, and international curators (e.g., Wilhelm Bode), collectors (e.g., Isabella Stewart Gardner) and dealers (e.g., Stefano Bardini) who continuously orchestrated illicit schemes to export abroad Italian masterpieces. At the heart of the intertwinement of the art trade, art scholarship and art protection policies the author exposes the socio-psychological dynamics of unlawful collecting.
This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.
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.
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.
Migrating Words, Migrating Merchants, Migrating Law examines the connections that existed between merchants’ journeys, the languages they used and the development of commercial law in the context of late medieval and early modern trade. The book, edited by Stefania Gialdroni, Albrecht Cordes, Serge Dauchy, Dave De ruysscher and Heikki Pihlajamäki, takes advantage of the expertise of leading scholars in different fields of study, in particular historians, legal historians and linguists. Thanks to this transdisciplinary approach, the book offers a fresh point of view on the history of commercial law in different cultural and geographical contexts, including medieval Cairo, Pisa, Novgorod, Lübeck, early modern England, Venice, Bruges, nineteenth century Brazil and many other trading centers.
Contributors are Cornelia Aust, Guido Cifoletti, Mark R. Cohen, Albrecht Cordes, Maria Fusaro, Stefania Gialdroni, Mark Häberlein, Uwe Israel, Bart Lambert, David von Mayenburg, Hanna Sonkajärvi, and Catherine Squires.
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
Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and
Modernisation, 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.
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.