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In Making Manslaughter, Susanne Pohl-Zucker offers parallel studies that trace the legal settlement of homicide in the duchy of Württemberg and the imperial city of Zurich between 1376 and 1700. Killings committed by men during disputes were frequently resolved by extrajudicial agreements during the late Middle Ages. Around 1500, customary strategies of dispute settlement were integrated and modified within contexts of increasing legal centralization and, in Württemberg, negotiated with the growing influence of the ius commune. Legal practice was characterized by indeterminacy and openness: categories and procedures proved flexible, and judicial outcomes were produced by governmental policies aimed at the re-establishment of peace as well as by the strategies and goals of all disputants involved in a homicide case.
A Case of Legal Pluralism in Early Modern Europe
Now available in Open Access thanks to the support of the University of Helsinki. In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European ius commune, the conquerors’ law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.
Foundations for a European Legal System
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards.
Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.

departure, which they clearly remembered. 2 Ius commune (or Revived Roman Law) If customs (and fueros ) were the first and most important legal source in early modern Spanish America, the second source of almost equal weight was doctrine ( doctrina ). Doctrine included a complex system of knowledge

in A Companion to Early Modern Spanish Imperial Political and Social Thought

dominion in accordance with Spanish tradition ( iuxta morem Hispaniae ), ius commune and leges regni was granted. 15 From an historical perspective, the bulls granted by several popes to provide the islands with bishops after Henry III and John II begged for it ( ad supplicationem ). This was

in A Companion to Early Modern Spanish Imperial Political and Social Thought

the law of nations. Since its origins in Salamanca it was concerned with the creation of a new branch of law in order to regulate the relationships among different nations. For sure, the law of nations was conceived by Roman jurisprudence and in the medieval tradition of ius commune it designated a

in A Companion to Early Modern Spanish Imperial Political and Social Thought

America is analyzed by Tamar Herzog in “Colonial Law: Early Modern Normativity in Spanish America”. She shows that colonial law displays a series of traits that incorporates local customs within the legal framework of ius commune as well as with canon law. For instance, in the case of Solórzano Pereira

in A Companion to Early Modern Spanish Imperial Political and Social Thought

, D. , Gerechtigkeit und Recht: Eine historisch-kritische Untersuchung der Gerechtigkeitslehre des Francisco de Vitoria (1483–1546) , Freiburg , 1991 . Decock , W. , Theologians and Contract Law: The Moral Transformation of the Ius Commune (ca. 1500–1650) , Leiden/Boston , 2013 . Douzinas

in A Companion to Early Modern Spanish Imperial Political and Social Thought

From Vitoria to Suarez , Rome , 1968 . Decock , W. , Theologians and Contract Law. The Moral Transformation of the Ius commune (ca. 1500–1650) , Leiden/Boston , 2013 . Decock , W. , “ In Defense of Commercial Capitalism: Lessius, Partnerships and the Contractus Trinus ”, in Van

in A Companion to Early Modern Spanish Imperial Political and Social Thought

well in the Ius commune . 29 Differently from what has been asserted, its assimilation was not simply a tribute to a “primitive mentality.” 30 On the contrary, this was the result of the reworking by the new legal system of investigative tools which at the time had their own rationality as well as

in The Body of Evidence