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Susanne Pohl-Zucker

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.

Conquest and the Law in Swedish Livonia (ca. 1630–1710)

A Case of Legal Pluralism in Early Modern Europe

Series:

Heikki Pihlajamäki

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.

The Laws of Late Medieval Italy (1000-1500)

Foundations for a European Legal System

Mario Ascheri

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.

The Dark Side of Knowledge

Histories of Ignorance, 1400 to 1800

Series:

Cornel Zwierlein

How can one study the absence of knowledge, the voids, the conscious and unconscious unknowns through history? Investigations into late medieval and early modern practices of measuring, of risk calculation, of ignorance within financial administrations, of conceiving the docta ignorantia as well as the silence of the illiterate are combined with contributions regarding knowledge gaps within identification procedures and political decision-making, with the emergence of consciously delimited blanks on geographical maps, with ignorance as a factor embedded in iconographic programs, in translation processes and the semantic potentials of reading. Based on thorough archival analysis, these selected contributions from conferences at Harvard and Paris are tightly framed by new theoretical elaborations that have implications beyond these cases and epochal focus.

Contributors: Giovanni Ceccarelli, Taylor Cowdery, Lucile Haguet, John T. Hamilton, Lucian Hölscher, Moritz Isenmann, Adam J. Kosto, Marie-Laure Legay, Andrew McKenzie-McHarg, Fabrice Micallef, William T. O´Reilly, Eleonora Rohland, Mathias Schmoeckel, Daniel L. Smail, Govind P. Sreenivasan, and Cornel Zwierlein.

Encyclopedia of Early Modern History, volume 7 

(Industrial Cycle – Latin Studies)

Series:

Edited by Andrew Colin Gow

The Encyclopedia of Early Modern History offers 400 years of early modern history in one work. Experts from all over the world have joined in a presentation of the scholarship on the great era between the mid-15th to the mid-19th centuries. The perspective is European. That does not mean, however, that the view on the rest of the world is blocked. On the contrary: the multifaceted interrelatedness of European and other cultures is scrutinized extensively.

The Encyclopedia of Early Modern History addresses major historical questions:
- which ideas, inventions, and events changed people’s lives?
- in which ways did living conditions change?
- how do political, social, and economic developments interlock?
- which major cultural currents have begun to become apparent?
- how did historical interpretation of certain phenomena change?
The individual articles are connected to one another as in a web of red threads. The reader who follows the threads will keep coming upon new
and unexpected contexts and links.

Civil Justice in Renaissance Scotland

The Origins of a Central Court

Series:

Andrew Mark Godfrey

This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of “the Session” in the fifteenth century as a judicial sitting of the King’s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.