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Author: Joseph Canning

emperor. It is a truism to say that change is a fundamental characteristic of human life. Any living law has to cope with the relationship between the law as it stands and developing and new conditions. The problem for Roman law in the Middle Ages dramatically illustrated the tensions between permanence

In: Empire and Legal Thought
Author: Jordan Rudinsky

predecessor Thomas Arnold with the idea of the unity of history and heralded it as ‘the truth which ought to be the centre and life of all our historic studies’. 61 As a concession to the ‘imperfect world’ in which he found himself at Oxford, to be sure, he defined ‘modern’ history for practical purposes

In: Empire and Legal Thought
Author: Edward Cavanagh

nation is living an independent life or has to submit to conquest, etc. p . vinogradoff , Outlines of Historical Jurisprudence (1920) Across epochs and peoples, legal thinkers have just as easily made recourse to principle at the earliest apprehension of a novel situation. In legal thought

In: Empire and Legal Thought
Author: Halcyon Weber

specifically, even considering the large amount of his additional legislation that sought to protect families from disherison. However, ecclesiastical wealth and power was ever increasing, 119 and cumulatively the evidence makes a cogent case to the effect that Justinian’s stance was motivated by the

In: Empire and Legal Thought

1 Introduction The Soviet Union ( USSR ) and the Socialist Bloc played a crucial and still largely unrecognized role in the remaking of international humanitarian law ( IHL ) after World War II . Drawing on the archives of the United Kingdom (UK), the United States (US), France, and the

In: Journal of the History of International Law / Revue d'histoire du droit international

documents that we selected for this volume allow us to do more than just look at the juridical field in a Central Asian oasis from the narrow confines of a royal court. When and where possible, we equally considered the actions of people that moulded the everyday life of the khanate in the center and at the

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In: Seeking Justice at the Court of the Khans of Khiva

curator seeking an exemption from their office to appear in court within 50 days if living within a 100 mile-radius of the court. Should someone live beyond the 100 miles, the law provided that the party be given 30 days plus a day for each 20 miles. The result of the rule is absurd, as Modestinus points

In: Equity in Early Modern Legal Scholarship
Author: Dante Fedele

142 . The nuntius was a messenger, and devoid of any autonomy: from the late twelfth century on, jurists defined him as a living letter, a magpie or an instrument, whose office was a nudum ministerium , emphasising that he was nothing but the voice of his principal, whose words he merely recited

In: The Medieval Foundations of International Law
Author: Dante Fedele

– regards the matter of war. Here Baldus briefly mentions the restitution of goods and the defence of one’s fatherland, referring to both canon law and lex Ex hoc iure in the Digesta 16 . Thirdly, a just war must have a causa : in other words, it must be motivated by necessity, and its ultimate purpose

In: The Medieval Foundations of International Law

were further distinctions to be made, centering on the sensitive subject of when life began. The Carolina defined abortion as the killing of aliving fetus,” and as a capital crime, while the killing of a fetus that is not living was still punishable, but with lesser sanctions. There was some

In: The Body of Evidence