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.
departure, which they clearly remembered. 2 Iuscommune (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
dominion in accordance with Spanish tradition ( iuxta morem Hispaniae ), iuscommune 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
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 iuscommune it designated a
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 iuscommune as well as with canon law. For instance, in the case of Solórzano Pereira
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Decock , W. , Theologians and Contract Law: The Moral Transformation of the IusCommune (ca. 1500–1650) , Leiden/Boston , 2013 .
From Vitoria to Suarez , Rome , 1968 .
Decock , W. , Theologians and Contract Law. The Moral Transformation of the Iuscommune (ca. 1500–1650) , Leiden/Boston , 2013 .
Decock , W. , “ In Defense of Commercial Capitalism: Lessius, Partnerships and the Contractus Trinus ”, in Van
well in the Iuscommune . 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