Natural law changed its character in the post-Reformation period, mainly because it became an academic discipline. This institutionalisation happened first in Protestant countries but increasingly also in Catholic areas. In the hands of philosophers and jurists rather than theologians the subject served a wide variety of purposes in domestic, colonial, imperial and international politics, in judicial administration, legislation and reform, in social analysis and in the inculcation of social ethics. Although concerned with the foundations of morality, law and politics, early modern natural law was far from a coherent philosophical theory, but rather the framework for fundamental disputes. What kind of natural law was adopted in a given place and period was often a matter of local controversy in state, church and university. At the same time, natural law was characterised by extensive transnational networks.
Die Studie eröffnet einen neuen Blick auf den Entstehungsprozess kommunaler Schriftkultur in einer europäischen Großstadt des Spätmittelalters. Dabei zeigt die Geschichte der umfangreichen Überlieferung Augsburgs, wie mehrere Generationen städtischer Autoritäten im Zuge wachsender Emanzipation zunehmend auf Schriftlichkeit angewiesen waren und eigene Bedürfnisse der Archivierung ausprägten. Die Verschriftlichung war ein komplexer Prozess, der wichtige Lebensbereiche und Teile der städtischen Gesellschaft in unterschiedlicher Zeit und Intensität erfasste. Weniger als bisher angenommen ging es dabei um die pragmatische Effektivierung des Regierungshandelns. Die Antriebskraft der Verschriftlichung im Spätmittelalter entsprang einem wachsenden Bedürfnis nach Kontrolle und Überprüfbarkeit.
Scholarship on the moral and political philosophy of the ‘School of Salamanca’ has either long been emphasizing the discontinuity between medieval and modern philosophy and the way this discontinuity is represented in the works of these authors or discussing issues of moral justification that are often seen as the heart of early modern practical philosophy.
This volume offers a fresh perspective by focusing on the concept of law. This allows for an in-depth analysis of a variety of normative issues in the authors’ moral and political thought. It also suggest a more continuous picture of the transition from medieval to modern philosophy and proposes a more nuanced view of the importance of political concepts in the authors’s practical philosophy.
Theorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism.
Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.
The first overview of the history of criminal law in the area that is currently within the territory of Belgium. Jos Monballyu treats both the sources of criminal law, the different judicial bodies that dealt with criminal issues, the general characteristics of the offences, the manifestations of the offences, the different punishments and their functions, the administration of criminal justice and, finally, some offences and their punishments in particular, namely suicide, witchcraft and press offences. All of these subjects are treated in such a manner that they can immediately be compared with the contents of similar standard works concerning the history of criminal justice in other countries.
formal control impacted the position of women before the courts by the study of sexual offences. In the early modern period, sexual matters were not considered a private concern but were subject to public control. In the wake of religious changes arising from the Reformation, the early modern period
Livres des procurateurs de la nation germanique de l’Université d’Orléans (1444-1602) are a unique source for the history of European universities. The quarterly reports of the presidents of the association of law students allow us to reconstitute in detail the everyday life of students from the Germanic countries during the Renaissance. From the published first and second 'Livres' between 1444-1567 (same authors, Brill 1971 and 1988) it appears that the alumni got key positions in Church and State in their homelands. The reports of the third 'Livre' for the years 1567-1587 describe the fortunes of the German Nation and the University and offer a unique look at the role of Orleans and its graduates in the religious wars and the growing confessionalisation of Europe.
Livres des procurateurs de la nation germanique de l’Université d’Orléans (1444-1602) are a unique source for the history of European universities. The quarterly reports of the presidents of the association of law students allow us to reconstitute in detail the everyday life of students from the Germanic countries during the Renaissance. From the published first , second and third
Livres between 1444-1587 (same authors, Brill 1971-2013) it appears that the alumni got key positions in Church and State in their homelands. The reports of the fourth
Livre for the years 1587-1602 describe the fortunes of the German Nation and the University and offer a unique look at the role of Orleans and its graduates in the religious wars and the growing confessionalisation of Europe.
Diocesan Justice in Late Fifteenth-Century Carpentras uses notarial records from the 1480s to reconstruct the procedures, caseload, and sanctions of the bishop’s court of Carpentras and compare them to other secular and ecclesiastical courts. The court provided a robust forum for debt litigation utilized by a wide variety of people. Its criminal proceedings focused on recidivist clerics who engaged in fights, disobedience, anti-Jewish activities, and sexual transgressions. Its justice varied depending on whether cases involved violence, sex, or contracts. The judge applied sanctions gingerly and protected litigants’ rights carefully, in ways we might not expect: his role was to intervene in, explore, and document conflicts, and to elicit confessions and mediate disputes. Participants exploited this narrative and archival space well.