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To kill someone purely in order to be sentenced to death and then to die at the hands of the executioner! Such murders were alarmingly frequent in eighteenth-century Lutheran Europe. The book traces the complex motives behind these crimes – an investigation that leads not only to the Pietist interest in saving the souls of those sentenced to death but also into some of the central elements of Lutheran soteriology and the idea of capital punishment as being divinely ordained. The murders prompted special legislation and challenged the religious basis of the death penalty, and the killings and the logic behind them played an important role in debates about capital punishment, following Becca...
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are...
When barbarians invaded the Roman Empire in the years around 400 AD, Christian monks hid their cloisters. Conrad Leyser shows that monks in the early medieval West were, in fact, pioneers in the creation of a new language of moral authority.
Murray surveys literature written by lawyers for their amusement, and the amusement of their peers. Much of this genre is humorous; it includes such forms as law lyrics, whimsical dissertations, reports in verse and facetious precedents. Other examples, such as proverbs and memorial verses, have a didactic intent. A final group includes elegantly written legal works and examples based on literary conventions. Moving from the textual to the visual, Murray also considers illustrated law books and legal livres de luxe. An appealing survey, it is also a useful starting point for further research into this fascinating genre. xiv, 302, [2] pp. Frontispiece. Illustrations. Plates.
The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).
"... to be consulted before any significant legal debate." W. J. Stewart in: Scots Law Times 1995This volume is concerned with the history of the concept of, or of the remedies for, unjust enrichment in the Civil law and the Common law. But this history is radically different in the two systems - different both in the starting point of each system and in the methods by which progress from that starting point was made.What for the Civil law is the starting point is for the Common law the ultimate outcome. The Civil law from its earliest medieval beginnings had before its eyes, at least as a potential unifying principle, the concept of unjust enrichment which it found in the Corpus Iuris, wher...
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
This book brings together an international cohort of leading scholars to address the question of doing ethics in the light of Wittgenstein. Chapters advance a conception of philosophical ethics characterized by an attention to detail, meaning and importance which itself makes ethical demands on its practitioners. Working in conversation with literature and film, engaging deeply with anthropology and critical theory, and addressing problems from racialized sexual violence against women to the Islamic State, this book reclaims Wittgenstein's legacy as an indispensable resource for contemporary ethics
The emergence of the state in Europe is a topic that has engaged historians since the establishment of the discipline of history. Yet the primary focus of has nearly always been to take a top-down approach, whereby the formation and consolidation of public institutions is viewed as the outcome of activities by princes and other social elites. Yet, as the essays in this collection show, such an approach does not provide a complete picture. By investigating the importance of local and individual initiatives that contributed to state building from the late middle ages through to the nineteenth century, this volume shows how popular pressure could influence those in power to develop new institut...
Across all times and cultures, mankind has attached great importance to the foundation of buildings, cities and communities. By means of rituals of foundation, dedication and consecration, buildings and objects are charged with meaning. At the same time, these rituals bear witness of the way communities understand their own place in history, and how they position themselves in relation to others. As such, the study of these rituals deepens our understanding of society at large. Bringing together contributions from art history, architectural history, historiography and history of law, this volume is the first comprehensive exploration of the manifold meanings of foundation, dedication and consecration in early modern culture, which combined a renewed interest in notions of origins, history and identity with an exceptionally rich production of artefacts. Contributors include Piers Baker-Bates, Jorge Correia, Roger J. Crum, Maarten Delbeke, Alison C. Fleming, Dagmar Germonprez, Carmelina Gugliuzzo, Berthold Hub, Indra Kagis McEwen, Susan J. May, Brian J. Maxson, Anne-Françoise Morel, Almut Pollmer, Bernward Schmidt, Minou Schraven, Andrew Spicer, and Colin Wilder.