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Conquest and the Law in Swedish Livonia (ca. 1630–1710)
  • Language: en
  • Pages: 307

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

  • Type: Book
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  • Published: 2017-01-05
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  • Publisher: BRILL

In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.

Marks of an Absolute Witch
  • Language: en
  • Pages: 338

Marks of an Absolute Witch

This work explores the social foundation of evidence law in a specific historical social and cultural context - the debate concerning the proof of the crime of witchcraft in early modern England. In this period the question of how to prove the crime of witchcraft was the centre of a public debate and even those who strongly believed in the reality of witchcraft had considerable concerns regarding its proof. In a typical witchcraft crime there were no eyewitnesses, and since torture was not a standard measure in English criminal trials, confessions could not be easily obtained. The scarcity of evidence left the fact-finders with a pressing dilemma. On the one hand, using the standard evidenti...

Natural Law and Thomistic Juridical Realism
  • Language: en
  • Pages: 328

Natural Law and Thomistic Juridical Realism

  • Categories: Law
  • Type: Book
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  • Published: 2022-02-04
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  • Publisher: CUA Press

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations o...

Law and Economic Performance in the Roman World
  • Language: en
  • Pages: 295

Law and Economic Performance in the Roman World

  • Type: Book
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  • Published: 2022-09-26
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  • Publisher: BRILL

Were legal systems in the Roman empire conducive to economic growth and development? Were legal rules and procedure changed in response to economic needs? This book offers detailed studies to provide some answers to these basic questions.

The Development of Commercial Law in Sweden and Finland (Early Modern Period–Nineteenth Century)
  • Language: en
  • Pages: 240

The Development of Commercial Law in Sweden and Finland (Early Modern Period–Nineteenth Century)

  • Categories: Law
  • Type: Book
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  • Published: 2020-08-03
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  • Publisher: BRILL

The Development of Commercial Law in Sweden and Finland provides a broad perspective on recent research into the history of North European commercial law in a comparative and international framework. The book brings together themes that have previously been considered largely from a national perspective. Despite Sweden's and Finland's peripheral locations in Europe, global legal phenomena took place there as well. These countries were at the crossroads of cultures and commercial interests, allowing us to re-examine them as lively laboratories for commercial laws and practices rather than dismissing them as a negligible periphery. The importance of trade and international transactions cannot be disclaimed, but the book also emphasizes the resilient nature of commercial law. Contributors are: Dave De ruysscher, Stefania Gialdroni, Ulla Ijäs, Marko Lamberg, Heikki Pihlajamäki, Jussi Sallila, and Katja Tikka.

Comparative Methods in Law, Humanities and Social Sciences
  • Language: en
  • Pages: 288

Comparative Methods in Law, Humanities and Social Sciences

  • Categories: Law

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

Learning Law and Travelling Europe: Study Journeys and the Developing Swedish Legal Profession, c. 1630–1800
  • Language: en
  • Pages: 441

Learning Law and Travelling Europe: Study Journeys and the Developing Swedish Legal Profession, c. 1630–1800

  • Type: Book
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  • Published: 2020-05-18
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  • Publisher: BRILL

In Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an exciting account of the study journeys of Swedish lawyers in the early modern period. Based on archival sources and biographical information, the study delves into the backgrounds of the law students, their travels through Europe, and their future careers. In seventeenth-century Sweden, the state-building process was at its height, and trained officials were desperately needed for the administration and judiciary. The book shows convincingly that the studies abroad of future lawyers were intimately linked to this process, whereas in the eighteenth century, study journeys became less important. By examining the development of the Swedish early modern legal profession, the book also represents an important contribution to comparative legal history.

Lutheran Reformation and the Law
  • Language: en
  • Pages: 283

Lutheran Reformation and the Law

  • Type: Book
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  • Published: 2022-01-04
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  • Publisher: BRILL

The study based on interdisciplinary research by theologians and legal historians investigating the legal, philosophical and theological aspects of the Lutheran Reformation in the church and society, and the impact of the Reformation on law in the Nordic countries.

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
  • Language: en
  • Pages: 365

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

  • Categories: Law
  • Type: Book
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  • Published: 2019-12-16
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  • Publisher: BRILL

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

The World of Colonial America
  • Language: en
  • Pages: 427

The World of Colonial America

The World of Colonial America: An Atlantic Handbook offers a comprehensive and in-depth survey of cutting-edge research into the communities, cultures, and colonies that comprised colonial America, with a focus on the processes through which communities were created, destroyed, and recreated that were at the heart of the Atlantic experience. With contributions written by leading scholars from a variety of viewpoints, the book explores key topics such as -- The Spanish, French, and Dutch Atlantic empires -- The role of the indigenous people, as imperial allies, trade partners, and opponents of expansion -- Puritanism, Protestantism, Catholicism, and the role of religion in colonization -- The...