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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.

The Enemy Within
  • Language: en
  • Pages: 222

The Enemy Within

This work explores the quantitative and qualitative development of homicide in eastern Finland in the second half of the eighteenth century and the early years of the nineteenth. The area studied comprised northern Savo and northern Karelia in eastern Finland. At that time, these were completely agricultural regions on the periphery of the kingdom of Sweden. Indeed the majority of the population still got their living from burn-beating agriculture. The analysis of homicide there reveals characteristics that were exceptional by Western European standards: the large proportion of premeditated homicides (murders) and those within the family is more reminiscent of modern cities in the West than ...

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.

The Enemy Within
  • Language: en
  • Pages: 217

The Enemy Within

This work explores the quantitative and qualitative development of homicide in eastern Finland in the second half of the eighteenth century and the early years of the nineteenth. The area studied comprised northern Savo and northern Karelia in eastern Finland. At that time, these were completely agricultural regions on the periphery of the kingdom of Sweden. Indeed the majority of the population still got their living from burn-beating agriculture. The analysis of homicide there reveals characteristics that were exceptional by Western European standards: the large proportion of premeditated homicides (murders) and those within the family is more reminiscent of modern cities in the West than ...

Witches of the North
  • Language: en
  • Pages: 408

Witches of the North

  • Type: Book
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  • Published: 2013-06-13
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  • Publisher: BRILL

Witches of the North. Scotland and Finnmark is a comparative study of witchcraft persecution in Scotland and Finnmark, Norway. A wide range of quantitative and qualitative analyses based mainly on legal documents shed light on the witch-hunts in the two regions during the seventeenth century. Statistical analyses give information about tendencies in the source material in total. The qualitative chapters contain close-readings of trial documents, wherein the various voices heard during a trial are analysed: the voice of the scribe, the voice of the law, the voice of the accused person and the voices of the witnesses. The analyses combined provide a broad view of the historical phenomenon in question as well as in-depth studies of individual witchcraft cases.

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

This book offers critical analyses of the dynamic relation between legal regulations, institutions and economic performance in the Roman world. It studies how law and legal thought affected economic development, and vice versa. Inspired by New Institutional Economics scholars the past decades used ancient law to explain economic growth. There was, however, no natural selection process directing legal changes towards macro-economic efficiency. Ancient rulers and jurists modified institutions to serve or safeguard particular interests—political, social, or economic. Nevertheless both economic performance and legal scholarship peaked at unprecedented levels. These were momentous historical developments. How were they related?

Comparative Methods in Law, Humanities and Social Sciences
  • Language: en
  • Pages: 289

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.

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 volume provides new evidence of how the legal ideas of the Lutheran Reformation were put into practice, especially in the Nordic countries, and how they worked in the history of law. Denmark, Finland, Norway and Sweden forming the largest Lutheran area in the world, this lacuna is considerable. The first part of the book deals with the legal, theological and philosophical thought of the reformers. The second part examines the impact of the Reformation on particular aspects of legal reform, especially marriage and criminal law and the law on poor relief in the Northern Europe. The study is based on interdisciplinary research by theologians and legal historians. Contributors include: Kaarlo Arffman, Pekka Kärkkäinen, Mia Korpiola, Virpi Mäkinen, Heikki Pihlajamäki, Antti Raunio, Risto Saarinen, and Reijo Työrinoja.