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Was hat das Alte Reich im Innersten zusammen gehalten? Waren es die Reichsinstitutionen wie beispielsweise das Reichskammergericht, der Reichshofrat und der Reichstag? Oder waren es die Reichsgrundgesetze wie der Westfälische Friede? Einen entscheidenden integrativen Faktor des Alten Reiches stellten gewiss die Personen und Personengruppen dar, die Aufgaben und Funktionen für Kaiser und Reich wahrnahmen. Inwieweit besaßen diese Personen eine spezifische Mentalität, die über das Zugehörigkeitsgefühl zu einer Reichsinstitution hinausging? Diesen und anderen Fragen gehen die Autoren nach, wobei das Spektrum der Beiträge von den Reichskammergerichtsboten, über Anwälte an den beiden höchsten Gerichten bis zu den kaiserlichen Kommissaren am Reichshofrat reicht.
Battlefield Emotions in Late Antiquity is the first work to offer a comprehensive analysis of morale and fear. Różycki examines Roman military treatises to illustrate the methods of manipulating the human psyche.
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more deta...
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.
Utilizing a uniquely rich collection of trial records and council meeting minutes from late medieval Bologna, this book offers the first study of summary justice and oligarchy in an Italian commune, demonstrating how new legal institutions arose in response to the increasingly exclusionary policies of the popolo government.
The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.
Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian's Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.
This interdisciplinary collection of essays about early modern Germany addresses the tensions, both fruitful and destructive, between normative systems of order on the one hand, and a growing diversity of practices on the other. Individual essays address crucial struggles over religious orthodoxy after the Reformation, the transformation of political loyalties through propaganda and literature, and efforts to redefine both canonical forms and new challenges to them in literature, music, and the arts. Bringing together the most exciting papers from the 2005 conference of Frühe Neuzeit Interdisziplinär, an international research and conference group, the collection offers fresh comparative insights into the terrifying as well as exhilarating predicaments that the people of the Holy Roman Empire faced between the Reformation and the Enlightenment. Contributors include: Claudia Benthien, Robert von Friedeburg, Markus Friedrich, Claire Gantet, Susan Lewis Hammond, Thomas Kaufmann, Hildegard Elisabeth Keller, Benjamin Marschke, Nathan Baruch Rein, and Ashley West.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Interdisciplinary essays on early modern Germany that address orthodoxy and its challenges in religion, politics, and the arts. Confronting the transformation of normative canons after the Reformation, the essays investigate authority and knowledge in an era of shifting cultural foundations.