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The Rule of Law in Comparative Perspective
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
Acquittals in the Spanish Inquisition
The Spanish Inquisition has become such a byword for injustice that many forget it was also a judicial system capable of acquittal. This study of more than 67,000 trials uncovers over 2,500 formal acquittals, more than 6,600 suspended trials, and nearly 2,100 with unknown or no recorded outcomes. The inquisitors were jurists who frequently held other judgeships before and after their tenure and used the same evidentiary rules as other Spanish courts. If every acquittal may be taken as an admission of error, the Spanish Inquisition admitted its errors thousands of times, occasionally even putting them on public display at the autos de fe. An acquittal can also be taken as a sign that the inquisitors did not wish to punish the innocent and that while they were quick to arrest and charge people on flimsy evidence, they were too conscientious to convict them without further proof. However, it is also clear that the Holy Office at times did bend, twist, or even break the law when it suited it in order to secure a conviction. This book is aimed at students, scholars, and general readers seeking a nuanced understanding of the Spanish Inquisition and its workings.
Privacy at Sea
This book explores the idea of privacy at sea, from early sixteenth-century maritime expansions to nineteenth-century naval developments. In this period, the sea became a focal point of political and economic ambition as technological and cultural shifts enabled a more extensive exploration of maritime spaces and global coexistence at sea. The exploration of the sea and the conflicts arising from establishing control over maritime routes demanded a more nuanced distinction and negotiation between State and private efforts. Privateering, for example, became a bridge between the private enterprises and the State’s warfares or trade struggles, demonstrating that the sea required public contro...
El delito de juegos prohibidos
Durante siglos y hasta una fecha relativamente reciente, en concreto hasta la entrada en vigor de la ley orgánica 8/1983 de 25 de junio, por la que se introdujeron algunas reformas en el Código Penal, la práctica de ciertos juegos estuvo castigada en España. Ese hecho justifica la enjundia de la investigación acometida, a fin de desentrañar el porqué algo tan ligado al ser humano mereció un reproche jurÃdico que, en algunos casos, llegó a reprimirse con la pena capital. Por esa razón, se ha estimado necesario principiar el estudio en el periodo de dominación romana en la PenÃnsula Ibérica para, desde ahÃ, conocer cuál ha sido la evolución de las normas particulares sobre est...
Global History, Visual Culture and Itinerancies
National studies have demonstrated their inability to correctly understand global phenomena, and the way in which they affect societies. This chronologically ambitious book investigates methodological and theoretical issues from Roman times to the present, in terms of globalization. In this context, one of the most relevant parameters of change emerges: the itinerancy of culture and knowledge. Therefore, this volume argues that itinerant agents carry with them cultural baggage, transporting and transmitting it to other spaces. In this way, interconnection begins, producing active changes in global history and visual culture. Contributions to this book focus on comparative studies, the evolution of global phenomena, historical processes in their diachrony, regional studies, changing economies, cultural continuities, and methodological questions on globalization, among others. In addition, the book opens with a contribution from Professor Peter Burke.
The Western Codification of Criminal Law
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.
Alfonso X, the Justinian of His Age
In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.
Reconsidering Constitutional Formation I National Sovereignty
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as â...
Persecución y castigo de la exportación ilegal de bienes en Castilla (siglos XIII-XVIII)
Durante los siglos medievales y modernos, Castilla apareció fundamentalmente como una tierra exportadora de materias primas a otros reinos e importadora de productos manufacturados, provocando con ello un evidente desequilibrio económico en su balanza comercial, que padecieron especialmente los súbditos, sobre todo porque gran parte de las exportaciones se centraron en bienes básicos para su sustento. Ante esta tesitura, los diferentes monarcas se vieron forzados a arbitrar una serie de medidas protectoras que, a costa de poner trabas a la libre circulación de mercancÃas, garantizase el abastecimiento a precios controlados a favor de los naturales, para que éstos no se viesen desprovi...
