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The Great Council of Malines in the 18th century
This work studies the Great Council of Malines as an institution. It analyzes the Council’s internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns’ striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation.
Bastards
Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring.Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. ...
Interpretation of Law in the Age of Enlightenment
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
The Learned and Lived Law
This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
Custom, Law, and Monarchy
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Dramatic Justice
For most of the seventeenth and eighteenth centuries, classical dogma and royal censorship worked together to prevent French plays from commenting on, or even worse, reenacting current political and judicial affairs. Criminal trials, meanwhile, were designed to be as untheatrical as possible, excluding from the courtroom live debates, trained orators, and spectators. According to Yann Robert, circumstances changed between 1750 and 1800 as parallel evolutions in theater and justice brought them closer together, causing lasting transformations in both. Robert contends that the gradual merging of theatrical and legal modes in eighteenth-century France has been largely overlooked because it chal...
Civil Society and Gender Justice
Civil society and civic engagement have increasingly become topics of discussion at the national and international level. The editors of this volume ask, does the concept of “civil society” include gender equality and gender justice? Or, to frame the question differently, is civil society a feminist concept? Conversely, does feminism need the concept of civil society? This important volume offers both a revised gendered history of civil society and a program for making it more egalitarian in the future. An interdisciplinary group of internationally known authors investigates the relationship between public and private in the discourses and practices of civil societies; the significance o...
Shades of Indignation
Corruption is far from disappearing, yet now it inspires resignation rather than indignation - and as such, it has lost its power to scandalize. Jankowski claims that such transformations tell a tale. The state that once aspired to pre-eminence as the sole magnet of loyalty, touchstone of probity, and guarantor of right, has yielded significant ground to the individual who is now more likely to elevate his own dignity and cry scandal on his own behalf."--Jacket.
Natural Law in Court
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a r...
Comparative Legal History
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
