Search results for "English law"
showing 2 items of 2 documents
William Penn, solicitor of the Quakers, and the interplay between legal and religious language
2008
English law is repeatedly referred to in the works of the Quaker leader William Penn, the founder of Pennsylvania and a great advocate of religious tolerance. A literary and linguistic analysis of the works of William Penn, therefore, can give a vivid, interesting picture of the religious debate which characterized the political arena in 17th and 18th century England, especially as far as legal, political and religious discourse and terminology are concerned. The first part of my paper deals with the importance of law for William Penn and among Friends, underlining how such relevance was given expression in 17th century Quaker literature. Secondly, it concentrates on the interplay between l…
The Barratry of the Shipmaster in Early Modern Law: The Approach of Italian and English Law Courts
2019
Summary For a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think…