Search results for "legal history"

Derecho y Fotografía. La objetividad truncada | Photography and Law. The truncated objectivity

2019

Resumen: Este trabajo muestra que el discurso fotográfico está en estrecha conexión con la historia e ideología jurídicas. Las cuestiones que atañen a qué es una imagen, la relación entre imagen fotográfica, verdad y objetividad, o el poder de construcción narrativa de la imagen atañen directamente al concepto de Derecho. Como una fotografía, el Derecho moderno nació con el mismo afán de verdad y fe absoluta en la ciencia. Bajo el velo de la neutralidad y objetividad, buscaba la seguridad y control de las relaciones humanas, con la misma aspiración de poseer, cosificar y comercializar la naturaleza y lo humano. Como sucede con las primeras fotografías, el Estado y el Derecho modernos consig…

Das Buch der Güter Livlands und Oesels

1863

Krajowa Rada Narodowa i Polski Komitet Wyzwolenia Narodowego w państwie prawa. Stanowiska doktryny

2021

<p>The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the …

Baldus and the Limits of Representation

2018

Most contributions on agency and representation in medieval law tend to look at collegiate offices, not individual ones: when, how and to what extent can a plurality of people be represented by a single individual. For individual offices - that is, offices not representing a collectivity - the approach was typically another. From the king to the magistrate, the office was not necessarily viewed as a different subject from that of the individual person discharging it, but rather construed as a series of powers vested in that person. Influenced by canon lawyers (chiefly, Innocent IV), Baldus de Ubaldis on the contrary approached the individual office in the same way as the collegiate one. Irr…

Vicarious liability for the carrier by river ?

2007

AbstractA case-study of a litigation during the years 1566–1574 between merchants from Oudenaarde and the Corporation of Free Shippers in Ghent shows that the corporation's liability for damage caused by one of its members was controversial. Although art. 20 of the ordinance of 14 February 1541 appeared to phrase the corporation's vicarious or subsidiary liability in general terms, the corporation's counsel, assisted by consultancies from a.o. E. Leoninus and J. Wamesius, successfully argued that in the light of the ordinance's rationale, which limited the free shippers' privileges in the aftermath of Charles V's punishment of Ghent in 1540, the corporation's liability had correspondingly t…

Dutch litigation before the Great Council of Mechlin : An additional calendar of the 'Appeals from Holland'

2009

AbstractM. Oosterbosch's additional calendar of documents belonging to the series 'Appeals from Holland' (Brussels, General Archives of the Realm, Collection Great Council of Mechlin) refers to hitherto unknown documents which may encourage fresh thematic research and case-studies on conflicts and litigation which originated mostly from Holland and Zeeland (from the 1460s until the 1580s), and to a lesser extent from Utrecht and (also during later periods) from Gelderland.

The barratry of the shipmaster in early modern law: polysemy and mos Italicus

2019

Summary ‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings o…

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…

Taking Human Dignity More Humanely

2016

The chapter argues that Kantian autonomy has sometimes been misunderstood, as if Kant would have viewed any choice as lawful, whatever its content might be. It should be noted that Kant followed earlier thinkers who had already found human rights (or natural rights) in the ‘dignity of human nature’. Thus Kant was not the first thinker to connect human rights with dignity, and the latter with human nature. The link between human rights, human nature and the expression ‘dignity’ appeared in the eighteenth century, but earlier than Kant.

Diritto e storia: intervista a Raimondo Santoro

2022

Further to being interviewed by Mario Varvaro, Raimondo Santoro introduces his ideas regarding the methodology of scientific research in the field of Roman law. This methodology takes into account a detailed investigation of sources and its close relationship with other historical disciplines, in which the technical nature of the legal point of view cannot be neglected. Santoro identifies the concept of law from the viewpoint of ‘legal experience’, which results from the ‘action’ and consists of development from the past to the present towards the future. He underlines the importance of historiography and the historical relativity of numerous dogmatic approaches. The interview concludes wit…