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Diritto: storia e comparazione

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Book Series: Global Perspectives on Legal History ISBN: 9783944773209 9783944773216 Year: Pages: 608 DOI: 10.12946/gplh11 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study.
In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency.
A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity."

Normatividades e instituciones eclesiásticas en la Nueva España, siglos XVI–XIX

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Book Series: Global Perspectives on Legal History ISBN: 9783944773049 9783944773148 Year: Pages: 316 DOI: 10.12946/gplh5 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Ecclesiastical institutions and actors were essential for the formation of normative orders in early modern Ibero-America. However, both legal historiography, due to its strong legalistic, state-centred imprint, and general historiography on colonial times, more inclined towards secular law, have only rarely discussed the contribution of ecclesiastical normativity to the formation of that normative texture which, in the historiographical tradition, has been called ‘derecho indiano’.
In light of this situation, the Max Planck Institute for European Legal History has organised a series of seminars in different Latin American cities in order to offer an interdisciplinary forum dedicated to the research of ‘ecclesiastical normativities and institutions in Ibero-America’ between the 16th and 19th centuries. The present volume is the first in a series of publications that document the results of this cycle of seminars celebrated in Mexico City, Lima, Bogotá and São Paulo.
The book, focusing on New Spain, is divided into five thematic parts. The first section presents investigations on canon law and moral theology that deal with characteristic aspects of multinormativity and the teaching of those disciplines in early modern times. The second section examines diocesan governance and ecclesiastical power in Mexico City and Puebla via statutes of the cathedral chapter, members of the ‘curia arzobispal’ and pertinent legal opinions. In the third section, the contributors reflect on the normativity and administration of sacraments, drawing on conciliar norms, treatises, pragmatic literature but as well on registers of baptisms and confessions. The fourth section deals with ethnic groups in courts of justice, both civil and ecclesiastic ones: indigenous people accused of ‘hechicería’ in a tribunal of Tlaxcala and Afro-Mexicans who started litigation in the archiepiscopal court of Mexico. The articles of the fifth section cover the topics of beatification, devotion and cultural expressions (music, images) from a normative perspective and extend the period of investigation to the 19th century.
The articles on ecclesiastical institutions and normativities in New Spain collected in this volume propose new research fields for legal history and the history of the Church, which at the same time are relevant for social and cultural history. The editors’ purpose has been to present approaches that explore the relationship between different types of normativities, their local adaptations, the ties with global debates, the forms of solving conflicts, as well as the role of jurists, theologians and other actors. The topics discussed by the authors represented in this volume – who cultivate the disciplines of history, legal history, church history, ethnohistory, art history and the history of music – contribute to a better understanding of the normative religious universe in Spanish America."

Legal Pluralism

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ISBN: 9789949778416 9789949778409 Year: Pages: 195 Language: English
Publisher: University of Tartu Press
Subject: Law
Added to DOAB on : 2019-01-15 13:33:11
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An important part of the narrative of modern law and legal science has been the claim that legal unity possesses many advantages over the legal pluralism of earlier periods. This collection includes articles from the conference “Legal Pluralism – Cui bono?” organised by the School of Law in the University of Tartu in 2015. The conference papers not only identify the real dangers and challenges, but first of all the opportunities of legal pluralism and concentrate primarily on the perspective of the individual historically as well as in the present. The volume includes papers by Piia Kalamees, Katrin Kello, Olja Kivistik, Irene Kull, Kåre Lilleholt, Marju Luts-Sootak, Patrick Praet, Ralf Seinecke, Hesi Siimets-Gross, Maarja Torga, and Age Värv.

Die Register Innocenz’ III. 14. Jahrgang (1211/1212). Texte und Indices

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ISBN: 9783700181098 Year: Pages: 414 Seiten Language: Latin|German
Publisher: Verlag der Österreichischen Akademie der Wissenschaften Grant: Austrian Science Fund - PUB 492
Added to DOAB on : 2019-02-28 11:21:05

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The fourteenth volume of the critical edition of pope Innocent III’s chancery-registers is containing 161 letters addressed to recipients all over Europe and in the Middle East. In this year of the pontificate, no geographical focus is discernible. However, christianitas as threatened at three frontiers (in Spain and the East by Muslims, in Southern France by heretics) is a topic constantly recurring in the Pope’s letters. The register of Innocent’s fourteenth year of pontificate is one of the four volumes transmitted not as original but as a copy written at the Curia in mid-14th century and as print published in the 17th century.

Die Wiener Stadtbücher 1395-1430, Teil 5: 1418-1421

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ISBN: 9783205204435 Year: Pages: 466 Seiten Language: Latin|German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 443
Added to DOAB on : 2018-04-21 11:01:55
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The Archive of the City of Vienna keeps three folio-volumes of a manuscript in conservation of her archive, which in common was marked as “Wiener Testamentsbücher” (Viennese Last Wills-Register). The source, comprising the period of 1395 to 1430, at this time was named “Stadtbuch”, and this appoints the character of such registers, which served for registration of legal transactions in urban space. In total the “Stadtbuch” embodies more than 4.500 registrations, in most cases last wills (“Geschäfte”), but also a lot of registrations about transactions concerning private law as well as matters of pubic law.

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