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4th Workshop on Legal Culture: 'Jurists and the medieval state 1000-1500. Varieties and Development of a Symbiotic Relationship', organized by Maria João Branco and André Vitoria, 7-9 September, Lisbon, Instituto de Etudos Medievais, Nova FCSH
2007
This chapter explores the history of medieval maritime law and its practice in Northern Europe. It argues that, contrary to the historiography, a common supra-territorial law of the sea did not exist in the Middle Ages in this region. Instead, Northern Europe was split up into several local, regional and national jurisdictions, each of which used varying laws. The chapter starts with an overview of written maritime laws from the Roles d’Oleron to the Wisby Sea Law. Subsequently, the availability of these laws in five Northern European towns (Lubeck, Reval, Danzig, Kampen and Aberdeen) is examined, as well as their actual use in the town courts. In the final section, the administration of maritime justice is tackled. In this section, it is put forward that a common medieval law of the sea was an impossibility due to the absence of a supra-territorial jurisdiction which could implement such a law. In medieval Europe, trade was the main activity besides warfare and diplomacy which invo...
Imago Temporis: Medium Aevum, 2023
The dynamics between correlation and cooperation of several sources of Law configures the so called juridical medieval pluralism. The jurists formed at the Universities would take us to the realms the debates concerning the renovation of the studies of Roman Law to its private political realities contributing to the construction of a juridical culture substantiated by the Ius Commune. On this process, the valid private Law (Iura propria), would be an object of gradual hierarchization regarding to the principles of validity generally stated by the Royal Court generating pressure and resistance. However, the concept of a genuine landlord would be affirmed as priority entailing the monarchy to the natives of its land and kingdom. An analysis in the line of the History of Law, applied in the mid thirteenth century, in the Portuguese kingdom, through the documentation collated in the Livro das Leis e Posturas in the Siete Partidas and in the historiographic- theorical and juridical outline related to the proposed subject.
Open Library of Humanities 5(1) - Special Collection: New Approaches to Late Medieval Court Records, 2019
Fragmentary, complex and in short supply, medieval Portuguese court records have been largely overlooked by historians, with the result that the judicial and intellectual workings as well as the social dynamics of legal practice in medieval Portugal remain, for the most part, unknown. Drawing on various examples from several cathedral archives in Portugal and interweaving them with royal legislation and ius commune sources, this article contends that, far from merely conveying a disparate array of impressionistic and disconnected glimpses into legal practice, these records are evidence of patterns of legal expertise that can be reconstructed and analysed. It focuses on three such patterns in particular: the exploitation of Romano-canonical procedural law and its flaws; the appeal to the papal curia; and the recourse to authoritative legal counsel abroad. These constants of legal practice not only shaped the experience of the law and litigants’ awareness of legal mechanisms in a fundamental way, but also sparked serious social tensions and provided a rationale for the attempts of Portuguese kings, from the 1280s onwards, to exert a tighter control over the legal process.
Tijdschrift voor Rechtsgeschiedenis 90 (1-2) 2022, p. 270-275
2017
Law has been a primary locus and vehicle of contact across human history—as a system of ideas embodied in people and enacted on bodies; and also as a material, textual, and sensory “thing.” This volume analyzes a variety of legal encounters ranging from South Asia to South and Central America, Africa, the Middle East, and Europe. The seven essays also explore various material expressions of law that reveal the complexity and intensity of cross-cultural contact in this pivotal era. Includes: Jerome A. Offner, "The Future of Aztec Law;" Susan Elizabeth Ramírez, "Land Tenure in Early Colonial Peru: Individualizing the Sapci, "That Which is Common to All;" Habtamu Mengistie Tegegne, "The Edict of King Gälawdéwos Against the Illegal Slave Trade in Christians: Ethiopia, 1548;" Patricia Skinner, 'Mutilation and the Law in Early Medieval Europe and India: A Comparative Study;" Laurel Ann Wilson, 'Common Threads: A Reappraisal of Medieval Europ...
In Jenny Benham, Matthew McHaffie and Helle Vogt (eds.), Law and Language in the Middle Ages. Leiden: Brill, 2018 (Medieval Law and Its Practice, vol. 25), ISBN: 978-90-04-37576-5, p. 128-164.
Formulas are seldom direct citations of legislation or other types of legal texts, but they represent a normative and stereotyped way of stating things. At the same time, they are an important feature of charters, which stem from specific transactions, disputes, etc. In charters recording judicial cases, formulas play an intermediate role between the ‘language of law’ (that of a body of normative texts) and the ‘language of justice’ (that of records describing and legitimizing judicial practice). This paper examines the formulaic structure of pre-1100 Portuguese dispute texts, including both judicial records and charters with indirect references to disputes. It starts with some considerations on the form of dispute records and its implications in terms of formulaic writing, then proceeds to a detailed analysis of formulas and their usage in different types of records, ending with some brief remarks on the language of formulas. An attempt is made to understand (i) how dispute texts were constructed in order to become authoritative records, and (ii) how these texts relate to the workings of judicial practice, which has shaped formulas as much as these have shaped judicial practice itself.
Past & Present, 2019
In the first section, this article introduces the three main litigants of the Pietro v. Franchi hard case, namely Murād Bey, Anton Marco Pietro and Simone Francesco Franchi. Their short biographies provide an account of the Corsican merchant milieu, family ties and networks, and systems of patronage across multiple sites in the western Mediterranean (especially Tunis, northern Corsica and Livorno). The second section investigates the role of written documentation and oral proof in a context of jurisdictional pluralism. One follows the multi-sited hard case in different magistracies and appeals courts, from Tunis to Pisa, focusing on the role of enforcement as a key issue to understanding long-lasting litigation in different jurisdictions. The third section deals with the social uses of law as a constitutive and endogenous dimension of the hard case: emotion, humiliation and anger will take centre stage as a way to analyse the transformation of disputes and the question of legal qualifications. Hostility between litigants reveals mechanisms of political and economic intimidation in order to influence and even corrupt judges. Finally, the fourth section focuses on the translation of Muslim rules of succession between Tunisia and Tuscany: special attention is paid to the role of witnesses and merchants’ knowledge of practices and customs, but also to the vocabulary of religious antagonism as a way to discredit the opposing side.
Oriental Societies and Societal Self-Assertion Associations, Funds and Societies for the Archaeological Exploration of the ‘Ancient Near East’ Edited by Thomas L. Gertzen and Olaf Matthes
Public Administration Review, 2009
Sixteenth Century Journal, forthcoming
Communications biology, 2023
ANTONIO MACHADO, POEMAS DE BAEZA. ANTOLOGÍA (SELECCIÓN, EDICIÓN E INTRODUCCIÓN DE ANTONIO CHICHARRO), Baeza, Ayuntamiento de Baeza, 2023, segunda edición., 2023
VOJTĚCH BAŽANT – JIŘÍ DYNDA – DAVID ŠIMEČEK – MARTIN ŠORM (eds.), Staré baby: Ženy a čas ve středověké Evropě, Praha: Nakladatelství Lidové noviny, 2020. ISBN 978-80-7422-786-8., 2020
Methods in Geochemistry and Geophysics, 2009
Terme Romane e vita quotidiana. Catalogo della mostra , Castiglioncello Palazzo Pasquini, 1987
História Questões & Debates, 2005
Journal of Womens Health, 2003
Política, globalidad y ciudadanía, 2023
Indian Journal of Human Genetics, 2005
Revista Linguagens & Letramentos
Environmental research, 2016
IEEE PES ISGT Europe 2013, 2013
Sixth International …, 2008