340 Recht
Refine
Year of publication
Document Type
- Article (224)
- Working Paper (164)
- Conference Proceeding (104)
- Review (39)
- Part of a Book (15)
- Book (12)
- Doctoral Thesis (12)
- Report (10)
- Part of Periodical (9)
- Preprint (3)
Language
- English (594) (remove)
Has Fulltext
- yes (594) (remove)
Is part of the Bibliography
- no (594)
Keywords
- global justice (16)
- Deutschland (14)
- European Union (11)
- climate change (11)
- human rights (11)
- Democracy (10)
- Internet (8)
- justice (8)
- Corporate Governance (7)
- Law (7)
Institute
- Rechtswissenschaft (368)
- Gesellschaftswissenschaften (131)
- Wirtschaftswissenschaften (62)
- Sustainable Architecture for Finance in Europe (SAFE) (57)
- House of Finance (HoF) (50)
- Foundation of Law and Finance (47)
- Center for Financial Studies (CFS) (44)
- Exzellenzcluster Die Herausbildung normativer Ordnungen (41)
- Institute for Law and Finance (ILF) (12)
- LOEWE-Schwerpunkt Außergerichtliche und gerichtliche Konfliktlösung (10)
During the late Middle Ages, the subject of Berman’s focus, the West, equalled a Europe whose overseas expansion had not yet begun. This recalls the "Europe of legal historians" as their attempt, efficiently caricatured by Dieter Simon, to determine the borders of the continent on the basis of a medieval state of affairs. Such a historical justification of geopolitical concepts is risky, but nonetheless common. In the Middle East, the borders of Biblical regions legitimize present or future frontiers. Berman shared the usual ideas of legal history as regards the modern being nothing else than a protraction or renewal of the old, when he identified the papal revolution of 1075 as the factor having durably impregnated western legal culture. ...
The question of Russia’s European identity has traditionally been controversial. Usually, the country is either defined as belonging to Eastern Europe in a narrower sense or, contrarily, totally excluded from the concept of Europe. From the times of Czar Peter the Great (1689–1725), Russia acquired the unquestioned status of a European power; however, despite the "enlightened" reforms of Empress Catherine the Great (1762–1796), its society remained feudal, its economy backward and its government autocratic. Right up until its collapse, the Russian Empire was decidedly less urbanized and less advanced in agriculture in comparison not only with the West but also with East-Central Europe. ...
The article presents a brief overview of research and publication in the history of international law in Europe today. The upsurge of interest in historical studies is traced back to a sense of present transformation, with historical studies seeking to explore both aspects of continuity and change in the international legal system. The article outlines three tasks for the discipline in the future: to begin work for international law’s Ideengeschichte, to focus on the relationship between the West and its "Other", and to undertake studies in the historical sociology of international law.
In The Gentle Civilizer of Nations, I suggested that international law began in the 1860’s as part of liberal entrenchment in Europe as the clouds of nationalism, racism and socialism were rising in the political horizon. It began as a project of practicalmen, attorneys and lawyers active in politics and parliament, and not out of philosophical contemplation or system-construction. University professors were involved, but these were professors of something that was seen more as a craft than a science. What they aimed at was to "civilize" the behaviour of their nations, but also the colonies, and to do this by coordinating liberal legislative reform in Europe, by supporting formal empire in the colonies, and by doing all this as part of a set of cosmopolitan legal projects they grouped into their "international law" (Droit international, diritto internazionale, Völkerrecht). ...
How to write (international) legal histories that would be true to their protagonists while simultaneously relevant to present audiences? Most of us would also want to write "critically" – that is to say, at least by aiming to avoid Eurocentrism, hagiography and commitment to an altogether old-fashioned view of international law as an instrument of progress. Hence we write today our histories "in context". But this cannot be all. Framing the relevant "context" is only possible by drawing upon more or less conscious jurisprudential and political preferences. Should attention be focused on academic debates, military power, class structures or assumptions about the longue durée? Such choices determine for us what we think of as relevant "contexts", and engage us as participants in large conversations about law and power that are not only about what once "was" but also what there will be in the future.
Law is force of order. It reacts, usually with a necessary time delay, to technological pro-gress. Only twelve years after Samuel Morse presented the first workable telegraph sys-tem in New York in 1838 and six years after the first completed telegraph line from Wash-ington to Baltimore, central European states agreed on an international framework for tel-egraphs. It has been much more than twelve years since the technologies underlying the internet’s popularity today, such as the ‘World Wide Web’, were invented. No international framework has emerged, even though normative approaches abound. There are norms that are applied to the internet, but the recognition of the existence of an underlying, structuring order is missing. This motivates the present study.
This article focuses on the ius theutonicum Magdeburgense, its meaning and functions, attempting to understand what ius theutonicum meant for contemporaries. It starts with the present interpretation of the term. This is followed by a detailed analysis of the available medieval privileges for Magdeburg law issued for towns in Galician Rus’. The result was not an identification or "reconstruction" of a particular "law" or combination of different "laws" adopted in town courts of Galician Rus’ under the term ius theutonicum. It was rather the recognition that the notion called ius theutonicum in medieval documents was an adaptable pattern applicable to different conditions, a model with many variants or a general set of principles which was filled with real content and adapted to concrete circumstances.
This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«), a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.
"Every time a society finds itself in crisis it instinctively turns its eyes towards its origins and looks there for a sign." With this citation from Octavio Paz, the 1990 Nobel Prize winner in literature, Berman concluded his Law and Revolution: The Formation of the Western Legal Tradition in 1983. There is a sense in which, thirty years later, this quote remains utterly appropriate, certainly at the beginning of a re-assessment of Berman’s thoughts on the particular topic of the religious origins of modern commercial and financial institutions. Five years on from the start of the financial crisis, triggered by the collapse of Lehman Brothers on 15 September 2008, it is worthwhile recalling, perhaps, that the sign perceived by Berman in the history of mercantile law was a sign that pointed towards the fundamental interconnectedness of belief systems and business. Berman was profoundly convinced of the vital, historical link between religion, trust, and economic prosperity. ...
Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575), a major theologian from the School of Salamanca. His treatise on trade and contracts (1571) contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the "collaborative form of legal pluralism" typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.