Professor Peter Stein (1926 – 2016)

Many of us in the legal history field will by now have heard the sad news of the passing of Peter Stein this past week.

The Squire Law Library at Cambridge recorded a number of conversations with him about his life and career in the context of their Eminent Scholars Archive.

These may be accessed here:

http://www.squire.law.cam.ac.uk/eminent-scholars-archive/professor-peter-stein

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Max Planck Summer Academy for Legal History 2016

An entry by our guest blogger, Peter Candy.

This year’s summer academy at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt was held on the special theme of ‘multinormativity’. The central idea underpinning this concept is that legal historians should be sensitive to other normative orders besides that of the state when investigating the operation of past legal systems. Multinormativity forms part of the wider methodological framework of ‘global legal history’, which advocates an appreciation of ‘legal spaces’, the different ways of resolving conflict, and processes of ‘translation’ between legal cultures.
The academy was attended by students of a range of disciplines with representatives from Asia, the Americas, and Europe. The teaching consisted of lectures from leading legal historians: among them, Thomas Duve (University of Frankfurt and MPI Director), Wim Decock (KU Leuven), and Michael Stolleis (University of Frankfurt and former MPI Director). Talks on European Union law were also given by two former Jurisconsults of the European Parliament: Gregorio Garzón Clariana and Christian Pennera. Between lectures the students of the academy were invited to present the progress of their own research, with time left each afternoon to access the institute’s library.
Aside from teaching the institute organised excursions, such as a tour of the Campus Westend (now the site of Goethe-Universität). The Campus, which avoided destruction during WWII, was formerly the headquarters of IG Farben – once the fourth largest company in the world and long-time sponsor of the Nazi Party. After the war the buildings were used as a military and administrative base by General Eisenhower and the American armed forces. Students were free to travel at the weekend: Mainz provided a main attraction, including visits to St. Martinus-Dom, the Gutenberg Museum, and the Museum of Ancient Seafaring. In Frankfurt itself there were opportunities to visit the house of Johann Wolfgang von Goethe, as well as the castle at Höchst and the many museums in the city.
Special thanks are to be extended to Dr. Stefanie Rüther and Nicole Pasakarnis for their organisation of the academy, as well as to the Max Planck Institute for its generosity in funding. Students contemplating applications in the future should be encouraged by the opportunity to learn at the leading research institute dedicated to European – and indeed global – legal history.

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New Roman-law journal

Interpretatio Prudentium is a biannual scientific journal with double-blind peer review published by Legal Theory and History – Research Center of the University of Lisbon (THD-ULisboa) promoting scholarly excellence research and a profound knowledge of Roman Jurisprudence and the Roman Legal Tradition while aiming at a critical understanding of contemporary legal phenomena..
The Executive Committee of Interpretatio Prudentium invites the academic community to submit papers (monographs or reviews of recent publications) to be included in its next issue, to be released in December 2016.
The Journal publishes in any neolatine language, english or german. Articles, under 70.000 characters (spaces included), should be submitted for publication along with a summary (c.550 characters) and keywords (3-5), written in the original language of the article and in an additional language. Reviews should be up to 15.000 characters.
Articles should be submitted in Word format to the e-mail interpretatio@fd.ulisboa.pt with carbon copy to the editorial secretary (claudiaeliasduarte@fd.ulisboa.pt). The deadline for the submission of papers is October 7, 2016.
The submitted articles should be sent in Word format to the e-mail interpretatio@fd.ulisboa.pt with carbon copy to the editorial secretary (claudiaeliasduarte@fd.ulisboa.pt). The deadline for the submission of papers is October 7, 2016.
The submitted articles are reviewed by members of the Scientific Committee of Interpretatio Prudentium, the identities of both reviewer and author remaining anonymous throughout the review process.

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EARLY LOUISIANA AND HER SPANISH WORLD: 4 November, 2016

Our colleagues Seán Patrick Donlan of the School of Law of the University of the South Pacific and Vernon Palmer of the Tulane Law School have organised what promises to be an important conference on 4 November 2016, exploring the very significant role that Spain, Spanish culture, Spanish government, and Spanish ultramarine law played in Louisiana. This is a central topic requiring further investigation to help us understand not just the history but also the legal histories of Louisiana, the USA and Spanish colonialism.

In the 1970s, there was a lively debate between Professors Pascal and Batiza over the sources of the Digest of the Civil Laws now in Force in the Territory of Orleans of 1808. The latter showed that the overwhelming majority of the articles originated in French law; the former argued that they were Spanish in origin, if sometimes put in “French dress”. There can now be no doubt that the majority of the articles of the Digest were taken from the Code civil des français and its Projet of 1800; there was not a sustained attempt to embody “Spanish law” in “French dress”. This specific point has been fully explored in your blogger’s work, Codification, Transplants, and Legal History: Law Reform in Louisiana (1808) and Quebec (1866) (Clark, N.J.: Talbot Publishing, 2015), where he shows how and why the redactors used the sources they did. This work resolves the Batiza-Pascal debate. Nonetheless, there was a revival of the Spanish law in the decades following the promulgation of the Digest.

The significance of Spanish law and culture cannot be denied. Under Spain, the colony of Louisiana developed and flourished. The impact of Spanish law and customs and their influence on the law and culture require to be teased out. Of course, important work has already been done. One can point, for example, to the writings of Gilbert C. Din, on, to give two topics, slavery and the Cabildo. Others have also explored various issues. Given current historiography it is no surprise that slavery features in such work on Spanish Louisiana, including as well as the study of Din, a pioneering study by Hans Baade published as long ago as 1983.

The conference will cover: “Lawyers of Early New Orleans” by Kenneth Aslakson (History, Union College); “Spanish Law, Encyclopaedias, and the Digest of 1808” by John W Cairns (Law, Edinburgh); “Through a Glass Darkly: The Minor Judiciary of Feliciana, c1803-1810”, by Seán Patrick Donlan (Law, South Pacific); “‘The Spanish Spirit in This Country’: Newcomers to Louisiana in 1803-1805, and Their Perceptions of the Spanish Regime” by Eberhard (Lo) Faber (Music, Loyola); “A Confusion of Institutions: Spanish Law and Practice in a Franco-phone Colony Louisiana, 1763-c1798” by Paul Hoffman (History (Emeritus), Louisiana State); “A Dark Legacy of Spanish Governance: The Tradition of Extra-Legal Violence in Louisiana’s Florida Parishes” by Samuel C Hyde, Jr (History, Southeastern Louisiana); “The Supreme Court, Florida Land Claims, and Derecho Indiano” by MC Mirow (Law, Florida International); “Allegiance and Privilege: William Panton and the Spanish Realm” by David Narrett (History, Texas at Arlington); “Reclaiming Homes across the Florida Straits” by Susan Richbourg Parker (Former President, St Augustine Historical Society); “The Prosecution of Clement: Slave Violence and Spanish Legal Process in New Orleans, 1777-78” by Jennifer M Spear (History, Simon Fraser University); “Entangled Lives, Entangled Law: Women of Property in early Louisiana” by Sara Brooks Sundberg (History, University of Central Missouri).

It is easy to see the importance of these topics. All are interesting and it is good to note those that link Louisiana with other Spanish colonies and their cultures. There are themes that stand out: slavery, free people of colour, women, violence, links and comparisons. But this is a rich mix of topics that should open up many new avenues of research, creating a picture of a complex society, ethnically diverse, with tensions raising from that diversity as well as from slave-owning and the presence of large numbers of “free people of colour”.

Books croppedDLV 1(Photos courtesy Georgia Chadwick)

For full details of the conference and the papers, click on the link:

Early Louisiana and Her Spanish World – Abstracts (June 2016)

 

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Spatial and Temporal Dimensions for Legal History; Research Experiences and Itineraries

The Max-Planck-Institute for European Legal History continues its series of open access publications dedicated to theoretical issues about global legal history. Its most recent is Massimo Meccarelli, María Julia Solla Sastre (eds) Spatial and Temporal Dimensions for Legal History; Research Experiences and Itineraries available at http://www.rg.mpg.de/publikationen/gplh-6.

There the volume is described thus:

“The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue.

The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component.”

As this second paragraph suggests, there are many interesting individual studies that stand on their own as well as illuminating the themes of the book. Your blogger, for example, found particularly interesting those by Alejandro Agüero, “Local Law and Localization of Law. Hispanic Legal Tradition and Colonial Culture (16th –18th Centuries)” and Laura Beck Varela, “The Diffusion of Law Books in Early Modern Europe: A Methodological Approach”.

As the webpage states:

“As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline.”

spatial

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Research Fellowship Opportunity in European Administrative History

JEV Research Fellowship for European Administrative History 2017

Deadline for applications: September 30th, 2016

The research fellowship is donated by Professor Erk Volkmar Heyen who until his retirement had been holder of the chair of Public Law and European Administrative Law at the Ernst Moritz Arndt University Greifswald. He was also the editor of the “Jahrbuch für europäische Verwaltungsgeschichte/Yearbook of European Administrative History” (JEV). His awarding is based on a selection procedure organized by the MPI.

Applications for the year 2017 can be submitted until September 30th, 2016.

Detailed information are given in the attached PDF document (in English and German language). For further information please contact:

Max-Planck-Institute for European Legal History

PD Dr. Peter Collin

Email: collin@rg.mpg.de

For further details click this link:

JEV-research fellowship 2017-en_dt

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The Bloomberg tablets and Roman law

For those of us interested in the provincial application of Roman law, the discovery and recent publication of the Bloomberg tablets from Roman London provide a veritable treasure trove of new information (Roger Tomlin, Roman London’s First Voices. (MOLA 2016)). Since examples of legal practice are complex and should be weighed against existing doctrinal information, the following is but a brief survey of texts from this collection that, in my view, have implications for our understanding of the provincial application of Roman law. The texts in question are:

• WT 27: a chirograph received by a freedman from a slave;
• WT 29: a letter from a slave to a master about cattle as investment;
• WT 30: a letter about a loan that has seemingly affected someone’s financial reputation;
• WT 35: a note of a deposit (!) using the term arra of 200 denarii.
• WT 44: a written acknowledgement of a debt incurred as a consequence of a sale of goods;
• WT 45: a lex locationis for the transport of goods from St. Albans to London;
• WT 50: a receipt for rent collected by a slave in relation to two farms;
• WT 51: a praeiudicium together with the source of the jurisdictional competence (the Emperor)
• WT 55: some sort of promise (maybe a stipulation?)
• WT 57: a procuratio (with some aspects of legal representation?)
• WT 62: some sort of act that required seven witnesses (maybe a mancipatio?)
• WT 70: an account listing amounts of money lent to slaves.

Exciting work remains to be done on these tablets, most of which are only fragmentary, since they will reveal much more about the provincial application of Roman law prior to 212 AD. I hope that scholars will take up the call to look at these tablets with great care.

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Conference: Living with the Law, St Andrews, 27-29 June

Over 27-29 June, the Institute of Legal and Constitutional Research at the University of St Andrews hosted a conference entitled “Living with the Law: Society and Legal Disputes, c. 1200-1700”.

photo 4IMG_0759

Over these days an excellent conference unfolded, leading to interesting discussions and developing new relationships. Ably organised by two research students at St Andrews, (now Dr) Will Eves and Sarah White, the conference explored the theme through a number of papers by research students, early career researchers, and established and senior scholars, with plenary lectures by Dr Paul Brand (“The Law and Social Mobility in Thirteenth-Century England: The Case of the Weyland Family”) and Professor Sir John Baker (“1616: ‘A Year Consecrate to Justice'”). As ever, such a mixture of junior and senior researchers proved very fruitful. Panels covered “The Manipulation of Legal Process in High Medieval Europe” (Felicity Hill, Kenneth Duggan, and Cory Hitt, chaired by William Ian Miller), “Legal Interpretation and Theory” (Danica Summerlin, Joanna McCunn, and Lorenzo Moniscalco, chaired by Emanuele Conte), “Edinburgh Law Session” (Hector MacQueen and John W. Cairns, chaired by Colin Kidd), “Law and Legal Practice in Early Modern Europe” (Kelsey Jackson-Williams, Julia Kelso, and Saskia Limbach, chaired by Magnus Ryan), “Lordship, Loyalty and the Law” (Matt McHaffie and Josh Hey, chaired by George Garnett). John Hudson, William Ian Miller, and Magnus Ryan led a roundtable discussion, followed by a closing summary by Caroline Humfress.

The conference explored themes of historiography, law and history, with an especially rich medieval focus, covering common law and ius commune. Especially strong was the intellectual theme of how individuals used law to achieve specific ends.

As well as dinner at the Byre Theatre, the conference included a chance to see the Marchmont MS of Regiam Majestatem recently acquired by St Andrews, and some other treasures and interesting items from Special Collections.

IMG_0927 Marchmont Regiam

IMG_0928 A lawyer’s bills

IMG_0925 Inventory of Books of William Skene, including Humanist volumes

 

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International Workshop: Roman Court Proceedings July 14-16, 2016 University of Vienna

Our colleagues in Vienna have just released details of this very interesting workshop.

PROGRAM

Thursday, July 14, 2016

9:00
Bernhard Palme (Universität Wien, Wiener Papyrussammlung)
Welcome and Introduction: FWF Project on Roman Court Proceedings in Papyri

9:15-10:00
Anna Dolganov (Österreichische Akademie der Wissenschaften)
Court Proceedings in Papyri: an Overview of the Roman-Period Material

10:00-10:45
Dennis Kehoe (Tulane University)
Access to Legal Institutions and the Rule of Law in the Roman Empire

10:45-11:15
coffee

11:15-12:00
Claudia Kreuzsaler (Österreichische Nationalbibliothek)
Ad fontes! Textkritisches zum Rechtsstreit des Satabus vs. Nestnephis

12:00-12:45
Project Presentation 1 (Anna Dolganov, ÖAW)
Acta and Archives: the Making, Storage and Retrieval of Records

12:45-14:30
lunch

14:30-15:15
Project Presentation 2 (Anna Dolganov, ÖAW)
Acta and the Legal Profession: Different Types of “Lawyers” and their Activity

15:15-16:00
Dario Mantovani (Università di Pavia, ERC Project: REDHIS)
Il Progetto REDHIS e un Testimone Inedito dei Manualia di Paolo (P. Vindob. 124)

16:00-16:30
coffee

16:30-17:15
Marco Fressura (Università di Pavia, REDHIS)
Per una Tipologia dei Marginalia nei Papiri Giurisprudenziali

17:15-18:00
Clifford Ando (University of Chicago)
Proceedings in Church Councils

18:00
Concluding Discussion

Friday, July 15, 2016

9:00-9:45
Éva Jakab (Szeged University)
Ius proprium: the Choice of Law in Roman Egypt

9:45-10:30
Project Presentation 3 (Anna Dolganov, ÖAW)
Acta and the Development of the Law: Judicial Precedents

10:30-11:00
coffee

11:00-11:45
Georgy Kantor (Oxford University)
Acta of Polycarp and Pionios

11:45-12:30
Ari Bryen (Vanderbilt University)
Monologues and Dialogues: Some Considerations on “Reading” Criminal Trials

12:30-13:00
Source Discussion:
Court Proceedings as a Literary Genre: Acta Martyrum, Acta Alexandrinorum and other Paraliterary Texts

13:00-14:30
lunch

14:30-15:15
Project Presentation 4 (Anna Dolganov, ÖAW)
Imperial Pronouncements and Proceedings Before the Emperor

15:15-16:00
Serena Ammirati (Università di Pavia, REDHIS)
Un Frammento Inedito di Costituzioni Imperiali da Vienna (P. Vindob. L 128)

16:00-16:30
coffee

16:30-17:15
Bernhard Palme (Universität Wien, Wiener Papyrussammlung)
Bilingual Court Proceedings in Papyri: an Overview of the Late-Roman Material

17:15-18:00
Wolfgang Kaiser (Universität Freiburg am Breisgau)
Zur Intitulatio und Invocatio in der Spätantike

18:00-18:30
Project Presentation 5 (Bernhard Palme)
The Courts are No More? The Disappearance of Proceedings from the Papyrological Record

18:30
Concluding Discussion

Saturday, July 16, 2016

9:30-10:30
Plenary Discussion:
The Development of a Network for the Study of Law and Legal Culture in the Roman Empire

10:30-11:00
coffee

11:00-12:30
Anna Dolganov (ÖAW), Bernhard Palme (Universität Wien, Wiener Papyrussammlung)
Presentation of Unpublished Material

Conclusion

Posted in Greek law, Legal History, Roman Law | 2 Comments

W. David H. Sellar, Honorary Degree

On Wednesday 23 June, the University of Glasgow, in the magnificent surroundings of the Bute Hall, conferred the honorary degree of Doctor of Laws on William David Hamilton Sellar M.V.O., former Lord Lyon King of Arms, sometime Senior Lecturer in the University of Edinburgh, and prominent legal historian. David Sellar has exerted great influence over the development of Scottish legal history, not only through his own work, but through his stimulation and encouragement of the work of others. He supported interdisciplinary work and brought a modern spirit to the study of the history of Scots law, placing it in a European context, and stressing the significance of culture and history. There can be no doubt but that David’s work helped create the current flourishing position of legal history in Scotland.

The laureation address was given by Professor Mark Godfrey, who outlined some of the highlights of David Sellar’s career, and stressed the significance of his work and its developments. Closer to home, David was Founding Director of our Centre for Legal History.

DSC_0140

David Sellar, Professor Ernest Metzger, and Professor John Finlay: a trio of distinguished legal historians, photographed by a fourth, Professor Mark Godfrey. Below, the Bute Hall before the ceremony, with doctorandus honoris causa Sellar already on the platform (Click either to enlarge (both courtesy of Professor Mark Godfrey).)

Bute Hall prior to WDHS graduation ceremony

 

For more photos, please go to:

David Sellar: Honorary LLD

Professor Godfrey’s address can be read by clicking on the link below:

David Sellar Law Graduation Oration 23 June 2016

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