JOURNAL: Právněhistorické studie 52 (2022), nr 2 (OPEN ACCESS)

 

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This volume of Právněhistorické studie contains i.a. these papers:

Lyuba Radulova, Legal Protection Granted to Soldiers’ Partners in the Military Diplomas (https://doi.org/10.14712/2464689X.2022.16)

Abstract:

The paper examines the formulas granting conubium in the military diplomas, focusing on the problem of soldiers’ relationships with women before and after their discharge. Keeping in mind the fact that between Augustus and Septimius Severus a marriage ban was imposed on soldiers in service, the study offers a reconstruction of the way in which soldiers’ de facto unions were viewed by the authorities and analyzes the legal protection against abandonment granted to soldiers’ partners by the imperial constitutions.

Ulrike Müßig, Challenged Universality – Kant and a Citoyenne between Stage and Scaffold (https://doi.org/10.14712/2464689X.2022.19)

Abstract:

The universality of human rights faces the fundamental problem of the nationalized basis of their constitutionalization. Much can be said about the historical struggles to integrate females in the “all men” formulas, but what are the crucial lines of conflict? Historical answers may be found in the Kantian rightful republicanism (rechtlicher Republikanismus), denoting the legitimacy of state political structures by consistency with everyone’s freedom in accordance with universal law. “Rightful” is more precise than “legal”. Kant’s fundamental concept of right – derived from the categorical imperative among equal and free human beings – was “the possibility of [directly] connecting universal reciprocal coercion with the freedom of everyone” (Metaphysik der Sitten, Introduction, § E, 339). Of course, this paper is not so naive to transform Kant into a feminist voice; it draws the attention to the fundamental aspect of constitutional history, how to explain the relationship between the freedom of the individual and the formation of states.

 

Dolores Freda, Women and Parliamentary Divorce in England. From Wife-Sale to the Divorce Act of 1857 (https://doi.org/10.14712/2464689X.2022.20)

Abstract:

The essay is a study of divorce in England in the Modern Period, with particular reference to parliamentary divorce, established since the end of the 17th century. If husbands could get rid of undesired wives through wife-selling, private separation deeds, or separation a mensa et thoro awarded by the ecclesiastical courts, they were not permitted to remarry unless they got a private bill from Parliament. Parliament acted as a real court of justice and, being the procedure extremely long and expensive, parliamentary divorce was in fact a privilege reserved to members of the aristocracy in search of a heir. Only in 1857 the Divorce Act legalized divorce in the country through the establishment of the Court for Divorce and Matrimonial Causes. 

 

For the whole volume see this page.