Articles
Early modern comparative contract law (Piotr Alexandrowicz)
DOI 10.1080/2049677X.2024.2349850
Abstract:
Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici (‘differences between civil and canon law’). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws.
Parallels and patterns in the Italian (1901) and Hungarian (1903) legislation on migration (Balázs Pálvölgyi) [OPEN ACCESS]
DOI 10.1080/2049677X.2024.2349852
Abstract:
The second half of the nineteenth century was an era of mass labour migration in Europe, when the Atlantic route became of paramount importance alongside intra-continental mobility. From the last third of the century Italy and Hungary were among the most important emigrating countries. By this time changes in the regulation of migration had begun to take place with the development of stronger state control, which affected mobility and the relationship between emigrants and transporters. The question also arose as to whether and how the large emigrating states could ensure the loyalty of their emigrant citizens and control them en route and in the destination states. The regulatory process which began in the 1880s gradually moved from an administrative approach to the development of more comprehensive legal sources covering more and more aspects of emigration with the Hungarian government making use of foreign solutions, particularly the Italian Emigration Act of 1901.
Comparative nomogenetics: revisiting Wigmore’s oriental(ist) encounter and the taxonomy of his approach to global legal history (by Morad El Kadmiri) (OPEN ACCESS)
DOI 10.1080/2049677X.2024.2349851
Abstract:
John Henry Wigmore’s life experience as a Westerniser teaching Anglo-American Law in Japan from 1889 to 1892 is an example of legal orientalism. Engaging in the historical study of Japanese law despite diverging cultural paradigms between East and West paradoxically revealed striking similarities leading to the publication of the Materials for Study of Private Law in Old Japan in 1892. More than three decades after his return from Tokyo sparking a lasting fascination for foreign and comparative law, Wigmore published in 1928 A Panorama of the World’s Legal Systems. This case study offers insights on the relationship between legal history and comparative law that these publications respectively represent. The imprecise classification of A Panorama at a time when comparative law was at its infancy stage requires identifying a relevant taxonomy. Wigmore’s legacy is revisited with a focus on both its historical and comparative dimensions.
Book review essay
Three takes on comparative constitutional history (Ran Hirsch & Nicholas Slawnych)
DOI 10.1080/2049677X.2024.2349853
Abstract:
A review of The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World, by Linda Colley, New York, Liveright, 2021, 512 pp, $19.95 (pbk), ISBN 978-0871403162; Modern Constitutionalism: Origin and Manifestations. England – North America – France – Germany – Europe/European Union – Latin America, by Horst Dippel, Clark, Talbot Publishing, 2 vols, 2022, xxii + 546, x +547-1177 pp, $295.00 (hbk), ISBN 978-1616196769; The Story of Constitutions: Discovering the We in Us, by Wim Voermans, translated by Brendan Monaghan, Cambridge, Cambridge University Press, 2023, 388 pp, £22.99 (pbk), ISBN 978-1009385046 [published originally in Dutch as Wim Voermans, Het verhaal van de grondwet: zoeken naar wij, Amsterdam, Prometheus, 2019, 512 pp, €34.99 (hbk), ISBN 978-9044640014]
Book reviews
- Arbeit und Familie in Nordwesteuropa im Spätmittelalter und in der Frühen Neuzeit / Travail et famille en Europe du Nord-Ouest au bas Moyen Âge et à l’époque moderne edited by Audrey Dauchy and Laila Scheuch, Frankfurt am Main, Vittorio Klostermann, 2023, 213 pp., € 69.00 (pbk), ISBN 978-3-465-04602-8) (Anna Bellavitis & Siglinde Clementi)
DOI 10.1080/2049677X.2024.2349856 - Intervention and state sovereignty in Central Europe, 1500–1780 by Patrick Milton, Oxford, Oxford University Press, 2022, 320 pp., £ 90,00 (hbk), ISBN 978-0192871183 (Stephan Wendehorst)
DOI 10.1080/2049677X.2024.2349846 - Le danze di Clio e Astrea. Fondamenti storici del diritto europeo by Aldo Andrea Cassi, Romano Ferrari Zumbini, Michele Rosboch, Giuseppe Speciale, Chiara Valsecchi, edited by Aldo Andrea Cassi, multimedia project by Alan Sandonà, Turin, Giappichelli, 2023, XVI + 558 pp, 49€, ISBN/EAN 979-12-211-0066-2 (Dante Fedele)
DOI 10.1080/2049677X.2024.2349848 - The jury: a very short introduction by Renée Lettow Lerner, New York, Oxford University Press, 2023, 160 pp., £8.99 (pbk), ISBN 978-0-190-92391-4 (Sylvain Soleil)
DOI 10.1080/2049677X.2024.2349855 - The ideal river: how control of nature shaped the international order by Joanne Yao, Manchester, Manchester University Press, 2022, 264 pp, £85.00 (hbk), ISBN 978-1526154385 (Jan-Henrik Meyer)
DOI 10.1080/2049677X.2024.2349847 - We, the King. Creating royal legislation in the sixteenth century Spanish New World (by Adrian Masters, Cambridge, Cambridge University Press, 2023, 342 pp., $110 (hbk), ISBN 978-1009315418) (Alejandro Agüero)
DOI 10.1080/2049677X.2024.2349857
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