(image source: FHI)
Pontes de Miranda, a Jurist between Two Dictatorships (1937-1979) (Gustavo Silveira Sigueira & Mayara de Carvalho Siqueira)
DOI 10.26032/fhi-2024-004
Abstract:
Brazil lived through two dictatorships in the 20th century (1937–1945 and 1964–1985), and Pontes de Miranda was one of the most important Brazilian jurists of that period. Based on newspaper articles, documents, and the author’s writings, this paper seeks to understand the relationship between jurists and dictatorships during those years. This paper proposes to reconstruct Pontes de Miranda’s personal thoughts and relate them to each of the dictatorial period’s political regime. The article also aims to help readers understand his opinions both during and after the end of those dictatorships.
Das Handbuch des Römischen Privatrechts (Martin Schermaier)
DOI 10.26032/fhi-2024-003
Abstract:
The publication of the „Handbuch des Römischen Privatrechts“ marks the completion of a grand project. Its sheer size is impressive: The work on this handbook took over ten years, and 65 authors have contributed 112 chapters. These contributions fill more than 3000 pages, and the detailed indexes make up another 600 pages. The volumes obviously contain a great deal of research spirit, knowledge of the sources and countless hours of searching, sorting and writing. But what panorama does the handbook open up, what new insights? What methods do modern Romanists use when researching its sources? What help does the handbook offer for future research? These are some of the questions this essay seeks to answer. Many details, not least the design of the work, show that the ambitions of the editors and authors must have been greater than the result suggests.
Henry Swinburne and Devise of Land: The Textual Evolution of A briefe treatise of Testaments and last Willes and its Reflection on the Law, 1590-1803 (Matthew Cleary)
DOI 10.26032/fhi-2024-001
Abstract:
Henry Swinburne was the first Englishman to write on canon law in English and produce a treatise on testaments and wills, which became the defining jurisprudential source for over two hundred years, from the late sixteenth century to the early nineteenth century. During this period, Swinburne’s treatise was reprinted nine times and received various additions, alterations, and deletions of material. To date, Swinburne’s treatise is often referred to as a singular text rather than a series of versions constantly being adapted to the purposes and characteristics of the times in which they were published. This article provides the first treatment of the textual evolution of Swinburne’s treatise, with particular reference to the section on the devise of land. This article employs a comparative textual analysis of the nine versions of Swinburne’s treatise with brief notes on the devise of land instances in wills and court cases. Further, the current numbering of the editions of Swinburne’s treatise is incorrect, and this article will provide a nuanced treatment of the misconceptions within the common understanding of the documents.
Book reviews
- Stefan Ruppert, Recht hält jung. Zur Entstehung der Jugend aus rechtshistorischer Sicht: Deutschland im langen 19. Jahrhundert (ca. 1800-1919) (Julia Andre Hettihewa)
- Martin Schermaier (ed.), The Position of Roman Slaves: Social Realities and Legal Differences, De Gruyter (=Dependency and Slavery Studies, 6), Berlin-Boston 2023, 240 p., ISBN 978-3-11-099868-9 (Arduino Maiuri)
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