Legal Rights in Scotland

2020 ◽  
pp. 417-449
Author(s):  
Kenneth G C Reid
Keyword(s):  
Middle Ages ◽  
Weak Form ◽  
Legal Rights ◽  
Property A ◽  
Dependent Children ◽  
Late Middle Ages ◽  
The Face ◽  
Avoidance Measures ◽  
The Law ◽  
Scottish Government

The rules of mandatory family protection in Scotland date from the late Middle Ages and were a close copy of the rules then (but no longer) in force in England. Originally they comprised two distinct ‘legal rights’ (as they came much later to be known). In the first place, the surviving spouse had a usufruct in the immovable property of the deceased, known as ‘terce’ (for widows) and ‘courtesy’ (for widowers). Courtesy extended to the whole immovable property, terce only to one-third. In the second place, the movable property of the deceased was divided into three equal parts. The surviving spouse had a claim (the ‘relict’s right’ or jus relictae) to one part, and the surviving children to another (‘legitim’). The final one-third (‘dead’s part’) was the testator’s to dispose of in his will. Terce and courtesy were abolished, rather unthinkingly, in 1964. Today, therefore, the surviving spouse and children are protected against disinheritance only in respect of movable property – a weak form of protection made weaker still by the absence of anti-avoidance measures that would prevent testators giving property away during their lifetimes. The law is widely acknowledged to be unsatisfactory, but there is less agreement as to how it should be changed. One view is that legal rights should be extended to immovable property. Another view is that legitim should be replaced by a maintenance claim for dependent children (only). In the face of these competing views, the Scottish Government has recently decided to leave the law unchanged.

scholarly journals “Making the face beautiful”(feature on medieval beauty products)

2020 ◽  
pp. 73-79
Author(s):  
Radivoj Radic
Keyword(s):  
Middle Ages ◽  
Medical Texts ◽  
Medieval Medicine ◽  
15Th Century ◽  
Late Middle Ages ◽  
The Face ◽  
Bad Breath ◽  
Ambivalent Relationship ◽  
The Church ◽  
Beauty Products

In the Middle Ages, people had an ambivalent relationship to the beauty products: some were fully supportive of the attempts to beautify oneself, while the others, first and foremost the representatives of the church, frowned upon this notion. This feature represents a show?case of the advice and recipes for beautification from two medical collections created in the late Middle Ages. These are the Byzantine medical treatise (dating from 11th to 14th century) and the collection of Serbian medieval medicine, the so-called Hodoch Code (dating from the end of the 14th or beginning of the 15th century). The treatise is focusing more on the practical advice than theoretical knowledge, and its greatest part is dedicated to pharmacology. Hodoch Code (Hodoski zbornik) is in fact a therapeutic collection, and it consists of diverse medical texts. These collections contain the advice how to make one?s face white, hair black or blond, but most certainly rich in volume, as well as recipes for treating facial lines, warts, freckles, cracked lips or bad breath.

scholarly journals The Ideals of Renewal of European Spiritual Movements in the Americas

2018 ◽  
Vol 1 (2) ◽  
pp. 21
Author(s):  
Maria Cristina Rios
Keyword(s):  
Political Philosophy ◽  
Middle Ages ◽  
Spiritual Renewal ◽  
Common Life ◽  
Late Middle Ages ◽  
Indigenous Church ◽  
The Common ◽  
The Law

This article aims at revealing the connections between the ideals of renewal contained in the European devotions of the Late Middle Ages and those of the missionaries during the first wave of the Evangelization of Mexico. Inspired by a variety of spiritual movements aimed at building an indigenous church and centred on upholding the Law of Christ, these missionaries concur with both the reformers of the Brethren of the Common Life and Luther’s political philosophy of attaining a perfect communitas. This research focuses on demonstrating how the ideals of spiritual renewal articulated by Franciscan mystics and missionaries in the Americas embraced the same theological sources as those used by Groote, Eckhart and à Kempis in the Late Middle Ages.

scholarly journals Nobility

2015 ◽  
Author(s):  
Violet Soen
Keyword(s):  
Middle Ages ◽  
Methodological Problem ◽  
State Building ◽  
Religious Change ◽  
The Past ◽  
Late Middle Ages ◽  
Social Composition ◽  
The Social ◽  
The Face ◽  
Anthropological Approach

“The” nobility is a slippery fish to catch, especially for the Renaissance and Reformation era, here understood as the two centuries between 1450 and 1650. Historians inevitably face the methodological problem of whether to define “nobility” according to juridical, social or cultural criteria. Over the past decades, they have abandoned a legal and essentialist interpretation in favor of a sociological and anthropological approach. Even if legal, fiscal, and social privileges persisted in “the making of” the nobility during the ancien régime, it is now widely acknowledged that the social composition of the group constantly changed, leading to an immense diversity among its members across Europe and the colonies. Likewise, it is accepted today that both the Renaissance and Reformation profoundly changed the cultural and ideological concept of “nobility” itself. These novel insights replace the older 19th-century paradigm claiming that from the late Middle Ages onward the nobility was in long-lasting crisis, losing its power and status to a rising bourgeoisie. Instead of this linear interpretation, a new consensus emerged around a persistent rise and decline among nobilities (not of the group as such), and their remarkable resilience in the face of state-building, religious change, and economic upheaval between 1450 and 1650.

‘’s Graeflijckheyts spaer-pot met sulck ellendigh in-komen … te verrijcken’

Pro Memorie ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 237-265
Author(s):  
Louis Sicking ◽  
Jan de Klerk
Keyword(s):  
Seventeenth Century ◽  
Interest Groups ◽  
Middle Ages ◽  
Dutch Republic ◽  
Content Type ◽  
Late Middle Ages ◽  
Hugo Grotius ◽  
The Status ◽  
The Law ◽  
Competing Interest

Abstract In the Middle Ages, goods washed up on the beach or fished up from the sea were an important economic asset. The customs and rules that determined the status of these goods are referred to as the ‘law of wreck’ or ‘right of wreck’. Several competing interest groups were involved: the local inhabitants as salvagers, finders or beach combers; merchants, skippers and ship-owners; landowners and the prince. Seventeenth century Dutch lawyers like Hugo Grotius and Johan van Heemskerk painted a favourable picture of the law of wreck in the Dutch Republic by pointing to the greed of the medieval counts of Holland who would only have exploited the misery of castaways. This article shows how the law of wreck developed in Holland and Zeeland in the late Middle Ages and how its rules were applied in the stewardship of North Holland between 1340 and 1400. Although the preserved accounts of the stewardship show that the count did take advantage of washed up goods, the count also had drowned people found on the beach buried and allowed merchants who could prove their goods had washed up on the Dutch beach to recover them.

Conjuring the Body Politic From the Corpus Mysticum: The Post-Independent Pursuit of Public Opinion in Mexico, 1821-1854

1999 ◽  
Vol 55 (3) ◽  
pp. 459-479 ◽  
Author(s):  
Brian F. Connaughton
Keyword(s):  
Public Opinion ◽  
Political Theory ◽  
Middle Ages ◽  
Body Politic ◽  
The Body ◽  
Late Middle Ages ◽  
The People ◽  
Political Office ◽  
The Law ◽  
The Relationship

Political theory, consensus and participation have often had deeply religious motivations and inspirations driving them. And however peculiar to theology the concept of corpus mysticum may seem to us today, it has often been used in association with politics. In the late Middle Ages, the notions of political office as against personalism, continuity of sovereignty in spite of the unexpected and politically perilous deaths of monarchs, unity over factionalism, the relationship between authority and the law, and that between authority and the people, were persuasively addressed through this religious metaphor.

Kant and the Law of War

2021 ◽  
Author(s):  
Arthur Ripstein
Keyword(s):  
Middle Ages ◽  
Moral Philosophy ◽  
Use Of Force ◽  
Proper Place ◽  
The Past ◽  
Late Middle Ages ◽  
Law And Morality ◽  
The Law ◽  
The Right ◽  
Morality Of War

The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant’s moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs the permissible use of force because of war’s distinctive immorality. He characterizes war as barbaric, because in war, might makes right—which side prevails does not depend on who is in the right. The very thing that makes war wrongful also provides the appropriate standard for evaluating the conduct of war, and the only basis for law governing war.

scholarly journals Medieval Empires and the Culture of Competition

2017 ◽  
Author(s):  
Samuel England
Keyword(s):  
Ethnic Groups ◽  
Political Violence ◽  
Middle Ages ◽  
Demographic Change ◽  
The Political ◽  
Its Analysis ◽  
Late Middle Ages ◽  
The Face ◽  
To Come ◽  
Classical Arabic

Medieval Empires and the Culture of Competition shows how the interactive, confrontational practice of courtly arts helped shape imperial thought in the Middle Ages. Its analysis covers Classical Arabic poetry and official prose, Spanish court documents, Galician Portuguese lyric, and Italian narrative works. The historical span is 950-1350 CE. Scholars of premodern cultures have struggled to reconcile the political violence of the late Middle Ages with the cosmopolitanism of that era’s Islamic and Christian empires. This book argues that medieval thinkers’ most pressing cultural challenge was neither to demonize the foreign, “heathen” other, nor to reverse that trend with an ethos of tolerance. Instead it was to make the court appear as robust as possible in the face of major demographic change and regional war. The ritual of artistic contest allowed elites to come to terms with religious and ethnic groups’ rival claims to legitimacy, and to subsume those claims into an overarching courtly ideal.

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