scholarly journals Making things new: Invention privileges and the configuration of priority

2018 ◽  
Vol 57 (1) ◽  
pp. 81-96
Author(s):  
Marius Buning
Keyword(s):  
Early Modern ◽  
Subject Matter ◽  
Dutch Republic ◽  
Modern System ◽  
Web Of Knowledge ◽  
The Law

It was because of the early modern system of invention privileges that questions concerning inventorship became a recurrent subject matter of legal dispute. This essay focuses mainly on the details of one such dispute, namely the 1597 case litigated in the Dutch Republic between Jacob Floris van Langren (ca. 1525–1610) and Jodocus Hondius Sr. (1563–1612). The essay assesses how the law shaped, challenged, and constrained claims to innovation, pushing the argument that it was because of the privilege system that the borders between imitation and novelty became ever more clearly defined. The case study thus illustrates how the law functioned as a technology ordering a complex web of knowledge and status claims.

scholarly journals ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ

2017 ◽  
Vol 16 (4) ◽  
pp. 59
Author(s):  
Karol Łopatecki
Keyword(s):  
Real Estate ◽  
Early Modern ◽  
17Th Century ◽  
Military Operations ◽  
Law Of War ◽  
Legal Situation ◽  
The Law ◽  
Grand Duchy

Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.

Portuguese Jews in Amsterdam: An Insight on Entrepreneurial Behaviour in the Dutch Republic

2008 ◽  
pp. 15-32
Author(s):  
Cátia Antunes
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Business Strategies ◽  
Social Boundaries ◽  
Dutch Republic ◽  
Trade Routes ◽  
Entrepreneurial Behaviour ◽  
History Of ◽  
Definition Of

This chapter provides a case study of the entrepreneurship of Portuguese Jewish merchants in the Dutch Republic in the Early Modern period. Though similar case studies exist, none have focused specifically on Jewish entrepreneurs. The core aim is to determine which business strategies and values the Jewish entrepreneurs shared with their Dutch counterparts. It provides a history of the Portuguese Jewish community in Amsterdam, followed by a definition of the early modern entrepreneur. It then examines the trade routes, products, range of trading capital, and social networks of the Portuguese Jewish entrepreneurs, and concludes that Portuguese Jewish and Dutch merchants operated their businesses in similar ways, but Portuguese Jewish merchants were willing to step out of their religious and social boundaries in pursuit of a stronger economic position and were able to do so through financial support gained by dealing in diverse, high quality trade.

Corruption and Capability in the Dutch Republic: The Case of Lodewijk Huygens (1676)

Public Voices ◽  
2016 ◽  
Vol 10 (2) ◽  
pp. 7 ◽  
Author(s):  
Michel P. Hoenderboom ◽  
Toon Kerkhoff
Keyword(s):  
Early Modern ◽  
Conceptual Framework ◽  
Historical Context ◽  
Shop Floor ◽  
Public Official ◽  
Dutch Republic ◽  
Political Arena ◽  
Legal Standards ◽  
The Everyday

This article presents and exemplifies an approach to the problem of revealing values related to capability in actual historical context. First, a conceptual framework is discussed that allows us to identify values underlying capability. Second, a case study is used to exemplify the conceptual framework and to locate values associated with capability in early modern public office. The case study on the (in)capability of Lodewijk Huygens (1631 – 1699), sheriff of Gorinchem between 1672 and 1684, shows what was considered (un)acceptable, (un)wanted and (in)tolerable behavior for a typical high-ranking seventeenthcentury public official in the Dutch Republic. The Huygens case teaches us that capability mainly consisted of adhering to the everyday rules of conduct among officials on the “shop-floor.” Formal legal standards and public opinion were of limited practical relevance. A capable magistrate should at least maintain harmony and balance on the practical side of the political arena.

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

THE CHANGING OF SANTRI’s PREFERENCE TOWARDS STUDIES AND PROFESSIONS: A Case Study at Pondok Pesantren Alhikmah 2 Brebes, Central Java

Al-Qalam ◽  
2017 ◽  
Vol 23 (2) ◽  
Author(s):  
Hayyadin Ode
Keyword(s):  
Subject Matter ◽  
Central Java ◽  
Religious Subject

<p>This research aimed to figure out the santri’s preference toward studies and professions in which conduct study at pesantren. Common perceived and stated also at Government Ordinancenumber 55, 2007, that pesantren purposes was to reproduce Islamic scholar (ulama). However, through this study, it proved that not all santri wanted to be ulama, most of them wanted to be a scientist. This study was a case study, conducted in 2015 at Pesantren Alhikmah2 Brebes. Data collected using questionnaire, interview, and document. Those all derived from santris, Kyais, and teachers (asatidz). The research concluded as showed from questionnaire that santri’s  preferences toward study has gotten  changing to general subject matters instead of religious subject matters; and the santri’s professions and jobspreference has gotten changing to the jobs and professions that based on general subject matter, instead of choose to be ulama (Islamic scholar) most of santri wanted to be scientists, or researchers, or doctors as well as athlete.</p>

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