scholarly journals Kolegium Rewizyjne (Revision-Collegium) w Napoleońskim Wolnym Mieście Gdańsku (1807–1814). Geneza, struktura i przebieg postępowania odwoławczego w rozwoju historyczno-prawnym

2018 ◽  
Vol 69 (1) ◽  
pp. 21-48
Author(s):  
Tadeusz Maciejewski ◽  
Cezary Wołodkowicz
Keyword(s):  
Organizational Structure ◽  
18Th Century ◽  
Final Decision ◽  
Criminal Cases ◽  
Legal Cases ◽  
History Of ◽  
The Law ◽  
Napoleonic Era ◽  
Appeal Process ◽  
Free City Of Danzig

The article presents the rules of appeal proceedings in civil and criminal cases in the Napoleonic Free City of Danzig. The appeals took place before the Revision Commissions which were appointed for civil cases in October 1809 a nd for criminal cases in February 1810. Furthermore, the paper delineates their organizational structure as well as the method of making the final decision (rejecting or accepting the Commission’s decision). The contents of this article were based on the rules and regulations which governed the Commissions which hitherto were not used in research. Moreover, the judiciary and the appeals systems were described in the projects of the constitution of the Free City of Danzig (Danzig Senate from 1807, a project by the mayor of Danzig – Gottlieb Hufeland, as well as a project by the French resident Nicolas Massias). However, these plans were not introduced but they were substituted by the rules and regulations of the Revision Commissions. This serves as an illustration of the French influence on the law in Danzig in the Napoleonic era of the Free City. Also the appeal process in the Napoleonic Free City of Danzig was presented against the backdrop of the general history of appeals in the course of legal cases before the judiciary in Danzig. This facilitates the observation of the changes which took place in the course of legal cases throughout history. In particular, it helps in the observations made at the turn of the 18th century as it was the period when the law transformed from Feudalism to Bourgeoisie.

scholarly journals Litigious Paranoia: Sense of Justice, Bureaucracy, and Media

Administory ◽  
2018 ◽  
Vol 3 (1) ◽  
pp. 201-217
Author(s):  
Rupert Gaderer
Keyword(s):  
18Th Century ◽  
Civil Servants ◽  
Legal Cases ◽  
History Of ◽  
The Law ◽  
Sense Of Justice

Abstract At the end of the 18th century, reports were made of unusual and curious legal cases in which the plaintiffs were moved by a self-destructive obsession. These excessive desires expressed themselves in the fact that these people were involved in countless lawsuits and vied in vain for their rights in court. These plaintiffs were people who studied the law obsessively, meticulously filed suit after suit, and continuously troubled civil servants with unjustified legal demands. The Prussian bureaucracy gave these plaintiffs a name: ›Querulanten‹ (from Latin: queri, to complain). This paper deals with the history of these troublemakers, and more particularly, with the goal of understanding the source, development, and the continuing existence of querulency as a connection between media, knowledge, and emotions.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

Ostraka and the Law of Ostracism—Some Possibilities and Assumptions

1959 ◽  
Vol 79 ◽  
pp. 69-79 ◽  
Author(s):  
A. R. Hands
Keyword(s):  
Final Decision ◽  
Documentary Evidence ◽  
History Of ◽  
The Law

In his History of the Athenian Constitution (Oxford, 1952, pp. 159 ff.) Mr. Hignett rejected Aristotle's attribution of the law of ostracism to Kleisthenes and this rejection met with approval from R. J. Hopper in a review of his book in JHS lxxvi (1956) 141. In preferring a later date for the law, Androtion's date—or what is supposed to be Androtion's date, for without the full context of Harpokration's quotation we cannot be sure that the τότε πρῶτον of that passage is so precise in its reference as to imply a date significantly later than Aristotle's—Mr. Hignett relies mainly on the well-established argument (which he imagines may well have been Androtion's also) that ‘the authors of such a law cannot have intended to let it remain a dead letter … it must have been passed not long before its first application’ (p. 164). Indeed, this must be regarded as his only decisive (so intended) argument, for, as far as sources are concerned, he states ‘the Atthidographers … had no documentary evidence for the date of the law’ and ‘the different dates given by different writers are all due to conjecture’ (p. 160). Here he has the agreement of Jacoby, who says in FGH iii(b) (1954) 121 ‘there was as little documentary evidence for the introduction of ostracism as for the Seisachtheia’ (i.e. none at all), but the latter's conclusion is more cautious—‘our tradition does not allow of making a final decision between the dates of Androtion and Aristotle’ (p. 124).Our purpose in this paper is, first, to re-examine the historical (and even merely logical) possibilities in this question and to suggest that the more cautious conclusion is the proper one in the light of these possibilities; and, secondly, to review certain other conclusions, based on archaeological as well as literary evidence, arrived at by recent writers regarding the actual history of the institution, in order to see whether some of these too would not need to be more cautiously stated if all the possibilities were taken into account.

scholarly journals John James Meikle and the Problem of the Wrongly Convicted: An Enquiry into the History of Criminal Appeals in New Zealand

2010 ◽  
Vol 41 (3) ◽  
pp. 519 ◽  
Author(s):  
Jeremy Finn
Keyword(s):  
New Zealand ◽  
Royal Commission ◽  
Criminal Cases ◽  
Reform Legislation ◽  
Period 1880 ◽  
History Of ◽  
The Subject ◽  
The Law

This article investigates the development of the law governing of appeals in criminal cases in New Zealand, and the substantial though neglected history of agitation for recourse for the wrongly convicted. It uses as a lens the story of John James Meikle, a farmer convicted of sheep stealing in 1887, who later successfully prosecuted the principal prosecution witness for perjury, successfully petitioned Parliament for compensation, was the subject of a Royal Commission into his conviction and, uniquely, was declared innocent by an Act of Parliament in 1908. Meikle's case was one of several highly publicised cases in the period 1880-1910 which demonstrated serious shortcomings in the law and led to parliamentary and public calls for reform. By 1910, calls for enactment of legislation on the lines of the Court of Criminal Appeal (established 1907) received wide supporting in parliament and from the judiciary. The article concludes by looking at the reasons why, despite this level of consensus, reform legislation was delayed until 1945. 

WAS TRADITIONAL CHINESE LAW A MERE “MODEL”? PART TWO

2004 ◽  
Vol 1 (2) ◽  
pp. 297-322 ◽  
Author(s):  
Shigeo Nakamura
Keyword(s):  
Qing Dynasty ◽  
Future Research ◽  
Criminal Cases ◽  
Common People ◽  
Legal Cases ◽  
Individual Basis ◽  
The Qing Dynasty ◽  
Chinese Law ◽  
The Law ◽  
Civil Cases

Inside and outside China, it has been widely believed that in premodern China common people did not bring civil cases to magistrate's courts but settled them at the level of their clan, village or guild. However, David C. Buxbaum's research based on the Dan-Xin Archive and Shiga Shu¯zo¯'s study of legal memoranda show that people quite regularly turned to the magistrate's court to resolve civil disputes. During the Qing dynasty, legal cases were divided, not in civil or criminal terms, but according to how serious the offence was. The less-serious offences were civil cases that included disputes concerning marriage and inheritance, land and property, money and loans, and minor battery. Whereas the latter category, criminal cases in today's terms, were handled with the intention of maintaining legal stability, magistrates involved with civil cases tried to strike a reasonable balance by examining each case on an individual basis. However, how the law was applied to civil cases remains a subject for future research.

scholarly journals Criminal cases of local residents of Komi region accused of insulting the royal family (Based on SARF's materials)

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Roman Osipov
Keyword(s):  
Criminal Responsibility ◽  
Penal Code ◽  
Royal Family ◽  
Criminal Cases ◽  
History Of ◽  
Local Residents ◽  
The Law ◽  
Family Based

The article deals with "The Penal Code – the first сriminal сode in the history of Russia, provided the criminal responsibility for insulting the ruling dynasty (article 246). The criminal cases of the residents of Komi region (namely Ust–Sysolsky Uyezd), who broke the law in the above-mentioned article are anylized in this article. This article based on SARF’s materials.

scholarly journals Pomiędzy filozofią a nauką – rozważania o francuskich korzeniach wiedzy o polityce na Akademii Krakowskiej w dobie reform kołłątajowskich

Politeja ◽  
2020 ◽  
Vol 17 (1(64)) ◽  
pp. 179-203
Author(s):  
Bartosz Włodarski
Keyword(s):  
Political Science ◽  
18Th Century ◽  
The Political ◽  
Theoretical Base ◽  
Law Of Nature ◽  
Political Sciences ◽  
Law Faculty ◽  
Law Of Nations ◽  
History Of ◽  
The Law

Between Philosophy and Science – Reflections on the French Roots of Political Science at the Cracovian University in the Era of Kołłątaj’s Reforms This paper aims to present the history of the political sciences at the Academy of Cracow during its reorganisation by Hugo Kołłataj in the 18th century. Kołłątaj and other patriots – professors and representatives of the law faculty, precursors of French physiocratic political doctrine in Poland – established „The Chair of the Law of Nature, Economical and Political Law and Law of Nations”. It was the institutional and theoretical base for all political sciences at that time. The plan of developing this particular branch of science was put into practice by Antoni Popławski – great philosopher, reformer and the author of the first book on physiocracy in Poland inspired by dr. Quesnay’s doctrine. The article also presents the origin of the 20th century’s modern political sciences rooted in the knowledge of the 18th Central Crown School – at present known as the Jagiellonian University.

The Happy State of the Modern Law Student

1927 ◽  
Vol 3 (1) ◽  
pp. 24-30
Author(s):  
Justice MacKinnon
Keyword(s):  
Life History ◽  
18Th Century ◽  
Law Students ◽  
Inns Of Court ◽  
History Of ◽  
The Law ◽  
To Come ◽  
Law Student

The title which I suggested for this address was prompted by some enquiries which I had recently been making into the history of my Inn—which you will forgive me for regarding as the best of the Inns of Court—the Inner Temple. In its records I had been struck with the contrast that was apparent between the life of the law student as there depicted and that of the law student of to-day. I think that in the old times for a man to come to Oxford or Cambridge, before going to London and becoming either a barrister or a solicitor, was very much less common than it is to-day. A certain number of law students no doubt went first to Oxford or Cambridge, but few of them seem to have taken a degree. I had occasion to look into the life history of seven or eight barristers at the end of the 18th century, and I found that each of them was a member of a college, either here or at Oxford, but only two of them took a degree. In those times it was much commoner for a man to spend a year or two, either here or at Oxford, and then to go on to London. The poorer ones, I think, went first to an Inn of Chancery, of which there were about ten attached to the various Inns of Court. The Inner Temple had four of the attached to it—Clement's Inn, Clifford's Inn, New Inn, and Lyon's Inn.

scholarly journals ILLICIT JUSTICE: Aspirational-Strategic Subjects and the Political Economy of Domestic Violence Law in India

2019 ◽  
Vol 44 (2) ◽  
pp. 444-467 ◽  
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Domestic Violence ◽  
Political Economy ◽  
Institutional Environment ◽  
Legal Rights ◽  
The Political ◽  
Criminal Cases ◽  
Legal Cases ◽  
Legal Procedure ◽  
Legal Rules ◽  
The Law

Criminal cases against domestic violence in India frequently result in unlawful “compromises” where litigants breach legal procedure and negotiate out-of-court settlements. Using ethnographic and interview data, this Article analyzes how legal cases become extralegal settlements. I argue that India’s legal environment engenders an “aspirational-strategic” legal consciousness among survivors, who simultaneously believe they deserve what the law promises while distrusting legal procedure and law enforcement personnel. Their bifurcated vision of the law leads them to negotiate illicit settlements. These findings indicate that expansions in legal rights can have contradictory effects on rule of law. Depending on the political economy of the legal institutional environment, citizens may respond to rights by simultaneously adopting new norms while ignoring legal rules and procedure.

scholarly journals Cultural Expertise in Sweden: A History of Its Use

Laws ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 22 ◽  
Author(s):  
Annika Rabo
Keyword(s):  
Interdisciplinary Collaboration ◽  
Qualitative Interviews ◽  
Ethnic Discrimination ◽  
Court Cases ◽  
Criminal Cases ◽  
Legal Cases ◽  
Legal Documents ◽  
Swedish Society ◽  
History Of ◽  
Cultural Experts

This paper is a case study of the use of cultural experts, broadly defined as including mediators and academicians with a variety of backgrounds, in Sweden. It draws on data collected through qualitative interviews with cultural experts, by following court cases through legal documents, mass media and other printed material, and by my own experience as a cultural expert. The paper provides a context to the potential application of the concept of cultural expertise regarding the appointment of such experts by lawyers, prosecutors and courts. It analyzes cases concerning the Sami, the Roma and recent immigrants from Africa and Asia. The Sami cases revolve around conflicts with the Swedish state over rights and ownership. The Roma cases revolve around questions of ethnic discrimination. Cases of immigrants from outside Europe consist of individual criminal cases and asylum. I argue that Swedish ideas—and ideals—of sameness and equality have had an impact on the legal cases that I discuss in this paper. While the legal issues in each of these cases differ, the paper argues that they demonstrate a similarity in how Swedish-majority society manages and even creates cultural differences. I conclude by showing the ways culture, rights, and obligations are understood in courts reflect mainstream trends of Swedish society and suggest the need for cultural expertise in the form of interdisciplinary collaboration.

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