A Lawyer and His Sources: Nicolas Bohier and Legal Practice in Sixteenth-Century France

Author(s):  
Jasmin Hepburn
2019 ◽  
Vol 58 (4) ◽  
pp. 735-750 ◽  
Author(s):  
Deborah Youngs

AbstractThis article considers the opportunities available to, and the constraints to be negotiated by, female litigants at the court of Star Chamber during the reigns of the early Tudor kings. Star Chamber was a prerogative court and grew in popularity following the transformation and clarification of its judicial functions under Thomas Wolsey in the early sixteenth century. While it has suffered losses to its records, around five thousand cases still survive from the early Tudor period, including nearly one thousand cases involving female litigants. Unlike those in other Westminster courts, such as Common Pleas, Chancery, or the Court of Requests, Star Chamber cases have yet to be fully examined for what they can tell us about women's access to justice and their experience of legal process. This article begins by surveying the number of cases involving female litigants, showing that far more women came to the court as plaintiffs than as defendants. The numbers were significant—in line with Chancery—but still show women as a minority. Drawing on a wide range of examples, the paper explores the major factors determining, and limiting, women's active roles as litigants, taking into consideration cultural expectations, legal practice (including the operation of coverture), and, where detected, individual decision-making.


Author(s):  
Youcef Soufi

This article reviews scholarship on the history of Sunni usul al-fiqh—also known as “Islamic jurisprudence,” “legal theory,” “source law,” “legal methodology,” and “proofs of the law” (usul al-fiqh adillatuhu)—during the premodern period. It first considers the emergence of usul al-fiqh from the second AH/eighth CE to the middle of the fourth/tenth centuries, paying attention to debates about when and how jurists began to produce texts dedicated to the exposition of the genre. It highlights scholarly accounts of the gradual shift from early rudimentary discussions on legal methodology to systematic and detailed elaborations in the so-called mature texts of usul al-fiqh. It also explores the relationship between usul al-fiqh and furu‘ before turning to scholarship on usul al-fiqh sources from the late fourth/tenth up until the tenth/sixteenth century. The article concludes by assessing the relevance of the key intellectual debates over usul al-fiqh to legal practice.


Itinerario ◽  
2000 ◽  
Vol 24 (2) ◽  
pp. 62-79
Author(s):  
W.J. Boot

In the pre-modern period, Japanese identity was articulated in contrast with China. It was, however, articulated in reference to criteria that were commonly accepted in the whole East-Asian cultural sphere; criteria, therefore, that were Chinese in origin.One of the fields in which Japan's conception of a Japanese identity was enacted was that of foreign relations, i.e. of Japan's relations with China, the various kingdoms in Korea, and from the second half of the sixteenth century onwards, with the Portuguese, Spaniards, Dutchmen, and the Kingdom of the Ryūkū.


2009 ◽  
Vol 29 (2) ◽  
pp. 5-19
Author(s):  
Donald Beecher

This is a study of a Renaissance artist and his patrons, but with an added complication, insofar as Leone de' Sommi, the gifted academician and playwright in the employ of the dukes of Mantua in the second half of the sixteenth century, was Jewish and a lifelong promoter and protector of his community. The article deals with the complex relationship between the court and the Jewish "università" concerning the drama and the way in which dramatic performances also became part of the political, judicial and social negotiations between the two parties, as well as a study of Leone's role as playwright and negotiator during a period that was arguably one of the best of times for the Jews of Mantua.


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