The Coutume de Paris Rules

2017 ◽  
Author(s):  
Carl J. Ekberg ◽  
Sharon K. Person
Keyword(s):  
Human Dimensions ◽  
Customary Law ◽  
Case Histories ◽  
French Canadians ◽  
Illinois Country ◽  
Legal Documents ◽  
Legal Traditions ◽  
Marriage Contracts ◽  
French Colonies ◽  
Domestic Affairs

This chapter examines how the Coutume de Paris (customary law of Paris) influenced nineteenth-century domestic affairs, especially inheritance practices, in a large swath of northern France, as well as in French colonies such as Missouri. Beginning in the 1720s, the Coutume was regularly cited in Illinois Country legal documents, with Charles-Joseph Labuxière, acting as the strict custodian of French law and legal traditions in St. Louis. French Canadians who settled early at Cahokia and Kaskaskia adhered loosely to many provisions of traditional French customary law, but it took a while for the Coutume to be fully institutionalized in the Illinois Country. This chapter analyzes the human dimensions of the Coutume as it was implemented in St. Louis by presenting case histories about marriages and marriage contracts, buying and selling property, and making arrangements for old age and death. These case histories illuminate how the law helped guide village families in the management of their mortal affairs.

Brase’s Case

Virginia 1619 ◽  
2019 ◽  
pp. 236-255
Author(s):  
Paul D. Halliday
Keyword(s):  
Customary Law ◽  
Detailed Case ◽  
Legal Traditions ◽  
Colonial Experience ◽  
English Law

This chapter reconsiders the foundations of slave law in Virginia in the years immediately following 1619. In contrast to prevailing trends in English law, the colonial experience in Virginia granted justices extensive discretion in the application of English legal traditions, and they used this discretion to craft a customary law of slavery long before the articulation of formal statutes regulating the treatment of enslaved people. This chapter offers a detailed case study of how this process worked by examining the case of Brase, an African man captured from a Spanish ship and brought to Virginia in 1625. It recovers the legal innovations that the justices developed to ensure that Brase would be held in bondage despite the lack of a formal law of slavery in Virginia.

Islamic Law and International Law

2019 ◽  
pp. 86-124
Author(s):  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Analogical Reasoning ◽  
Islamic Law ◽  
Religious Affiliation ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
And Gender ◽  
Role Of Religion

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).

scholarly journals Arbitraža po uzoru na rimsko pravo u graničnom sporu između Lovrana i Mošćenica (1646.)

2020 ◽  
Vol 40 (3) ◽  
pp. 987-1006
Author(s):  
Ivan Milotić
Keyword(s):  
Point Of View ◽  
Roman Law ◽  
Legal Tradition ◽  
Legal Documents ◽  
Legal Traditions ◽  
Canonical Process ◽  
Ius Commune ◽  
Latin Language ◽  
Legal Concepts ◽  
Key Terms

The boundary dispute between Lovran and Mošćenice of 1646 quite recently received some attention in the literature and was simultaneously adequately elaborated form palaeographic and philological point of view. Despite the fact that it is substantially a legal act, its legal content did not receive adequate attention of the scholars, which may primarily be said with reference to its institutes, terms and expressions whose precision, accuracy and legal technical at first sight most evidently depart from the local feudal legal customs and legal traditions. Moreover, nevertheless that these terms and expressions were written down in Italian language of the time, they evidently represent Italianized version of terms, expression and legal concepts that originally belong to Latin language. Additionally, their mentions in the document at hand have no resemblance to the usual medieval descriptions of the legal phenomena which have a little in common with normative language or to administrativefunctional style of that time which distinctively shaped the legal documents. Because all these indications suggest that the key terms, expressions and institutes pertinent to the boundary dispute between Lovran and Mošćenice (and its resolution) might be borrowed from the Roman legal tradition (which outreached this territory by means of ius commune) and the Romano-canonical process, this paper examines origin, roles and functions which were achieved in practice by their use in this particular legal matter. The paper will specifically explore the procedural mechanism which was employed to reach settlement of the boundary dispute between Lovran and Mošćenice and will additionally provide a deeper insight into the possibility that in this particular case arbitration conceptually based on the Roman law was employed as the means of dispute resolution.

scholarly journals Legal Pluralism within The Space of Sharia: Interlegality of Criminal Law Traditions in Aceh, Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 426
Author(s):  
Dedy Sumardi ◽  
Ratno Lukito ◽  
Moch Nur Ichwan
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
National Legal System ◽  
Psychological Pressure ◽  
Women And Children

This article aims to analyze various legal traditions working within the implementation of Islamic law after special autonomy in Aceh. Although Aceh's legal system follows the national legal system derived from civil law, diverse legal traditions still exist. The scope of this study is limited to the interaction of Aceh's legal traditions by taking the construction of juvenile and immoral criminal law and describing the social authorities who also operate the legal tradition to the parties in the case. This study presents the results using a case study model. Data obtained from interviews and documentation, analyzed using an interlegality approach. Based on the results of data analysis, it was found that the dialectic of legal traditions is determined by the role of actors acting as companions for victims to ensure that the rights of victims are not neglected. The traditions of Islamic law, customary law, and laws for protecting women and children are used interchangeably. The effort to combine these three legal traditions was carried out to obtain justice and guarantee the fulfillment of the victim's civil rights, such as the right to continue education, to relieve the trauma caused by the psychological pressure. The amalgamation of legal traditions in Aceh is an effective way to achieve justice for women and children and the construction of new laws to develop a national legal system that favors the interests of victims.

scholarly journals The Contact Point of Customary Law and Islamic Law (Legal History Perspective)

2018 ◽  
Vol 5 (2) ◽  
pp. 51-59
Author(s):  
Rachmi Sulistyarini ◽  
A. Rachmad Budiono ◽  
Bambang Winarno ◽  
Imam Koeswahyono
Keyword(s):  
Islamic Law ◽  
Contact Point ◽  
Seventh Century ◽  
Customary Law ◽  
Inheritance Law ◽  
Legal Traditions ◽  
The People ◽  
Special Character ◽  
Religious Law ◽  
The Relationship

The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The customary law tradition is very different from other legal traditions; this system has a special character that is very different from the character of other legal traditions. Furthermore, around the seventh century of AD, the influence of religion encounter as well; the first is Hinduism, then the religion of Islam brought by traders from Arabia and India. The term known as custom, with its unwritten form and religious element as the definition proposed by Soepomo (1996), is indeed identical with the term given by experts in the colonial period such as: “Godsdientige Wetten, Volks instelingen En Gebruiken" (Regulation of Religious Ordinance, People's Institution and Customs), "Godsdientige Wetten, Instelingen En Gebruiken (Religious Regulations, Institutions, and Customs), Met Hunne Godsdiensten en Gewoonten Samenhangen de Rechts Regelen" (Rules of law relating to Religion and religion customs habits), in addition there are also called the Islamic Law or Mohameden Law. It shows that at that time Customary Law is equalized as religious law. The point of contact  between the two can also be identified from the theories that develop at that time as in the theory of Receptio in Complexu (Salmon Keyzer and van Den Berg); Receptie Theory (Scouck Hurgronye); Theory of Receptio a Contrario (Ha zairin). The relationship between customary law and Islamic law is widely found in the field of family law that is the issue of marriage law and inheritance law. After Independence, legislation products related to Islamic law include Law no 1 of 1974, Law no 50 of 2009, Law no 21 of 2008 regarding Islamic Banking.Int. J. Soc. Sc. Manage. Vol. 5, Issue-2: 51-59

Toward the Golden Bull and against the Pope: The Role of Custom and Honor in King Ludwig IV's Nuremberg and Frankfurt Appellations (1323–24)

2020 ◽  
Vol 51 ◽  
pp. 91-113
Author(s):  
Kevin Lucas Lord
Keyword(s):  
Roman Empire ◽  
Canon Law ◽  
Northern Italy ◽  
Holy Roman Empire ◽  
Customary Law ◽  
Royal Power ◽  
Legal Documents ◽  
Imperial Politics ◽  
John Xxii

AbstractThis article addresses the onset of a decades-long conflict between the ruler of the Holy Roman Empire King Ludwig IV of Bavaria and the papacy. When Ludwig intervened on behalf of antipapal factions in northern Italy in 1323, Pope John XXII issued an ultimatum demanding that Ludwig immediately cease to exercise the royal power and title on the pretext that he had never received papal approval of his royal election. Failure to comply meant that the king would fall under sentence of excommunication. Ludwig responded with nearly identical appeals issued in Nuremberg and Frankfurt. Against previous arguments that these appeals were either legal documents operating within the confines of Roman Canon law or artifacts of protomodern realpolitik, this article argues that the “Nuremberg” and “Frankfurt Appellations” emerged from the king's preoccupation with his honor. His Appellations utilized the language and form of Roman Canon law to defame his opponent while he sought to ennoble and justify his actions with a rhetoric mirroring that in supposed repositories of imperial customary law such as the Sachsen- and Schwabenspiegel. In arguing that German custom superseded the jurisdiction of papal law in his Appellations, Ludwig elevated a discourse concerning royal elections to the highest levels of imperial politics where it would remain and find inclusion, in intent if not precise formulation, in the famed Golden Bull of 1356.

The decline and displacement of custom in early modern Spain

2019 ◽  
Vol 87 (4) ◽  
pp. 427-472
Author(s):  
Aniceto Masferrer
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Iberian Peninsula ◽  
Customary Law ◽  
Practical Reasons ◽  
Early Modern Spain ◽  
Legal Traditions ◽  
Early Modern Era ◽  
Modern Era

SummaryThis article aims to describe the reasons for the decline of customary law in the early modern era. Confining the discussion to a limited geographical setting – the Iberian Peninsula – the arguments I used might be easily applied to other European jurisdictions. Part I presents an explanation of the predominance of custom in the medieval Spanish legal traditions. Part II describes the general features of the law in the early modern era, since they contributed – to a greater or lesser degree – to the demise of custom. Part III focuses more specifically on the theoretical and practical reasons for the decline and displacement of custom in early modern Spain. Part IV describes the consequences of the Decrees of Nueva Planta (1707-1718), approved by Felipe V in the context of the War of the Spanish Succession (1700-1714), regarding the development of the notion and role of custom in the eighteenth century. The article concludes with some reflections, emphasising that although customs do not easily co-exist with the state or a strong political power, neither do they entirely perish.

scholarly journals Judging the Franks: Proof, Justice, and Diversity in Late Medieval Alexandria and Damascus

2016 ◽  
Vol 58 (2) ◽  
pp. 350-378 ◽  
Author(s):  
Francisco Apellániz
Keyword(s):  
Conflict Resolution ◽  
Middle East ◽  
Islamic Law ◽  
Government Officials ◽  
Late Medieval ◽  
Legal Documents ◽  
Legal Traditions ◽  
Local Law ◽  
Legal Concepts ◽  
Comparative Manner

AbstractThis article describes how Islamic and Frankish legal devices complemented each other and were even combined to settle disagreements in the late medieval Middle East. For this purpose, it focuses on two legal institutions that provided responses to the biases of Islamic law against non-Muslims and to the prejudices of Franks against the local law. The first are the notaries sent to the Mamluk cities by the Venetian government to draw up legal documents and to support the transactions of Venetian merchants. The second are the new royal orsiyāsacourts implemented by the sultans, where justice was dispensed by government officials instead of by traditional judges, orqāḍīs. Specifically, the article discusses, in a comparative manner, what constituted proof for Christians and Muslims, whether minorities could bear testimony or not, and how notaries and judges dealt with unbelievers. A common notarial culture, together with the expansion ofsiyāsajurisdiction over the affairs of foreigners, brought about a much deeper legal interplay than has previously been understood. Ultimately, it is argued that Mediterranean medieval societies had evolving attitudes toward justice and diversity, and approached their own legal traditions in ways compatible with the conflict resolution, while constantly borrowing legal concepts about difference from each other.

scholarly journals Cadlaws – An English–French Parallel Corpus of Legally Equivalent Documents

2021 ◽  
Vol 14 (2) ◽  
pp. 494-508
Author(s):  
Francina Sole-Mauri ◽  
Pilar Sánchez-Gijón ◽  
Antoni Oliver
Keyword(s):  
Machine Translation ◽  
Translation System ◽  
Neural Machine Translation ◽  
Parallel Corpus ◽  
Legal Documents ◽  
Legal Traditions ◽  
Corpus Construction ◽  
Machine Translation System ◽  
French Corpus ◽  
Language Pair

This article presents Cadlaws, a new English–French corpus built from Canadian legal documents, and describes the corpus construction process and preliminary statistics obtained from it. The corpus contains over 16 million words in each language and includes unique features since it is composed of documents that are legally equivalent in both languages but not the result of a translation. The corpus is built upon enactments co-drafted by two jurists to ensure legal equality of each version and to re­flect the concepts, terms and institutions of two legal traditions. In this article the corpus definition as a parallel corpus instead of a comparable one is also discussed. Cadlaws has been pre-processed for machine translation and baseline Bilingual Evaluation Understudy (bleu), a score for comparing a candidate translation of text to a gold-standard translation of a neural machine translation system. To the best of our knowledge, this is the largest parallel corpus of texts which convey the same meaning in this language pair and is freely available for non-commercial use.

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