Divisions of inheritance

Author(s):  
Elizabeth C. Macknight

The Assembly abolished primogeniture on 15 March 1790 and introduced the law on partible inheritance on 8 April 1791. Under the ancien régime nobles had benefited from more flexible arrangements with a welter of possibilities for allocating inheritance. The legal systems varied across the country with written law operating in most of the south and local customary systems in the north. Decision-making was also influenced by social status. This chapter focuses on the apportioning of patrimony, especially nobles’ responses to the notion of equality among siblings that underpinned revolutionary reforms in legislation. It engages with debates conducted among scholars of the Middle Ages and early modern era about law, gender, and emotion, and presents new findings from analysis of nobles’ wills, marriage contracts, and letters from the nineteenth and twentieth centuries.

Author(s):  
Stephan Meder

Writing, Paper and Law. Concerning the Transition in Storage Media in the Modern and Postmodern Eras - a Sketch. At present, certain fields of law experience a media transformation, which is well underway. As at the threshold of the late Middle Ages and the Early Modern era, the transfer of money and payment plays a leading role. But what is, intrinsically, this media transition? Legal history proofs that principles of the written form had taken effect already in the ancient world rather than only in the Early Modern era. The invention of letterpress printing was neither cause nor trigger of the written form, while influencing the theory of the close of writing: The “demise of writing” is not to be expected, as the current transition does not concern the writing itself but rather the storage medium. New legal development stems from the emancipation of writing from paper. Today, the role of the printed book in the future, or whether there will still be bank notes, or bank statement printers, and how notaries will certify marriage contracts, or last wills, or company agreements, is uncertain. Surely, the “materiality” of paper has a wider time horizon than electronic storage media. Paper can be restored. It stays without continuous new formatting. As for literacy, the enhancement of the mobile phone on keyboards and screens (“the eye’s victory over the ear”) is also a victory of writing over the spoken word. Therefore we may expect paper to stay important, but within a diversification of information storage media.


Author(s):  
Ирина Семеновна Слепцова

Статья посвящена рассмотрению произведений литературы Древней и Средневековой Руси и раннего Нового времени, направленных против языческих верований и практик, как источника для описания игровой культуры. Привлекаются главным образом нормативные, канонические и дидактические сочинения, а также исповедные тексты, в которых содержатся сведения о развлечениях и играх. Основное внимание уделено играм в узком смысле слова (играм с правилами), как наименее изученному феномену культуры данного исторического периода. Это расширяет представления об игровом репертуаре, месте и статусе игры в празднично-обрядовой и повседневной жизни, а также дает возможность проследить процесс десакрализации игры, ее переход в сферу «мирского». Выявленные в письменных памятниках сведения об игровой культуре Средневековья и раннего Нового времени раскрывают их включенность в языческую обрядность и демонстрируют связь с магическими практиками, что было основанием для их преследования и запрещения. Это обстоятельство определяет ограниченность использования данных источников для реконструкции игрового репертуара. В список игр попадают только те, которые расценивались церковью как языческие или нарушавшие социальный порядок и нравственные правила. Упомянутые в древнерусских и средневековых источниках формы народного веселья обнаруживают истоки ряда народных игр, бытовавших в XIX–ХХ вв., и объясняют их включенность в календарную обрядность. The article is devoted to the consideration of the works of literature of Ancient and Medieval Russia and the early modern era, directed against pagan beliefs and practices, as a source for describing the game culture. Mainly normative, canonical and didactic compositions are used, as well as confessional texts, which contain information about entertainment and games. The main attention is paid to games in the narrow sense of the word (games with rules), as the least studied cultural phenomenon of this historical period. This expands the understanding of the game repertoire, the place and status of the game in festive and ceremonial and everyday life, and also makes it possible to trace the process of desacralization of the game, its transition into the sphere of the «worldly». The information about the gaming culture of the Middle Ages and the early modern times revealed in written monuments reveals their involvement in pagan rituals and demonstrates a connection with magical practices, which was the basis for their persecution and prohibition. This circumstance determines the limited use of these sources for the reconstruction of the playing repertoire. The list of games includes only those that were regarded by the church as pagan or violating social order and moral rules. The forms of folk fun mentioned in ancient Russian and medieval sources reveal the origins of a number of folk games that existed in the 19th – 20th centuries and explain their inclusion in calendar rituals.


2015 ◽  
Vol 70 (01) ◽  
pp. 77-85
Author(s):  
Giacomo Todeschini

Abstract Thomas Piketty’s analysis of the way that neoliberal economists use false meritocracy to justify growing economic inequality invites historians to reconsider the representation of workers in the economic thought and administrative politics of preindustrial Western Europe. This renewed focus on those termed mercenarii in theological, economic, and legal texts, namely salaried workers, shows that since the thirteenth century the literate elites of Christian Europe have interpreted manual labor as the sign of a competence that was useful but also socially and politically devalorizing. The ancient Roman conception of wages as auctoramentum servitutis, or evidence of servitude, reemerges at the end of Middle Ages in the guise of a complex theological, legal, and governmental discourse about the intellectual incompetence and necessary political marginality of salaried workers as manual laborers. At the dawn of the early modern era, the representation of salaried labor as a social condition corresponding to a state of servitude and lack of intellect characterizes both literary works and the economic rationality embodied by the first “scientific” economists.


Author(s):  
Tetiana Hoshko

As the people of the Middle Ages thought in symbolic categories, this symbolism was imposed on the notion of human life. In Europe, it had a distinct Christian colouration and was associated with the symbolism of numbers. This was reflected as well in the idea of the stages of human life, the number of which ranged from three to seven. Childhood, which was the first in this scheme, lasted from birth to adolescence, that is until reaching puberty. For the medieval people who thought concretely, just tangible things were important. It is not surprising, therefore, that the notion of attaining adulthood was not so much based on the formal number of years as on the real external physiological features. However, over time, such a ‘visual’ determination of the age of the personrecedes into the background.Childhood has been linked to a guardianship that has received much attention in the city law codes of the early modern period. Anyone who could not manage their lives and property could count on it.In the Middle Ages, childhood had no place, and until the 12th century, children were hardly depicted. The appearance of the post-mortem images of children in the 16th century was evidence of a change in the emotional attitude to them. This change was reflected in the city law codes of the late 16th century. They protected the right of a child to life and property, even of the unborn or born but not survived child. The born and baptized child was already a complete person with soul and likeness of God.The German town law protected children from too severe punishment, first of all from execution. It was believed that before reaching a certain age the children were unconscious creatures, so they could not deliberately commit crimes. And punishment to death was unacceptable for unconscious wrongdoing. The city law codes in the Polish-Lithuanian Commonwealth of 16th and early 17th centuries reflected the evolution of ideas about childhood from the late Middle Ages to the early modern era. Although they refer to the legal norms of previous epochs, they contain many provisions which appeared under the influence of Humanism and the Reformation. As a result of deeper Christianization of morality at the turn of the Middle Ages and modern era, a new attitude to childhood appears, as to a special and important stage in human life. Therefore, as of the 16th century, there were special articles about children in legal codes. The city law begins to protect the interests of children by considering various aspects, in particular, the rights of the unborn but conceived child, of the children of ‘righteous bed’, orphans, etc., the children’s property interests, their lives and future.


2020 ◽  
Vol 65 (2) ◽  
pp. 151-160
Author(s):  
Harald Wixforth

AbstractMaritime Economy in the Perspective of Modern Economic and Business HistoryThe maritime economy has been the leading economic sector of the German coastal regions since the beginning of the early modern era. In contrast to its importance for the society and economy of the North Sea and Baltic regions, the interest of Economic and Business historians in its development within those regions during the last three centuries has been comparatively low. Most studies concerning shipbuilding are dominated by more political-historical focused approaches, which leave aside significant research questions that would benefit our understanding of the specific development of the maritime economy and its businesses. In order to fill this gap and reach the level of research other nations have, significant efforts are necessary. Provided that enough source material is available and access to it is not limited by institutional restrictions, the maritime Economic and Business history in Germany is looking at promising prospects. To use this opportunity would expand our knowledge about the development of the «leading sectors» of some of the most important economic regions in Germany, especially, if the research questions and strategies of the modern Economic and Business history are applied.


2020 ◽  
Vol 30 (3) ◽  
pp. 105-114
Author(s):  
Janusz Smołucha

The article explores the Mediterranean influences on Polish cuisine in the centuries that followed the adoption of Christianity at the end of the 10th cen­tury. This memorable act brought Poland into the circle of Western culture anchored in the Greco-Roman tradition, which also heavily impacted the eve­ryday life of representatives of all strata of Polish society. The author draws attention to the variety of such contact, which includes the journeys of cler­gymen, diplomatic missions, and trips of young people to universities. Trade and economic exchange, as well as the activity of Italian merchants and crafts­men on the Vistula, also had a strong bearing on the refashioning of the culi­nary culture. The breakthrough moment was the arrival in Krakow in 1518 of Bona Sforza—who became the wife of the Polish king Sigismund I—and her many courtiers.


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