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Journal on European History of Law
Scopus
ISSN 2042-6402 · STS Science Centre Ltd. · 1.191 artikel di indeks
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Artikel Jurnal
The Problematic of the Legis actio per condictionem in Roman Law: A Theoretical Perspective
This study addresses the problem of the origins and function of the legis actio per condictionem, a procedural innovation introduced by the lex Silia and later extended by the lex Calpurnia. The central question concerns whether this action was designed merely as a procedural alternative to…
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Artikel Jurnal
More than One Hundred Years of Legal History in Brno: Development, Tradition, and Scholarly Profile at the Faculty of Law of Masaryk University
This article traces more than a century of legal-historical scholarship and teaching at the Faculty of Law in Brno, from the founding of Masaryk University in 1919 to the present (1919–2025). It examines the institutional role of legal history within the curriculum, the methodological…
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Artikel Jurnal
World History of Law and Psychological Stages
The article analyses ancient or archaic systems of law and jurisprudence, feud and vendetta, the judicial systems of evidence such as judicial combats, oaths, ordeals, and torture, the objective responsibility in form of trials against animals and corpses, collective punishment and ignorance of…
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Artikel Jurnal
Probatio diabolica – On the Origins of the Term
The article begins by outlining the problem of the burden of proof in Roman property disputes, focusing on rei vindicatio and the actio Publiciana in rem. According to established Roman doctrine, a plaintiff seeking to recover property through rei vindicatio bore the burden of proving ownership. In…
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Artikel Jurnal
Ernst Reibstein: Almost Forgotten Historian of International Public Law History
Ernst Reibstein (1901–1966) had published a much lauded book on the history of international law, but in an unconventional way. On 1400 pages he described the „spirit of international relations“ based on historic, economic and cultural influences. He referred to studies of many important legal…
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Artikel Jurnal
Jurisdiction on Trial: Law, Morality, and Power in Late Medieval Italy. The Domodossola Case (1318–1321)
The trial between Bishop-Count Uguccione Borromei and the universitas of Domodossola (1318–1321) illustrates the juridical and ideological tensions at the heart of late medieval political authority. Ostensibly a dispute over jurisdiction, it became a confrontation over legitimacy, where charges of…
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Artikel Jurnal
Post-Byzantine Privileged Legal Regime During Turkish Dominance: The Paradigm of the ‘Non-Spearfallen’ (mē doryalōtē) Island of Thassos
This study explores the legal and administrative status of the island of Thassos under Ottoman rule, focusing on its unique designation as a “non spear-fallen” (mē doryalōtē) community – i.e., one that surrendered peacefully rather than through military conquest. This designation served as the…
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Artikel Jurnal
Custody of Children after Divorce in Byzantine and Post-Byzantine Law
From Roman to post-Byzantine law, the regulation of child custody after divorce evolved from strict paternal control (patria potestas) toward a system based on parental fault and child welfare. Initially, Roman law favored the father, but by the second century CE, courts began awarding custody to…
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Artikel Jurnal
Bankers, Privacy and Arcana Imperii: A Historical Law Perspective
The topic of this research paper investigates the historical interplay between bankers, privacy, and arcana imperii (the secrets of statecraft) from a legal point of view, focusing on early modern Europe. It argues that not only were bankers pivotal in shaping the financial and political landscape…
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Artikel Jurnal
The Founding of an Absolutist State in Sweden in the 17th Century: a Study of Constitutional History on the Political Humanism of Justus Lipsius (1547-1606) and on the Humanist Statesmanship
The Thirty Years War (1618-1648) was decisive in bringing Sweden to become a major power in Europe. King Gustav II Adolf's (1594-1632) ultimate goal was to prevent the creation of an universal monarchy by Spain and the House of Austria. Here we are particularly interested in the study of the modern…
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Artikel Jurnal
The Draft of the Code of Criminal Procedure of 1929 and Its Place in the Process of Unifying Criminal Law in the Interwar Czechoslovak Republic
The article analyses the process of drafting the unified Code of Criminal Procedure in interwar Czechoslovakia, with particular emphasis on the Outline of the Code of Criminal Procedure from 1929 and its role in the broader efforts to unify criminal procedural law following the establishment of the…
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Artikel Jurnal
Same Law or Same Solution? Treasure-Trove in Roman and Jewish Law in the 1st Century BC and the 1st Century CE
For the period around the turn of the era, virtually no legal sources of Roman law addressing ownership rights to the discovery of treasure have survived. On the other hand, several non-legal sources exist that mention the finding of treasure. Among these, two texts stand out for their strikingly…
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Artikel Jurnal
The Individual in Interaction with the State Apparatus in the Perspective of the Penal Law of the Second Polish Republic: Remarks on Coercing a Public Official to Undertake or Desist from an Official Act
The paper is devoted to the offence of coercing a public official to undertake or desist from an official act in the Second Polish Republic. This offence closely related to the resistance to authority and constituted one of the specific offences that an individual could commit while interacting…
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Artikel Jurnal
Interpretation and Practice of the Right of Resistance in the Vetus Testamentum and the Novum Testamentum
This study shows that the right to resist tyranny has deep biblical roots. It derives directly from the biblical principle of the primacy and supremacy of divine and natural law, reflecting universal divine eternal order and justice. From the fact that even public authority is subject to these laws…
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Artikel Jurnal
Remarks on the Liability of Arbitrator in Roman law
This study examines the origins and legal nature of arbitrator liability in Roman law. It focuses on the receptum arbitrii – the arbitrator's declaration of acceptance – as a central element of a pre-state arbitration procedure based on voluntary agreement. The study analyzes both the private law…
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Artikel Jurnal
Did it Come in Handy? Factors Helping the Spread of Christianity in the Roman Empire
The main argument of this paper is that at the turn of the 2nd and 3rd centuries AD, three important changes took place in Roman society which pointed in new directions that were congruent with some of the characteristics of Christianity. On the one hand, a new need for a universal system of social…
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Artikel Jurnal
The Trials of Aulus Gabinius
In the autumn of 54 BC, Aulus Gabinius was charged before three different jury courts. The charges of crimen maiestatis and crimen repetundarum were linked to the fact that Gabinius had invaded Egypt with his army as a proconsul of Syria and restored Ptolemy Auletes to his throne. The third charge…
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Artikel Jurnal
Indictment and Grand Jury Debates in Nineteenth Century Hungary
This paper analyses indictment procedures in nineteenth-century Hungary, focusing on debates over the introduction of the grand jury. It examines the stages of criminal procedural codification and compares the grand jury with the indictment chamber in a broader European context. Drawing on primary…
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Artikel Jurnal
International Historical Models of Military Criminal Law
Criminal law rules and criminal justice solutions applicable to soldiers, and within that, members of the armed forces and other organizations serving individual states, have developed according to different historical models. The value of these historical examples lies in how the specific criminal…
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