Legal History

Some people have become disenchanted with modern bureaucratic forms and modern governments, and in their attempts to imagine an alternative, have joined the sovereign citizen counterpublic, a right-leaning movement comprised of loosely affiliated groups rejecting the validity of national laws that are present in the United States, Australia, Canada, Germany, the United Kingdom, and other countries. These groups focus their energies on legal systems as they resist modern institutions and have developed a shared semiotic ideology about how legal language works and how legal texts should be interpreted. This semiotic ideology hinges upon a particular form of semiotic determinacy; our article unpacks its implications. Sovereign citizens' ideology is antithetical to how institutionally entrenched actors understand the interplay of semiotic determinacy and indeterminacy in legal contexts, which leads their logics and historical narratives to resonate with conspiracy theories. We conclude by exploring how this counterpublic re-configures older strands of Enlightenment and Protestant Reformation logics as resistance in this neoliberal moment.

Future intellectual historians will no doubt present the book, together with Professor Finnis' other philosophical writings, as part of the broad revival in more or less Aristotelian approaches to moral and political thinking that gained prominence beginning in the late 1970s. And they will be right.

В статье анализируются проблемы решения этических дилемм в судебной деятельности на примере биографии выдающегося российского юриста А.Ф. Кони и его этической концепции. Рассматривается понятие этической дилеммы, модели ее решения. Отмечается, что модель этического выбора А.Ф. Кони («категорический императив А.Ф. Кони») выходит за рамки исключительно профессионального деонтологического выбора: нравственное начало ставится у А.Ф. Кони выше корпоративного. Впрочем, это не вступает в противоречие с еще не оформившимся понятием профессионального долга в исследуемый период истории: свою этическую концепцию А.Ф. Кони формулировал в эпоху становления судейской профессии и судейской профессиональной корпорации в России (конец XIX-начало ХХ в.). На нескольких примерах из биографии А.Ф. Кони показана работа его модели этического выбора в ситуации этической дилеммы в судебной деятельности. Ключевые слова: А.Ф. Кони, профессиональная этика, судебная деятельность, этическая дилемма, юридическая этика.

This doctoral thesis focuses on the coverage by the renowned British newspaper, The Times, of two very similar and related conflicts in the Iberian Peninsula during the 1830s. These were the Siege of Oporto in Portugal (1832-1833) and the First Carlist War (1833-1840) in neighboring Spain, and the public and overt support for the liberal cause in both conflicts. The study attempts to put the coverage of these two conflicts in the pages of The Times into historical context and is complemented by a study of the origins and evolution of The Times of London newspaper from its beginnings in 1785 to the mid-nineteenth century. The research incorporates an in-depth study of a selection of news stories appearing in the daily editions of The Times specifically related to the siege of the Portuguese city of Oporto by the forces of Dom Miguel, King of Portugal, during the fourteen-month conflict. Particular emphasis is placed on determining whether The Times had its own special correspondents in situ who reported from the besieged city. The editorial policy of strict anonymity imposed by the editor, Thomas Barnes, makes it extremely difficult to personally identify The Times' special correspondents, both in Portugal and Spain, during the two conflicts studied in this thesis. Given that the duration of the First Spanish Carlist War is comparatively much longer—almost seven years—than the Siege of Oporto, the research and study of the coverage of the First Spanish Carlist War in the daily editions of The Times is limited to a period of nineteen months, from January 1833 to July 1834. The thesis includes graphs showing the category news source, numerical quantity and the evolution over time of news entries related to both conflicts in the pages of The Times.
The thesis also considers the important role that The Times, as a leading newspaper in Europe and around the world, played in the consolidation of the liberal regimes in both Portugal and Spain during the 19th century and examines the connection between the newspaper's editorial line under the control of the famous liberal editor Thomas Barnes and British foreign policy regarding Portugal and Spain under the influence of Lord Palmerston as Foreign Secretary. Between the late 1830s and October 1865, Palmerston was a leading figure in shaping British politics, especially foreign policy, holding a number of important ministerial posts in the various Whig governments of the era and eventually becoming Prime Minister of the United Kingdom at the end of his long political career, which lasted almost 35 years in total. The research highlights the surprising political and diplomatic influence that The Times exerted on the history of Portugal and Spain during the 19th century and its important historical legacy in the formation of contemporary Spain and Portugal.

This contribution examines Venetian neutrality during the Franco-Habsburg confrontation between 1688 and 1714, focusing on the Republic of Venice’s legal and diplomatic strategies amid the Nine Years’ War and the War of the Spanish Succession. While Venetian policy sought to preserve both its territorial integrity and its historical dominio over the Adriatic Sea, the Republic faced significant legal and political challenges from the belligerent powers. Drawing on archival research conducted in Paris and Venice, this study explores the legal frameworks underpinning Venetian neutrality, including treaty obligations, maritime law, and the Republic’s place within the early modern theory and practice of neutrality. The findings highlight how Venice leveraged legal instruments, diplomatic rhetoric, and pragmatic enforcement measures to preserve its sovereignty in an era of European-wide conflict, contributing to broader debates on neutrality and the law of nations in early modern Europe.

Where did you grow up, and what was your early life like? RC: While I hail from St. Boniface, at a young age my parents moved to St. Norbert, which is in the south end of Winnipeg. So that is where I grew up. St. Norbert was mostly Francophone in those days, but there was a strong Anglophone presence as well. DLM: And that is right by the university? RC: Yes, and in those years, what separated St. Norbert from the university were fields -miles of fields: there was no development. Fort Richmond didn't exist when I was growing up. Then, when I was 12 years old, my parents sent me to a private Catholic school, le Petit séminaire, the minor seminary of St. Boniface. So from Grade 8 to Grade 12, I went to this private boarding school. DLM: Was that with the expectation that you would join the ministry? RC: Well, it was always the expectation: it was a minor seminary. The parish priest from each of the Francophone communities across the province would recommend the names of a couple of young boys to this seminary. I'm told, the names considered were typically the best students from each community. My brother, who's also a judge, went through the same seminary, so I left home to go to this boarding school in St. Boniface. I was 12 when I left, and it was quite the experience.

Lorenzo Borri (1864-1923), medical examiner and one of the founders of social insurances against occupational accidents, was, in early 20th-century Italy, among the leading scholars of political medicine, a discipline that aimed to rationally guide legislative and jurisprudential evolution. In his works, Borri addressed various issues related to social legislation, family law and the condition of women, advocating bold reformist proposals. His thought, as well as that of other contemporary scholars - representatives of the progressive élite - both anticipated elements of the welfare state and revealed a fascination with authoritarianism, which the Fascist regime would later exploit.

Mnohokrát bych tímto chtěl poděkovat svým rodičům za podporu při mém vysokoškolském studiu, dále pak paní profesorce Lence Bobkové, bez jejíž knih bych nebyl schopen tuto práci zpracovat. Dále bych chtěl poděkovat vedoucímu mé diplomové práce JUDr. Petrovi Beránkovi, za jeho pomoc a ochotu při zpracovávání této práce.

ARCHITECTURE OF THE BARRICADE
Arsenale Institute, Venice

A research exhibition curated by Bastiaan D. van der Velden
and Wolfgang Scheppe, based on a concept developed
in collaboration with Sara Codutti, exploring the
iconography of the barricade as an architectural entity.

May 7th – November 23, 2025

Arsenale Institute for Politics of Representation
Castello, 1430/A
Riva dei Sette Martiri
30122 Venezia

Homeschooling has become an increasingly prevalent form of alternative education around the world, including within the United Arab Emirates (UAE) (AlDhaheri, 2024; Nandkeolyar, 2021). However, it remains a significantly under-researched topic, with few studies examining the experiences, attitudes, or perspectives of homeschoolers. This qualitative study provides an in-depth analysis of the experiences of 15 homeschooling families in the UAE, focusing on identifying applicable education laws and policies, reasons for parents to pursue homeschooling, and challenges faced by such families at the micro-, meso-, and macro- levels. Based on our case study, the findings suggest that some parents in the UAE, similar to other contexts, choose to homeschool to customize their children’s education to their needs, reinforce family and religious values, navigate learning disabilities, and avoid perceived negative features of mainstream education. Some of the key challenges that parents face while they homeschool include pressures on the family unit, especially mothers as the primary learning facilitators, social stigma, and obstacles to re-entry to mainstream education at the school level as well as in relation to higher education domestically. In light of such challenges, our recommendations include facilitating the recognition of homeschooling, albeit with quality assurance measures, in addition to challenging social stigma and conducting further research on homeschooling.

Eesti Vabariik on olnud sageli esirinnas erinevate “e-teenuste” pakkumisel, kus tavaline, pabereid noudev teenus (nagu näiteks panganduses klientide teenindamine) on Interneti kasutamise läbi pohjalikult reformeeritud. Kuna enamus saadud kogemusi on positiivsed ja tostnud Eesti prestiizi, on nii tavakodanikud kui ka vabariigi valitsus huvitatud järjest uute e-teenuste kasutusele votust. Viimase paari kuu jooksul on kerkinud päevakorda Interneti kaudu valimiste (nn e-valimiste) korraldamine juba 2002. aastal. Käesoleva materjali ...

Recitando los Nombres de Manjushri  es uno de los tantras Budistas más importantes y apreciados. Aquí se presenta en una nueva traducción rítmica y cantable, obra de Khenpo David Karma Choephel, del Sánscrito, con referencias a las traducciones Tibetanas, así como a diversos comentarios Sánscritos y Tibetanos. Se acompaña de una versión adaptada para cantar en Tibetano, así como de un análisis de las fuentes.

The colony' s population expanded in wartime after 1775 to no more than approximately 17,000, including the military, before the influx of about 29,000 Loyalist refugees in 1783. By 1800, when the gender balance in the colony was more balanced than earlier, there were between 60,000 and 66,000 souls, most of them very poor. Marble adds much detail to this. He demonstrates that arrivals in wartime in the 1750s, 1770s, and 1790s of large numbers of troops and seamen created epidemics in Halifax and its environs. With them came hundreds of soldiers' wives and children, along with camp followers, many of whom were abandoned at Halifax when the regiments departed. As the medical men treated mainly soldiers and seamen for smallpox, Marble' s account provides a great deal more information about the poor in Halifax than hitherto has been attempted. In addition, from his laboriously researched study of those whose death we have a record of in this era, we know that of the 2,800 whose age is known half were minors; 42 per cent had not reached their eleventh birthday. His death list of almost II,500 individualsa rare historical data base -if reconstituted, could be subject to far more analysis than Marble attempts. Dr. Marble's scholarly enterprise straddles several fields. Not orny is he a widely published professor in the Technical University of Nova Scotia and director of research in Dalhousie's Departrnent of Surgery, but also a noted Nova Scotia genealogist, weIl known for bis capacity to comb almost every manuscript likely to reveal something useful to the several historical topics he simultaneously pursues. Always very generous in sharing his research with others, he places Nova Scotia historians doubly in his debt for reminding them of how little of the province's early history they have yet written.

This paper examines the legal and philosophical debates regarding the repatriation of cultural property from the colonized world that are currently located in western museums focusing on artifacts from Sub-Saharan African Africa that are currently housed in Europe. We will then discuss how the debates around the restitution have both drawn from, and inspired global politics movements for racial justice that have foreground the materiality of politics and the political imagination.

De acuerdo con los genealogistas españoles de la primera mitad del siglo pasado, uno de los troncos principales del apellido Gallegos (o Gallego), se remonta al año 1050, y tuvo por exponente a don Suer (o Suero) Gallego (1). A pesar de esta

For half a millennium, bills of attainder were an accepted sovereign power, used by British and American governments to defend their people in times of emergency.  Throughout the war for independence and its aftermath, the new American states repeatedly attainted loyalists and confiscated their lands, remaking much of the socioeconomic structure of the country in the process.  Then, in little over a year and with barely any reasoning, the ratifiers of the 1788 constitution stripped the state and federal governments alike of their power to attaint.  Today, attainder bans are remembered as a just and inevitable part of Enlightenment reform.  But in truth, these bans were anti-republican.  Worse, they were a mistake.
As this paper shows, eighteenth-century bills of attainders were not the arbitrary acts of tyranny that scholars today imagine.  They were a narrow emergency power, passed only after debate and examination of evidence, with procedures guaranteeing due process and appeal written into the text of the laws.  Moreover, although legislators occasionally passed abusive attainders, early Americans proposed reforms that would have prevented abuses without prohibiting attainder outright.  In the right circumstances, bills of attainder are a valuable tool of republican government.  Indeed, this paper demonstrates that Congress in the 1860s faced threats that bills of attainder traditionally combated.  Without the power to attainder, Congress instead created workarounds—such as Section 3 of the Fourteenth Amendment—that operated as attainder bills while formally complying with the constitution’s ban.  The history and ideals of the Founding Era provide compelling reasons to embrace bills of attainder in exceptional times.

Abstract
Since the early periods of Islamic history, writing has been used as a tool for pro-ving and protecting rights. The Hanafi school has approached written documents with skepticism for certain reasons. This is because writing can resemble other writing, and documents can be forged or altered. For these reasons, Hanafi scho-lars argued that written evidence should be supported by witness testimony to be accepted as proof in legal proceedings.
In line with the Hanafi perspective, the Ottoman Empire, which shaped its legal practices accordingly, widely utilized written documents. Judges (qadis) were appointed to register individuals' rights, and the document issued by the qadis as a result of this registration process was called a "hujjat" (deed). If a dispute arose later regarding a matter for which a hujjat had been issued, the rights hol-der would present the hujjat as evidence in court. If the opposing party denied the right contained in the hujjat, witnesses would be heard to resolve the dispute. This study examines the historical process, evidential value, characteristics, and usage of the hujjat, which was widely employed in Ottoman law, particularly in legal proceedings.

This book examines how the experience of witchcraft developed and evolved from the Lutheran Reformation of Denmark in 1536 to the celebration of the Lutheran centennial of 1617.
As well as exploring witchcraft, this volume is a portrait of Denmark and how religion and politics in the 16th and 17th centuries were impossible to separate. It was in this period from 1536 to 1617 that witchcraft went from an offence condemned in the Bible and prohibited in the medieval Law of Jutland, to being described in detail as the worst of crimes. Witchcraft evolved from being defined as imposing harm to someone or something, to being a mockery of God. Approaching the theme from the new history of experience, this book refers to the process of the construction of witchcraft as a crime. Contributions draw on a wide range of textual and visual sources, and bring together court records, sermons, legal regulations and correspondence with pamphlets, devotional literature and demonological treaties. The book is the first of its kind that aims to explain how this development occurred.

tarea necesaria para interiorizarse tanto en la difusión de esta obra a manos de Posada y Letelier como en las relaciones, a partir del texto precitado y otros antecedentes, entre estos tres juristas. Circulación de ideas jurídicas -Anton Menger -socialismo jurídico -Adolfo Posada -Valentín Letelier -positivismo sociológico. which is necessary to internalize both in the dissemination of this work at the hands of Posada and Letelier and in the relationships, based on the aforementioned text and other antecedents, among these three jurists.

The Israeli government’s controversial initiative to instigate sweeping judicial reforms, conceived in early 2023, gave rise to an unprecedented opposition movement. So intense was the public pushback that the initiative sharpened existing conflicts, bringing old and new schisms to the surface. One primary stakeholder in the judicial reform initiative, had
it proved even partially successful, was the Palestinian-Arab minority. However, this minority was virtually absent from the protests and the deliberations that took place to work out a compromise between the two camps. Referencing the theory and practice of “democratic deficit,” this article explains this striking absence by drawing attention to the fact
that the “democratic deficit” that so concerns the Palestinian-Arabs is endemic in the constitutional order that the pro-reform camp wanted to see strengthened, and one that the anti-reform camp would have settled for maintaining. Being against the proposed reforms but simultaneously unwilling to join forces with the public anti-reform pushback, the
Palestinian-Arabs thus constituted a “third camp” in Israel’s constitutional upheaval. The article traces the consolidation of this “third camp” and highlights why its positioning as such has constituted the Palestinian-Arab minority as a distinct group that, in contexts predating the constitutional upheaval of 2023, has mounted, and continues to mount, unique challenges to Israel’s constitutional order.

Agee authored three books examining CIA activities: INSIDE THE COMPANY: CIA DIARY (1975), DIRTY WORK: THE CIA IN WESTERN EUROPE (1978), and DIRTY WORK II: THE CIA IN AFRICA (1980). The latter two books contained articles by various CIA critics. Agee worked with Louis Wolf in preparing DIRTY WORK: THE CIA IN WESTERN EUROPE. Agee was also associated with a magazine critical of the CIA. Agee's and co-editor Wolfe's practice of publicizing names of covert CIA operatives brought forth the greatest furor from the agency and Agee's critics. These critics charged that the public disclosures have caused serious harm and even death to several operatives. Many of the names of CIA operatives were gathered from publicly available nonclassified State Department records. 9. Agee v. CIA, 500 F. Supp. 506 (D.D.C. 1980). The district court issued an order requiring Agee's full future compliance with his secrecy agreement, which required his preclearing with the CIA any information or material relating to the agency he seeks to have published. Id at 509.

The article analyzes key ideas and methods of legal technique in West European legal philosophy and doctrine in XVIII – early XIX centuries. Requirements for statutes and regulations formed by F. Voltaire, C. Volf, R. Descartes, D. Diderot, C. Montesquieu and other representatives of Enlightenment are analyzed in the context of national law codification in Austria, Prussia and France. The requirement of simplicity, clarity and systematic presentation of content of legal acts proclaimed by Catherine`s Decree is based on ideas and principles of European rationalism and natural law.

The demarcation between debt and equity is a long-standing core constituent of company and taxation law the world over. However, its sustainability for national and international taxation regimes is increasingly the subject of doubt. Domestic and international proposals for reform are directed towards either rendering the classification of financial instruments as equity or debt legally superfluous or robbing it of economic meaning. With the comprehensive comparative legal analysis in this article and the economic reasoning behind the distinction as background, a new structure for the relationship between debt and equity will be advanced. In doing so, the corporate and contract law background (including the flexibility) of each type of capital will be illuminated and the tax purpose of the relevant standards will be reviewed. It will become apparent that in income taxation, corporate taxation and international taxation law, a variety of legislative policy concerns influence the distinction between debt and equity and hence require differing demarcations. The resulting framework can also contribute to the current debate on "hybrid mismatches" with financial instruments.

Potere razionale Fondato sulla validità formale dei suoi comandi. Diritto romano: fondamento per una sistematica adatta a qualsiasi tempo e a qualsiasi epoca. Fondato sul suo essere riproduttivo di pratiche che affondano le radici nel tempo. Diritto romano: dotato di tradizione lunga e prestigiosa.

Este articulo tiene como objetivo analizar los discursos de expertos sobre la criminalidad infanto-juvenil y ponerlos en relación con la estadística sobre este fenómeno entre 1874 y 1928, período durante el cual se fue paulatinamente visibilizando como un problema social en Chile. Postulamos que, a comienzos del siglo XX, se produjo un cambio paulatino en los discursos sobre la criminalidad infanto-juvenil, pasando de un enfoque puramente represivo, a uno que incluye la reeducación. Sin embargo, este tránsito no fue del todo exitoso. Para dar cuenta de esto, recurrimos a un amplio espectro de fuentes, desde documentos estadísticos generales y carcelarios que permitirán construir unas primeras series sobre el fenómeno, hasta textos de especialistas (conferencias, tesis, artículos) producidos por profesionales médicos, juristas y criminólogos.

This article contains an edition, translation and commentary of an Old Frisian text which forms part of a larger complex which was discovered last year in the National Library of Austria. It concerns a small collection of so-called Excerpta Legum material, dating from the 15th century. This tradition arose in the modern province of Fryslân shortly after 1400. It showed a massive reception of Canon and Roman law into Frisian indigenous law. The five paragraphs of the text edited here are compared to the larger tradition that has been handed down. This small collection yields some interesting insights into its development.

“The name of Aqht, the son of Danel, returns as Qehat, the grandfather of Moses. The name of the locality Mrrt, where Aqht was killed, figures in the gentilic form Merarî as the brother of Qehat in the Levite genealogy. The name of P?t, the daughter of Danel and the devoted sister of Aqht, is met in the Moses story as Pû'ã, a midwife who saved the life of the new-born Moses”.
Michael Astour.

Francisco Zapata Cisneros como obispo de Cádiz (1587-1596), fue uno de los impulsores de la reforma tridentina en su diócesis y muestra de ello sería y la convocatoria del Sínodo diocesano de 1591 y la creación de Seminario Conciliar de San Bartolomé.  Fueron reimpresas en la ciudad de Cádiz en el año 1882, de cuya edición hay numerosos ejemplares en Andalucía y otras Comunidades Autónomas, registrados en el Catálogo Colectivo del Patrimonio Bibliográfico Español.

A 16. század végi török pusztítások, majd a tizenötéves háború Veszprém környékét érintő hadi eseményei miatt a 17. század közepére-végére Nagyesztergár a bakonyi puszta helyek nívójára süllyedt. A lakosai között élt fajszi Ányosok is elszegényedve hagyták sorsára, vetették zálogba birtokaikat, aminek révén a következő század elején már a birtoktalan köznemesek közé süllyedtek.

Cet article propose d'analyser la viabilite des systemes agraires a partir d'une modelisation mathematique des principales relations economiques integrant les donnees agricoles. Cette methode est appliquee au village de Seguere (ouest du Burkina Faso) pour evaluer les resultats sur la gestion des ressources naturelles de politiques economiques alternatives. Les tendances actuelles de l'erosion mettent en cause la viabilite du systeme a long terme; une politique permettant le desserrement de la contrainte de liquidite pesant sur les exploitations agricoles serait favorable aux ressources naturelles.

Aequitas, as a universal principle of Roman Law, played an important role in shaping the actiones adiecticiae qualitatis. Master's liability from contracts concluded through others was based on the principle of unjustified enrichment. His liability varied from limited liability, based on the interest provided from the concluded contract, to unlimited liability based on praepositio and iussum. Praetor's and later Iustinian's, as well, the main interest was to protect interests of the third party towards the master and (in)solvent contractor. Therefore, master's rights are neglected in terms of legal regulation. In this paper, the author will try to discuss how the principle of aequitas influenced individual actions from corpus of actiones adiecticiae qualitatis.

The Bosnian war witnessed the organized expulsion of Bosnian Muslims by Serbian and Bosnian Serb military forces from 1992 until 1995. As a tactic aimed at creating mono-ethnic towns from multicultural populations, rape was perpetrated against all women, but particularly Muslim women, as part of a larger plan to terrorize populations into permanently abandoning their homes. The Muslims of Foča, a township close to the border with Montenegro, were one of the first multiethnic populations to be attacked and terrorized by Bosnian Serb and Serbian forces. Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were three Bosnian Serb soldiers, among thousands, to rape and sexually enslave Muslim women in multiple camps formed over the spring and summer of 1992. With the war's conclusion, the International Criminal Tribunal for the Former Yugoslavia set a legal precedent in the trial of Kunarac, Kovač, and Vuković as one trial in a chain of cases at the International Criminal Court for the Former Yugoslavia to advance the classifications of what sexual violence constitutes and the ways in which these crimes would be tried in international courts of law. Importantly, the Kunarac case marked the first instance in which war criminals were convicted of rape as a crime against humanity, a legal classification second only to genocide, and was the first legal proceeding to define sexual slavery as a war crime and to convict defendents of this offense as a crime against humanity. This thesis will examine the precedent set by the Kunarac Case, exhibiting first the development of the international acceptance of sex v crimes as serious war crimes, and second the broadening of sexual abuse classifications written to encompass the increasing number of sexual crimes perpetrated in modern war. All Bosnian locations and names, requiring diacritical marks, have been provided when appropriate. ̌ represents a full "ch" sound and ́ represents a lighter "ch" sound. ACKNOWLEDGEMENTS .