Posted on December 17, by Scott Alexander I.
This period saw the transition from a relatively rigid system of legal proofs which predetermined when there was sufficient evidence for a condemnation, to a system based on the free evaluation of the evidence by either professional judges or lay jurors.
It is the central contention of this article that the reform of the criminal law of evidence can, to an important extent, be explained by two larger underlying ideological changes.
These new ideas derived from a change in the epistemological and the political-constitutional discourses between the seventeenth and nineteenth centuries. Recht und Macht in Verfahren gegen Hexen — Zugleich eine Untersuchung zur Entstehung des Inquisitionsprozesses This article examines the reasons, which led to the development and the ending of witch trials in the Holy Roman Empire.
First of all, the essay explains the procedural reasons for the introduction of the inquisition procedure and its effects on the prosecution of heretics in the Holy Roman Empire. Subsequently, the development from the ancient offence of damage magic maleficium to the early modern offence of witchcraft is presented.
In particular, the reasons are given for the transformation of the maleficium into an element of witchcraft. However, the Carolina, the pertinent criminal and criminal procedural law of the Holy Roman Empire stuck to the maleficium. Nonetheless, the codification of the offence of witchcraft in the Electoral Saxon Constitutions led to the decisive paradigm shift in favour of the offence of witchcraft.
Accordingly, the procedure of witch trails is outlined, whereby the focus is on the demarcation of the processus ordinarius and the processus extraordinarius.
Furthermore, this essay explains under which circumstances witch trails were excessive and unlawful.
In this context the processus extraordinarius is decidedly examined. In the last section of this article, the possibilities to obtain legal protection against illegal procedural acts in witch trails are discussed. Moreover, this article emphasizes that the High Courts of Holy Roman Empire regularly decided in favour of the accused in witch trails.
At the same time, the essay shows that the High Courts of the Holy Roman Empire respected the Carolina and contributed significantly to the containment of witch trials. Keywords Hexenprozesse; Hexenlehre; Constitutio Criminalis Carolina; processus ordinarius; processus extraordinarius; crimen exceptum; crimen magiae; maleficium; Reichskammergericht; Reichshofrat Kamila Staudigl-Ciechowicz: From on anti-Semitic tendencies at the universities were getting stronger, in spring Jewish as well as political opponent scholars and students were forced to leave the Austrian universities due to national socialistic ideology.
The paper shows the expulsions from a legal point of view, stressing the significance of the laws that where enacted between — by the austrofacist government.
University of Vienna; racially- and politically-motivated expulsions, Anti-Semitism, faculty of law and state. How the judges dispensed justice against several ethnical groups? In the end you could see an of course nationalistsocialist court, but not a highly political and not always unfair one.
Raluca Enescu, Leonie Benker: The Birth of Criminalistics and the Transition from Lay to Expert Witnesses in German Courts The European judicial setting underwent profound changes with the shift from testimonial to material evidence at the end of the 19th century.
Expert witnesses possessing specialist knowledge entered the courtroom, throwing shadow on lay witnesses who suddenly were considered unreliable. This evidential mutation arose from the emergence of specialist knowledge delivered by expert witnesses.
New laws were required and judgments were passed in order to clarify the respective competency of experts and judges. Three guideline judgments of the Imperial Court of Justice involving experts are discussed and put in parallel with the principle of free evaluation of evidence as well as with wrongful convictions.
Keywords Judicial decision-making; expert witnesses; lay witnesses; Imperial Court of Justice; history of forensic science; free evaluation of evidence; wrongful convictions. Russian Law Faculty in Prague — The article is devoted to the little-known page of Russian post-revolutionary emigration - the creation and functioning for about fifteen years of the law faculty, founded by Russian professors of the law faculties of tsarist Russia who emigrated after the October Revolution ofwith the support of the government of Czechoslovakia.
The article shows the main aspects of the activities of the Russian Law Faculty in Prague: Prague; revolution; emigration; law faculty; legal science; law students. We try to use it to confirm or deny the established topics by historiography about the economy and society in the beginning of the fourth century.
From the legal sources we can know that the economy was not so ruinous than we can imagine, the social scale was mainly based in the Army and the nuclear family played an important role, with an unexpected prominence of women. Diocletian; roman low empire; society; economy; women role; roman family; slavery.
Despite its popularity in Europe, it still lacks comparative projects that cover both Western and Eastern areas of the Continent, not least because the methodology of such comparison requires proper consideration and cannot be simply copied from comparative law or national legal histories.
The present article evaluates the applicability of the dominant method of today's comparative law the functional one in the domain of the general contract law of the first codifications in the major jurisdictions of Continental Europe Austria, France, Germany, Russia during the 'long 19th century'.
This subject matter is chosen by way of example as a 'legal cross-road' of legal concepts and models, more susceptible to changes, innovations, borrowings, and closely linked to social needs.
In the main part of the article, it is argued that the adaptation of the functional method to the needs of comparison in legal history becomes plausible due to at least two factors.
First, comparatists mitigated the rigid assumptions of the 'classical' functionalism of the 20th century rejecting its privileged status and purely functional perception of law, irrebuttable presumptions of similarity and unification of compared legal systems etc. Second, many legal historians, like the drafters of the first civil codes in Western and Eastern Europe, also believe that law is more than minimally connected to social problems and manifests itself primarily through its actual application.
Mikhail Gorchakov — the Viceroy of the Kingdom of Poland and his Actions towards the National Movement in The governors of the Kingdom of Poland in were forced to balance between the necessity to follow the orders of the tsar and prevent the revolutionary moods of the crowds.The publisher of the Journal on European History of Law is the STS Science Centre Ltd.
seated in London. The European Society for History of Law closely cooperates with the STS Science Centre Ltd. and helps with editing the journal.
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2. Dynamic mechanisms that don't even require access to . In this course, students acquire the writing competence necessary for conducting and presenting research.
A variety of assignments, beginning with personal reflections, build upon one another, as students develop ideas that respond to, critique, and synthesize the positions of others. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union.
It usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
Divorce laws vary considerably around the world, but in most. The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions).
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