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Corpus Iuris Canonici

Corpus Iuris Canonici   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,548 words
Illustration(s):
2

...manuscripts from all parts of Europe testify that it was by far the most widely distributed medieval law book; more than 2,000 incunables and more than fifty printed versions alone up to the year 1500 prove that it remained unchanged into early modern times. Modern citation: “X” with the addition of book, title, and chapter; for older, non-numerical citation using the incipit method, see Brundage. Liber Sextus. The Liber Sextus , promulgated on March 3, 1298 , by Pope Boniface VIII ( r. 1294–1303 ) in the bull Sacrosanctae Romanae ecclesiae , expressly...

Ancient Near Eastern Law

Ancient Near Eastern Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
8,416 words
Illustration(s):
2

...is attested only in Israel and Egypt, and the ordeal is too rarely attested and varied in type to allow us to be sure of its distribution. Testimony was not initially given under oath. Having heard conflicting evidence, the court had the power to impose the oath on one party and#x002F;or their witnesses. Most commonly, an exculpatory oath was imposed on the defendant, but there were circumstances in which an oath was imposed on the plaintiff or on certain witnesses. The reasons for the court's choice are not expressed, although from the examples given in the...

Employment and Labor Law

Employment and Labor Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,930 words
Illustration(s):
2

...Germany, 1986. European overview from the sixteenth to the nineteenth centuries. Mayer-Maly, Theo . “ Römische Grundlagen des modernen Arbeitsrechts. ” Recht der Arbeit 20 (1967): 281–286. Mayer-Maly, Theo . “ Vorindustrielles Arbeitsrecht. ” Recht der Arbeit 28 (1975): 59–63. Ogris, Werner . “ Geschichte des Arbeitsrechts vom Mittelalter bis in das 19. Jahrhundert. ” Recht der Arbeit 20 (1967): 286–297. For the indigenous law. Rückert, Joachim . “Dienstrecht und Dienste-Recht in der Frühen Neuzeit.” In Usus modernus pandectarum. Festschrift Klaus Luig...

Anglo-Saxon Law

Anglo-Saxon Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
6,603 words
Illustration(s):
1

...who had also written some of Æthelred's later codes. Textus Roffensis. Title page of the Textus Roffensis , which contains a collection of Anglo-Saxon laws, c. 1300. The Dean & Chapter of Rochester and the Director of Regeneration, Community and Culture#x002F;Medway Archives and Local Studies Centre, Drc#x002F;R1 The Anglo-Saxon royal codes are not often dated, nor, when several come from a single king, easily arranged chronologically. In some cases surviving texts have been clearly altered, betraying the work of later revisers. It is not always easy to tell...

Canon Law

Canon Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,807 words

...as a technique of lawgiving (exemplified by the German civil code [BGB], which became effective in 1900 ), and the preparations for the hundredth anniversary of the French Code Civil served to enliven the discussion about a reordering of canon law. In this climate, Pope Pius X ( r. 1903–1914 ) issued, motu proprio (of his own accord), the edict Arduum sane munus on March 19, 1904, establishing a commission of sixteen cardinals, which initially was to meet under his leadership ( Corpus Actorum RR. Pontificum I, pp. 219ff.). He specifically took up...

Egypt

Egypt   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
7,827 words
Illustration(s):
2

...in Latin) is notable for referring to the Lex Iulia ( de maritandis ordinibus , 18 b.c.e. ), but its full list of dowry items reflects local custom. Similarly, marriage documents from after 212 c.e. generally show little influence from Roman marriage law (see, e.g., P.Oxy . X 1273). However, 212 does mark a watershed in the custom of marriage between full brother and sister, which earlier in the Roman period had been especially prevalent in the Fayum, but which was prohibited to Roman citizens ( Gnomon #23); within a generation, the practice was...

Adoption

Adoption   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
9,581 words

...of how adoption was practiced in Greek poleis in and around the Aegean Sea, in the Black Sea region, and in Asia Minor. As far as the archaic and classical periods are concerned, the evidence is largely confined to just two city-states: Gortyn ( Inscriptiones Creticae IV, 72 X.33-XI.23) and Athens. Some information on legislation pertaining to wills and adoption in Aigina, Keos, and a third, unidentified polis is provided in Isocrates 19, which was delivered in an Aiginatan court in the 390s b.c.e. Herodotus (6.57.5) provides our only contemporary...

Hindu Law

Hindu Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
11,618 words

...schemata, Vedic texts also contain early hints of the elaborate systems of minute regulations of everyday life, characteristic of the later dharmasūtras and dharmaśāstras . Many of these early versions of later regulations concern marriage and family law. The Rigveda (X.27.11) already contains a passage concerning a flawed girl given in marriage to an unwitting suitor by a father who conceals her flaws, a situation repeatedly mentioned in the Mānava Dharmaśāstra (VIII.205, 224, IX.72–73). Two very early Vedic prose texts ( Maitrāyanīya Samhitā ...

Chinese Law, History of

Chinese Law, History of   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
46,816 words
Illustration(s):
9

...tension between traditional sociolegal models and reformative legislation continued with the revamping of Fan Wuzi's laws under Duke Dao ( r. 572–558 b.c.e. ). During the reign of Duke Ping ( r. 557–532 b.c.e. ), Fan Xuanzi (grandson of Fan Wuzi), drafted his “Penal Books” (x ing shu ), which according to the Tang commentator Kong Yingda ( 574–648 ) were disseminated only among officials and not to the public. It may be that at least a portion of these laws came from those of his great-great-grandfather while the majority relied on Zhao Xuanzi's...

Property

Property   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
35,301 words
Illustration(s):
3

...property. Unlike Roman law, canon and common law both required that good faith be present not only at the time of taking possession, but throughout the period of possession ( mala fides superveniens nocet , “if bad faith appears, it vitiates”). This decision of Innocent III (X 2, 26, 20) still holds today in Germany (BGB §937 II). The possessor was protected by means of the actio Publiciana (action of certain possessors to recover the thing). Acquisitive prescription and limitation of actions were combined, in the older common law, under the uniform concept...

Regulation

Regulation   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
24,931 words
Illustration(s):
4

...the status of cable operators who sell broadband services remained unclear. In 2002 the FCC deemed cable broadband an unregulated “information service” not subject to common-carriage rules, and it later classified DSL broadband similarly. In 2005 , in the case of FCC v. Brand X Internet Services , 545 U.S. 967, the Supreme Court upheld the FCC's right to categorize cable broadband providers as information services. The practical import of these technical classifications has been to release broadband services from most antidiscrimination, common-carriage,...

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