Wenn Legal Review

The brief introductions to each showcase and commentaries on the images are based on the very respectable bibliography (100-105) that concludes the volume. The bibliography includes classical works, especially on canon law, especially reference works, textbooks or studies, which focus quite narrowly on certain legal texts, manuscripts or legal professions of the Middle Ages, mainly in German or English. In this respect too, the volume serves as a fine and concise introduction to the standard contours of the field. This seriousness comes at a price: there is no coloring outside the lines in the comments or introductions of each section. There is no evidence that tired narratives can be (and are being reconsidered), no move towards newer, refreshing perspectives on law and society, no allusion to the fundamental complexity of evolution and the transmission of very different legal traditions. An exciting aspect of the book is therefore its shortcomings, which invite a deeper investigation, both paleographic and historical. For example, students could be guided to reflect on how the St. Gallen collection might or might not fit into the processes involved in redesigning the archives around 1500 and their importance for legal activity; As Simon Teuscher showed with examples from Switzerland, this was a new concept of considerable importance for the use of legal documents and law books. [2] The presentation of manuscripts from the late Middle Ages would be a beautiful platform for such investigations (24/25, 32/33, 34/35).

Students interested in the Carolingian period were able to study Rosamond McKitterick`s extensive and detailed research on the St. Gallen Charters and their discussion of their paleographic, regional and cultural contexts. [3] The largest area left unexplored in If Books Are Right is the period between the two “Renaissances” on which the catalogue focuses: the Carolingian period and the period after the publication of Gratian`s Decretum. For example, students were able to study digital images of manuscripts on the CSEG, such as St. Gallen, Stiftsbibliothek, Cod. Sang. 150, eine “Sammelhandschrift aus dem 9. und 10. Jahrhundert mit Bußbücher (Poenitentiale Capitula Iudiciorum, Poenitentiale Theodori, Poenitentiale Vinniani, Poenitentiale Sangallense simplex, Poenitentiale Sangallense tripartitum), Texte der Kirchenväter und mehr”; or St. Gallen, Abbey Library, Cod. Sang.

676, “written between 1080 and 1100, probably at the monastery of St. Blaise or the monastery of All Saints in Schaffhausen by the theologian and canonist Bernold of Constance or by collaborators under his supervision. [contains] the Poenitentiales of Rabanus Maurus ad Heribaldum, the sixth book of the Poenitentiales of Halitgar of Cambrai, extracts from the Decretum of Burchard of Worms, the Protocols of the First Christian Councils, the Epitome Hadriani and the Collectio 74 titulorum appendix Suevica; or St. Gallen, Abbey Library, Cod. Sang. 677, of the tenth century, a “composite manuscript of legal and theological content, probably from the abbey of St. Gall. [container]. the chapter of Bishop Hatto of Basel and Bishop Theodulf of Orleans, the Poenitentiale of a pseudo-Egbert, the provisions of the Council of Nicaea (325), the works of Alcuin, including his treatise De virtutibus et vitiis and a copy of Charlemagne`s Admonitio Generalis of 789; or St. Gallen, Abbey Library, Cod.

Sang. 679, from the East Frankish Empire around 900, “a collection of legal works. [including] a copy of Bishop Halitgar of Cambrai`s Book of Penance († 830) and the important collection of laws Collectio LIII titulorum. [4] The chronological presentation in When Books Are Right is also somewhat distorted, as the commentaries focus on the date of composition of the text rather than the presentation of the manuscript; A very different story could emerge if more attention were paid to active copy data. Paleographers will find ample opportunity to explain the plates, as there is usually no discussion of the script, and even comments on the layout are brief. Overall, this is a book that can have many uses for students, historians, and paleographers. On average, this place is rated 3 out of 5. You can visit the If Law Barristers & Solicitors review page to compile your own review! The exercise of a right is inadmissible if it can only be intended to cause harm to others. At Wenn Law Barristers & Solicitors, we handle many cases. If you have any legal questions, we will be happy to help you. Call us for an appointment.

If we are unable to assist you with a particular legal issue you are currently facing, we will refer you to an expert who specializes in that area at your request. In civil jurisdictions, abuse of rights (also known as prohibition of harassment) is the exercise of a legal right that only serves to cause harassment, harm or injury to others. The offender is liable for damages caused by his or her actions. Examples include abuse of authority, counsel, frivolous or vexatious litigation, a fence or a house, forum shopping, abuse of litigation, malicious law enforcement, tax avoidance (as opposed to anti-avoidance rules, doctrine of multi-level transactions, economic substance), etc. The principle is a creature of jurisprudence and has been extended from the neighborhood doctrine of the aemulatio vicini under the ius commune. This principle departs from the classical theory that “he who applies a law harms no one” (= neminem laedit qui suo jure utitur), and instead adopts the maxim “a right ends where abuse begins” (= law ceases where abuse begins). [1] You always answered my questions honestly, clearly and quickly, explaining the legal terms to me when I did not understand them. If you have received a summons from the police, ask us for legal help and advice. The introduction of medieval law through selected manuscripts has three advantages. First, the visual differences between legal documents and law books, as well as between law books from earlier and later periods, give students an immediate appreciation of the range of activities, objectives, and types of texts that fell within the realm of “medieval law.” The fact that notarial hands retain their striking paleographic features for centuries, even if they take the form of contemporary writings, shows a continuity in the use of visual codes, suggesting a conservatism in the construction of legal documents that are supposed to retain their authority almost forever and since time immemorial (22/23, 34/35).

On the other hand, the dramatic changes after the middle of the twelfth century in the presentation of canon law in textbooks (30/31, 32/33, 42/43, 44/45, 48/49, 50/51, 52/53, 54/55, 64/65) reflect the effects of university teaching and the development of a common ius, a well-known meta-law based on the combination of Roman and canon law. and shaped by common practices and interpretations disseminated in university classrooms. In contrast, the selected manuscript of the Schwabenspiegel (24/25), the Swiss and southern German analogue of the better known Sachsenspiegel or the French Coutumiers, a popular and late medieval collection of alleged customs, legal principles, and statutes from various sources, was not intended to support the detailed commentary on the glossae ordinariae found in later medieval Roman and canon law manuscripts. is to be found. Although many manuscripts have been such collections of legal norms.