Academic literature on the topic 'Law – Europe – History'

Commentaries on the medieval notion of the "conjugal debt" have often emphasized its reciprocal nature, but its inequality becomes apparent when re-embedded into its theological, medical, and legal contexts. By tracing the theology that accompanied 1 Cor 7:3-4 through selected theologians, I will demonstrate that Paul's words did not function in equivalent ways for both spouses. By examining medieval medical understandings of human physiology, I will ask what it means to 'have authority over a body' when the bodies themselves are not equal. Finally, by demonstrating ways in which consent and coercion blurred together in twelfth-century legal debates, I will ask how meaningful it is to grant spouses equal rights to sex when their marriage may have been coerced. The topic will serve as a broader meditation on what it means to 'have authority over a body' and to conceive of marital sexuality as a system of debt.

My dissertation explains how the scientific study of sexuality became laden with emotions and the unforeseen results of this process. It begins with a scholarly tradition, forged during the eighteenth-century Enlightenment, which privileged sentimental articulations of feelings. This tradition helped inspire the late nineteenth-century foundation of sexology, or sexual science. Sexologists, as their discipline developed alongside the modern rational bureaucratic nation-state, maintained attention to emotive expressions. Sexologists also helped shape the interpretation and enforcement of laws against same-sex acts. While they built authority, however, sexologists lacked consensus. During the first third of the twentieth century, sexologists helped compile defendants' detailed sexual histories, replete with affective articulations of sexual desires, which led to calamitous consequences under National Socialism. Nazi technocrats utilized these same sexual histories, offered by same-sex attracted persons describing their feelings and actions before 1933, to prosecute them after a 1935 legal revision, which expanded the law's reach from specific acts to general expressions of feelings. My dissertation provides a genealogy of sexual research and the unexpected uses of its findings. It also revises the biography of sexology as an interdisciplinary field, braided with a history of emotions, tracing its previously underappreciated origins, tumultuous apex, and contested legacy.

This thesis reconstructs and interprets the evolution of legal culture in the Saxon city of Freiberg in the sixteenth century. It challenges the notion that early modern state institutions were punitive and disciplinary; and instead posits that in Saxony, they were flexible and sought to maintain social harmony. While previous scholarship has favoured a sociological approach, based on the concept of social control, this thesis employs a legal anthropological optic to study the interaction of state institutions and social life holistically. The focus is not just on how state institutions sought to regulate social life, but also on how ordinary people used institutions for their diverse purposes. The goal of this methodological approach, based on Lawrence Friedman’s concept of legal culture, is to assess the relative position and interaction of the people, the judiciary, and the law in early modern Germany. Probing the interactions of the court and the residents of Freiberg reveals that the court was primarily a record-keeper and a mediator. For the former, it logged and transcribed all manner of transactions: peace pacts, loans, and house purchases; and Freibergers readily turned to the court to get a formal record of an obligation. For the latter, the court was rarely a site of punishment, rather it was a place where conflicts were regulated, and bonds forged. At court, Freibergers fostered ties to one another. Neither of these roles, record-keeper or mediator, are ones traditionally ascribed to early modern courts. Only by considering by the culture of a court does either become apparent.

This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a history of ideas informed by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats human rights as a product of various historical developments which are capable of being investigated in terms of their contingency as well as their continuous traditions. The thesis begins with an analysis of political theory in ancient Greek thought, primarily as a means of suggesting possible alternative political philosophies to the rights-based approach dominant in modern Western societies. The thesis then considers the theologicalpolitical discourse on sovereignty in the early Middle Ages, revolving around the doctrine of divine right and influenced by the function of the Christian Church in defining the nature of government. This is followed by an examination of the emergence of hierarchical, feudal relations and the formulation of feudal rights as based on proprietary notions and coinciding with individual liberties. In the following chapter there is a discussion of the juridical construction of sovereign power that emerged from the reception of Roman law and the development of canon law, the influence of legal textuality on the granting of rights and liberties, and the emergence of a discourse on public right as a way of defining the relationship between the prince and his subjects and thus delimiting sovereign authority. Finally, the thesis considers the legacy of the theory of natural rights and its relationship to forms of liberty, with an analysis of: firstly, the idea of natural rights that developed through canon law and the discussions surrounding the Franciscan poverty disputes; secondly, the role of property rights in the formulation of the rights of liberty; thirdly, the Christian understanding of liberty as a subjective attribute or power through the theo-ontological theory of human nature as represented by the free will; and fourthly, the transformation in Renaissance and early modern legal and political theory of the concept of liberty into a political doctrine about individual autonomy and inherent freedom. The purpose of the dissertation is to describe the multiple and complex historical processes from which the idea of subjective rights has emerged, as a means of understanding how human rights have come to play a seemingly essential role in modern legal and political discourses and practices.

Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.

Wallfahrten und Pilgerreisen, allgemein der religiös motivierte Tourismus erfreut sich in Europa heute aus unterschiedlichen Motiven wachsender Zustimmung. Die Motivation hierzu wurzelt letztendlich im Bereich der religiösen Emotionalität. Untersucht wird diese Form spiritueller Orientierung in der religiösen Gegenwartskultur auch in seiner Auswirkung auf die religiösen Institutionen. Die Möglichkeit zu religiös motiviertem Reisen kommt dem Bedürfnis nach mehr Religiosität entgegen, ohne daß der Pilgertourist gezwungen ist, sich längerfristig an kirchliche Strukturen binden zu müssen. Der christliche Religionstourismus ist ein bedeutender Globalisierungsfaktor und zahlenmäßig die größte Mobilisierung von Religion.