De Rebus Divinis Et Humanis

Im April 2019 wird Jan Hallebeek emeritiert. Damit endet seine aktive Laufbahn als von der Royal Netherlands Academy of Arts and Sciences (1989–1999) finanzierter Forscher, als Extraordinarius an der Theologischen Fakultät der Universität Utrecht (1997–2006) und zuletzt als Professor für Rechtsgeschichte an der Vrije Universiteit Amsterdam (seit 1999). Die Stationen seiner Tätigkeit spiegeln zwei seiner Schwerpunkte wieder: die Kirchen(rechts)geschichte einerseits und das klassische römische Recht und die Geschichte des römischen Rechts in Europa andererseits. In glücklicher Weise konnte Jan Hallebeek sein Engagement für die Altkatholische Kirche mit seiner Arbeit als Forscher verbinden. Die Beiträger greifen das breite rechtshistorische und kirchenrechtliche Spektrum auf, das der Jubilar in seiner eigenen Arbeit aufgespannt hat. Jan Hallebeek will become emeritus in April 2019. That will mark an end to his professional career as Researcher and Lecturer on a Royal Netherlands Academy of Arts and Sciences post (1989–1999), as Professor Extraordinarius at the Theological Faculty of the University of Utrecht (1997–2006), and as Professor on the Chair of Legal History at the Vrije Universiteit Amsterdam (from 1999 onwards). These positions reflect two focal points of his research: on the one hand Church history and Canon Law, on the other hand classical and particularly medieval Roman law and their history. They matched very felicitously his engagement for and in the Old-Catholic Church. The contributions centre on the themes and questions the honorand has pursued in his work till now.

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.

This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.

This book offers a study of so-called ‘Maritime Averages’, a variety of risk management instruments used in maritime trade, in the Low Countries, showing how Averages played a major role in the institutional development of the Low Countries.