News and Notices

In volume 350 of the Studies in European Legal History, Tim Knoche examines the legal term albacea of the Spanish Código Civil, as the result of a multi-stage legal reception, from the Islamic waṣī through the Mozarabic and Castilian documentary practice of Toledo to its internal Castilian spread, exemplified by late medieval document practice in Christian-dominated Seville. more

Volume 332 of the Studien zur europäischen Rechtsgeschichte explores the growing differentiation of German legal science around 1900. It traces the emergence of new subdisciplines, shifting self-understandings within established fields, and lively debates in legal philosophy, theory, and sociology, highlighting the conditions under which a plural and differentiated jurisprudence took shape. more

Germany’s colonial past is again at the center of public debate. Volume 27 of the Global Perspectives on Legal History offers a focused contribution: a study of how the German administration in Samoa (1900–1914) used family law as a tool of colonial governance. Examining marriage, divorce, citizenship, legitimacy, and maintenance, Julia Hütten shows how rules on the most intimate matters became instruments of colonial power and a mirror for ideas of ‘Germanness’. more

This year's Max Planck-ASLH Dissertation Prize for European Legal History in Global Perspective recognizes two remarkable works. Vladislav Lilić and Daniel R. Quiroga Villamarín offer research that enriches the study of state formation, international order, and the built environments that shaped global governance. more

At our Institute, we explore law, its history and theory from a global perspective and work to deepen understanding of its role in society. Our work on China, a country frequently seen through the narrow lens of geopolitics, shows how meaningful understanding emerges from dialogue, careful study and exchange. This commitment was reinforced in October, when our director Professor Thomas Duve and Professor Xie Zengyi of the Chinese Academy of Social Sciences signed a Memorandum of Understanding.  more

Constitutional language emerged out of the interaction of legal theory, political philosophy, and historical narratives. By analyzing the counter-concepts of constitution and arbitrariness, Volume 26 of the Global Perspectives on Legal History explores the logic behind this discourse in 19th-century Argentina. It examines the rupture between the traditional knowledge of ius commune and modern law in the shift from arbitrium iuris to the preeminence of written law enacted by the state. more

A six-member delegation from the Institute of Law at the Chinese Academy of Social Sciences (CASS), led by Vice Director Professor XIE Zengyi (谢增毅), visited the Max Planck Institute for Legal History and Legal Theory (mpilhlt) in mid-October as part of efforts to establish a long-term exchange in legal history and legal theory. The occasion marked the signing of a Memorandum of Understanding (MoU) by Professor Thomas Duve and Professor XIE to further strengthen cooperation between the two Institutes. more

Ten years ago, on 1 October 2015, Stefan Vogenauer took up his position as Director at the Institute and established the Department of European and Comparative Legal History. The projects focusing on the Legal History of the European Union represent an innovative take on the Institute's research tradition. Moreover, the history of Legal Transfer in the Common Law World, a second research field within his Department, has opened up another world to the Institute. As the former Chair of Max Planck Law, he played a key role in establishing this network of legal institutes within the Max Planck Society. More recently, he has taken on further responsibilities as Chair of the Human Sciences Section. We thank him for his dedication and look forward to the next decade. more

Every legal history begins with a source, and every source speaks its own language. A Roman text in Coptic, a factory ‘house law’ or a digital corpus of crime stories can each open a different window onto law’s past. The contributions in this year’s edition of our journal Rechtsgeschichte – Legal History remind us that sources are never neutral. They shape what we recognize as law, and their meaning emerges through translation, practice and interpretation. Legal history tells of authority and justice, of expectations and conflicts and of communities striving to shape life under rules.  more

Volume 334 of the Studien zur europäischen Rechtsgeschichte presents the results of three trilateral research conferences that took place between 2018 and 2020 at the Villa Vigoni. It sheds light on the question of how the Church used the tools of the law to react to conflicts triggered by various crises between 500 and approx. 1500 CE. The research focused on differences, contested matters, disputes and ambivalent conflicts within the Church at the intersection of internal and external order, as well as on external disputes. more

A small label on an old spine can open an entire world. In his blog post Alte Drucke mit der Signatur Kan, Christoph H. F. Meyer uncovers how early modern scholars learned to read, cite, and govern with church law. Drawing on sources that bridge Roman law, canon law, and theology, he shows how dense abbreviations and study aids shaped ideas of normativity. more

Volume 347 of the Studien zur europäischen Rechtsgeschichte explores the everyday workings of the Kammerverwaltung in Minden-Ravensberg, Prussia, during the 18th century. At its core is the question of how bureaucracy became a matter of course – why files were studied, colleagues endured, and hierarchies accepted. Based on close engagement with the sources, the study by Lasse Stodollick combines perspectives from systems theory and microhistory to show that the rise of administration depended less on the designs of a ruler than on the effects of rules, procedures, informal agreements, and the use of writing. more

The Wissenschaftszeitvertragsgesetz (WissZeitVG – Academic Fixed-Term Contract Act) has shaped working conditions in German academia for years. However, its regulations on fixed-term contracts for academic staff continue to be the subject of criticism – they create uncertainty, hinder career planning and lead to structural problems at universities and research institutions. Marietta Auer's analysis uses the example of the WissZeitVG to show how “counterproductive law” not only impedes innovation and careers but can also bring entire reform debates to a standstill. more

In volume 349 of the Studies in European Legal History, Julia Bühner examines the conquest of the Canary Islands in the 15th century as a key moment in the development of modern international law. Well before Columbus arrived in the Americas, European powers such as France, Portugal, and Spain were exploring the waters around the Canary Islands and encountering indigenous societies. Bühner’s study interprets the conquest not as a unilateral act of subjugation, but as an encounter between differing legal and normative systems. more

What role does legal history play in understanding modern statehood? How can legal institutions be meaningfully compared across time periods and cultures? These were the central questions at the 8th conference of the European Society for Comparative Legal History (ESCLH), held in early July. Around 160 scholars from more than 30 countries came together to explore topics ranging from colonial law and legal reforms to transnational transfers and fundamental methodological issues in legal historiography. more