Jan Hallebeek - Academia.edu (original) (raw)

Papers by Jan Hallebeek

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Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

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Histoire religieuse de la France, 2021

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Glossae: European Journal of Legal History, 2018

espanolEn sus apuntes de clase, el estudioso salmantino Mancio de Corpus Christi († 1576) trato d... more espanolEn sus apuntes de clase, el estudioso salmantino Mancio de Corpus Christi († 1576) trato de un modo exhaustivo la cuestion teologico-moral de si el poseedor que duda de su derecho a la posesion, carece de la buena fe necesaria para la prescripcion adquisitiva. Mancio analiza, evalua y compara las opiniones de los teologos morales de su epoca a este respecto y expone su propia doctrina. El discurso dialectico muestra que optar por un concepto de moralidad mas o menos minimalista constituye uno de los factores mas decisivos. EnglishIn his lecture notes, the Salamanca scholar Mancio de Corpus Christi († 1576) dealt extensively with the moral-theological question of whether a possessor in doubt as to his entitlement of a possession, lacks the necessary good faith for acquisitive prescription. Mancio discusses, evaluates and compares existing opinions of moral theologians of his time on the matter and expounds on his own teaching. The dialectical discourse reveals that opting for ...

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Great Christian Jurists in the Low Countries, 2021

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Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung, 2020

Can Roman law still be a useful part of the compulsory curricular programme for legal education i... more Can Roman law still be a useful part of the compulsory curricular programme for legal education in the Netherlands? At the beginning of the nineteenth century Roman law taught the student a further systematization of private law. Later it was seen as an introduction to present-day private law, irrespective of whether it was taught in a pandectistic or a more historical way. For the second half of the twentieth century three divergent approaches could be discerned i.e. a ‘pandectistic’, a ‘neo-humanistic’ and a ‘legal historical’ one. Given this until recently existing state of legal education, various premises can be formulated, which preferably should underlie the teaching of Roman law in the near future, viz. an applicative approach, a connection with legal historical research, the awareness that the civilian tradition is not the only one and that it only started with the glossators, and avoiding anachronisms.

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Oxford Handbooks Online, 2018

At the beginning of the twelfth century a university emerged at Bologna where the study of Roman ... more At the beginning of the twelfth century a university emerged at Bologna where the study of Roman law was taken up. The first generations of scholars, the glossators, interpreted the Corpus iuris civilis in its medieval shape (subdivided into five volumes) and produced various types of scholarly works: glosses, lecturae, summae, etc. Learned jurists of the fourteenth and fifteenth centuries, the commentators, continued the exegetical work of their predecessors. They no longer wrote glosses, but continuous commentaries. Moreover, they produced consilia, advisory opinions given in view of specific court cases. By this time the study of Roman law had spread over major parts of southern Europe. With the dissemination of canon law and the foundation of universities, the knowledge of Roman law could also spread to more northern regions, penetrate into legal practice, and lay the foundation of a common legal culture on the continent: the ius commune.

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Tijdschrift voor Rechtsgeschiedenis, 2019

SummaryThe Seventeen Statutes is one of the oldest classical texts of Old Frisian Law. In its lat... more SummaryThe Seventeen Statutes is one of the oldest classical texts of Old Frisian Law. In its late fifteenth century edition, as part of the Frisian Land Law, it was provided with Latin glosses. Analysis of these glosses, which were scarcely investigated until now, enables us to pronounce with more certainty upon the date of both the Frisian Land Law, as a compilation, and its Gloss. Moreover, the glosses to the Seventeen Statutes reflect a considerable increase of ecclesiastical competence, point to certain principles of Romano-canonical procedure and use Roman law texts when applying provisions of indigenous law. This all may indicate a stronger presence of learned law in late medieval Friesland than previously assumed.

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