GLOSSAE. European Journal of Legal History

Memoria de Don Antonio Pérez Martín

2025-11-24T20:36:56+01:00

V Congreso de la Sociedad Española de Historia del Derecho

2025-11-24T20:38:30+01:00

Nuevos profesores titulares y catedráticos de Universidad de Historia del Derecho y de las Instituciones

2025-11-24T20:40:44+01:00

Guillermo Vicente y Guerrero (coordinador), Derechos, mitos y libertades en la formación de la modernidad política en la España contemporánea, Valencia, Tirant Humanidades, 2024, 511 pp. [ISBN 978-84-1183-457-5]

2025-11-24T20:00:07+01:00

Rafael Ramis Barceló y Pedro Ramis Serra, Actos y graduados de la Universidad de Alcalá (1544-1562), Madrid, Dykinson, 2024, 707 pp. [ISBN 978-84-1070-387-2]; Rafael Ramis Barceló y Pedro Ramis Sierra, Actos y graduados de la Universidad de Alcalá (152

2025-11-24T20:03:39+01:00

Luka Breneselović, Die wissenschaftskritischen Zuordnungen von Franz von Liszt. Ein Beitrag zum Verständnis der Modernen Schule des Strafrechts, Duncker & Humblot, Berlín, 2020, 583 pp. [ISBN: 978-3-428-15978-9]

2025-11-24T20:11:21+01:00

Juan Javier del Granado y Felipe Westermeyer, Common law y Equity: derroteros de la tradición jurídica de Occidente, Universidad Nacional Autónoma de México – Instituto de Investigaciones Jurídicas, México, 2024, 181 pp. + XXI [ISBN 978-607 30-8810-7 (l

2025-11-24T20:13:25+01:00

Srđan Šarkić, A History of Serbian Mediaeval Law, Brill, Leiden, 2023, 616 pp. + XIV [ISBN: 978-90-04-54385-0]

2025-11-24T20:15:02+01:00

Dirk Heirbaut, Redefining Codification. A Comparative History of Civil, Commercial, and Procedural Codes, Oxford University Press, Oxford, 2025, 462 pp. [ISBN: 9780198947370.001.0001]

2025-11-24T20:25:15+01:00

Erika Prado Rubio, Aproximación histórico-jurídica a los crímenes de lesa humanidad, Dykinson, Madrid, 2024, 189 pp. [ISBN: 9788410708679]

2025-11-24T20:26:31+01:00

Antonio Bádenas Zamora, Las tentativas para abolir la pena de muerte en la España de Isabel II (1833-1868), Dykinson S.L., Madrid, 2025, 153 pp. [979-13-7006-119-7]

2025-11-24T20:29:43+01:00

Aniceto Masferrer, El adulterio en la codificación penal española: contribución del Tribunal Supremo y su doctrina legal a su proceso configurador (1870-1978), Editorial Aranzadi La Ley, Las Rozas de Madrid, 2024, 298 pp. [ISBN: 978-84-10308-43-5]

2025-11-24T20:30:52+01:00

Federico Gallegos Vázquez, El reinado de Wamba. Estudio jurídico-institucional del reino visigodo durante el siglo VII, Asociación Veritas para el Estudio de la Historia, el Derecho y las Instituciones, Valladolid, 2025, 277 pp. [ISBN 978-84-09-68968-2]

2025-11-24T20:32:17+01:00

Ewelina Rogalska, Structures of European Civil Codes, Augsburger Schriften zur Rechtsgeschichte, vol. 43, LIT Verlag, Münster, 2024, 360 pp. [ISBN:978-3-643 91680-8]

2025-11-24T20:33:35+01:00

Brian Buchhalter Montero, Ideología y proceso en los Anteproyectos de Ley de Enjuiciamiento de Falange (1938), Agencia Estatal Boletín Oficial del Estado, Madrid, 2025, 152 pp. [ISBN: 978-84-340-3088-6]

2025-11-24T20:34:42+01:00

Aitor Fernández Delgado, El officium legati en época justinianea: un estudio histórico-jurídico, Dykinson, Madrid, 2025, 310 pp. [ISBN: 978-84-1070-804-4]

2025-11-24T20:35:56+01:00

Entrevista a Agustín Bermúdez Aznar

2025-11-24T20:42:48+01:00

The appellate judges of the Canary Islands during the Ancien Régime

2025-11-24T19:08:02+01:00

As the historical analysis of the Administration of Justice during the Ancien Régime is relevant to institutional historians, this article examines the historical, legal, institutional, and social dimensions of the appellate judges of the Royal Audience of the Canary Islands from 1526 to 1800 based on unpublished documentary sources. In addition to identifying the 87 judges holding the position of civil servant in the island court, the study examines their selection criteria, appointment process and title, oath and inauguration, remuneration, term of office, origin, functions, and cursus honorum. It also highlights the obligations and prohibitions inherent to these royal officials, which contributed to shaping the fundamental legal statute for the exercise of their office and ensured a fair and efficient administration of justice.

Pardon and its discreet presence in the Supreme Court's jurisprudence (1870-1976)

2025-11-24T19:15:16+01:00

The purpose of this paper is to study the rulings of the Supreme Court -Criminal Division- on pardons since the beginning of criminal codification in Spain. It is proposed to offer more elements to favor the understanding of the dialogue between doctrine, legislation and jurisprudence that the pardon raises as a legal institution of exception that is strikingly long-lived, capable of coexisting with the crime since it has existed as well as surviving all the political models that Spain has gone through.

Alfonso de Cartagena, distinguished jurist. On an opuscule composed at the Council of Basel (ca. 1436)

2025-11-24T19:25:53+01:00

The purpose of this paper is to study a legal work of the famous bishop of Burgos Alfonso de Cartagena (1385-1456), which developed an intense activity in the Council of Basel as ambassador of Castle and as member of the conciliar bureaucracy. The fame of Alfonso as jurist and savant induced the great canonist Ludovico Pontano to hold a dispute with him about a repetitio, which the Italian lawyer pronounced before the conciliar fathers about the Liber sextus. Cartagena accepted the challenge and composed a treatise. He refutes all the thesis of the Italian lawyer by means of a superb legal erudition. It is a very interesting testimony of the Spanish legal science of this time. It contributes also to a more exact knowledge of the Cartagena´s intellectual personality. It is analyzed the methodology, which is the proper of the scholastic legal science. The study of the sources reveals the astonishing legal erudition of Cartagena, above all applied to the Corpus Iuris Civilis. He displays a wide knowledge of Aristotle and Thomas of Aquin. His solid Aristotelianism allows him to refute a basic thesis of Pontano: that of the virtuous nature of motu proprio grants. This work offers approaches which can be referred not only to the conciliarist thesis, but to the papal ones also.

Prostitution in contemporary Spanish criminal law (1822-1995). Legislative and case-law analysis

2025-11-24T19:33:47+01:00

At the beginning of the Spanish Contemporary Age, regulationist system of prostitution was restored, tolerating adult prostitution, which was regulated in public brothel, and punishing only certain behaviours related to this practice. Abolitionist system was unsuccessfully attempted to be established by a 1935 law, and another 1956 law definitively banned tolerance houses, ending regulationism, although the voluntary practice of adult prostitution continued allowed. This paper analyzes the criminal treatment of prostitution in Spanish contemporary law and jurisprudence from the promulgation of the first Penal Code in 1822 to the Penal Code of 1995.

Anti-slavery and Pro-slavery Judges of the Royal Court of the Confines and of Guatemala (1543-1564)

2025-11-24T19:36:47+01:00

The application of the New Laws of 1542-1543, the work of Las Casas, by the Royal Court of the Confines and of Guatemala, created in its chapter XI, during the lifetime of its promoter, the Apostle of the Indians, is studied in this paper. The magistrates and governors in charge of imposing them on conquerors, settlers and encomenderos, maintained opposing positions when it came to practising the ideas of Las Casas and the royal mandates on the abolition of indigenous slavery, the reform of the encomienda regime (native labour plus tribute), with initial prohibition –until its repeal in 1545- of succession in the repartimientos de indios, and the moderate taxation of tributes (chaps. XXI, XXX, XXXVIII).

James Fitzjames Stephen and codification’s semantic field in Victorian England

2025-11-24T19:41:34+01:00

James Fitzjames Stephen is best known for his Draft Penal Code discussed in Parliament between 1878 and 1883. Following a common narrative in the historiography of codification, legal historians have already reconstructed the political and legal circumstances leading to this failed code. However, the notion of code underpinning Stephen's draft has not yet been studied. From the vantage point of the evolution of the semantic field of the term code the 19th-century codification movement in England, Stephen's notion of code will be ascertained. It will be argued that Stephen reestablished Bentham's semantic opposition between a code and the common law without giving up on judge-made law.

The progressive restriction of the ius ad bellum: From war as a State to the United Nations system

2025-11-24T19:44:29+01:00

The legal regulation of the instrumental use of war by States is one of the oldest and most widely debated concerns of international law, having undergone constant evolution, parallel to the evolution of the war phenomenon itself with which it is associated. From just war to ius ad bellum, there has been a progressive restriction of the right of States to resort to military force, which reaches its culminating point with the system established by the United Nations Charter.

Undue Influence in Wills in the Modern Age ius commune

2025-11-24T19:47:11+01:00

Roman Law was very tolerant regarding the exertion of influence on the will of testators, especially when no deception was involved. However, ius commune scholars, especially in the framework of the novus usus Pandectarum, made it much easier to have testaments voided on the grounds of undue influence by means of a substantial redefinition of dolus malus. Present-day Spanish civil law codes seem to point at a return to the original Roman approach, but Spanish courts have stuck to the core tenets of the ius commune tradition.

The legal nature of price in the contract of sale: An ancient ius controversum of roman jurisprudence applied to cryptocurrencies

2025-11-24T19:50:32+01:00

This study aims to shed light on a current debate in Spanish and international civil doctrine regarding cryptocurrencies and their role as payment methods and as the price in contracts of sale; a topic of interest from a legal perspective also to specialists in commercial, administrative, criminal, and tax law. The phenomenon of cryptocurrencies has revived an old discussion between the Sabinian and Proculian schools concerning the nature of the price in contracts of sale; namely, whether it should consist solely of money
or could also comprise other goods (Gai. 3, 141). Divergent doctrinal views on the legal nature of cryptocurrencies—i.e., whether they should be considered digital currencies or intangible assets—have led us to examine the Roman sources and the historical-doctrinal formation of the Spanish Civil Code in order to delineate the boundaries between sale and exchange, reflect on the true legal nature of the price as an element of the contract of sale, and specifically analyze whether cryptocurrencies can be regarded as constituting the price in such contracts.

Res iudicata through time: a historical-normative retrospection on its origins, evolution and entrenchment in the Spanish legal system

2025-11-24T19:53:51+01:00

The legal provision concerning the effectiveness attributed to what has been judged in future identical or related lawsuits represents a legal achievement. It fulfills the demand of legal certainty by both preventing a new process on matters already have been judicially decided and binding the judge to the outcome of a prior jurisdictional activity when it logically precedes the object of the case at hand. However, the need to prevent contradictions in judicial matters dates back to ancient Rome, where the concept of res judicata can be traced as a procedural institution, which, in successive historical periods, has been embraced and normatively rooted in the various legal systems of the European continent, as is the case with the Spanish legal system.

Article 10.1 of the Chilean Penal Code of 1874: The influence of the Spanish model

2025-11-24T19:56:37+01:00

This study proposes a comparative analysis of the regulatory evolution of temporary mental disorder as a defence against criminal responsibility in Spain and Chile. It examines the regulations of the criminal codes, the similarities and differences between countries, and the evolution of Chilean doctrine. There has been a strong Spanish influence in Chile from the 19th century to the present day in the regulatory and doctrinal spheres, but the term ‘transient mental disorder’ has not been expressly used in Chilean legislation, even though Chile incorporated this institution before Spain. It has been conceptualised differently in both countries.