Theodore Zeldin
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198221777
- eISBN:
- 9780191678493
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198221777.003.0004
- Subject:
- History, European Modern History
This chapter describes another occupation that was regarded, as having a key position in social, political, and economic life, and that was of the notary. The traditional picture of a notary is of a ...
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This chapter describes another occupation that was regarded, as having a key position in social, political, and economic life, and that was of the notary. The traditional picture of a notary is of a stable, respectable, conservative, and well-to-do man exercising a profound and acknowledged influence on the masses. In order to become a notary one needed no diploma and even today the majority of notaries do not have a school-leaving certificate (baccalauréat). This chapter also discusses the role of notaries in society in terms of how it has varied considerably in different regions and at different times. Most recently the notaries have emerged as a pressure group, organized at last as a trade union. The chapter also informs us that in 1934 a series of conférences générales des notaires were established as a ‘melting-pot of ideas and a centre of intellectual activity’. These have urged notaries to take a larger part in the social, economic, and political life of the nation.Less
This chapter describes another occupation that was regarded, as having a key position in social, political, and economic life, and that was of the notary. The traditional picture of a notary is of a stable, respectable, conservative, and well-to-do man exercising a profound and acknowledged influence on the masses. In order to become a notary one needed no diploma and even today the majority of notaries do not have a school-leaving certificate (baccalauréat). This chapter also discusses the role of notaries in society in terms of how it has varied considerably in different regions and at different times. Most recently the notaries have emerged as a pressure group, organized at last as a trade union. The chapter also informs us that in 1934 a series of conférences générales des notaires were established as a ‘melting-pot of ideas and a centre of intellectual activity’. These have urged notaries to take a larger part in the social, economic, and political life of the nation.
Philip T. Hoffman, Gilles Postel-Vinay, and Jean-Laurent Rosenthal
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780691182179
- eISBN:
- 9780691185057
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691182179.003.0003
- Subject:
- Business and Management, Business History
This chapter talks about how in the long buildup to the 1780s, the economy had been growing, along with the population, literacy rates, and inequality. At the same time, the volume of private lending ...
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This chapter talks about how in the long buildup to the 1780s, the economy had been growing, along with the population, literacy rates, and inequality. At the same time, the volume of private lending had soared, particularly in cities, and more so in Paris than anywhere else. But lending in 1780 was not simply a city affair, for loans were made throughout France. In fact, in 1780, eighty percent of borrowers still got their loans in communities of fewer than five thousand inhabitants. The volume of new debt was centralized in cities, even though loans themselves were still dispersed across small towns and villages. In short, the credit market was diverse, and it was changing, in ways that affected the types of loan contracts that lenders and borrowers chose and the services that notaries provided.Less
This chapter talks about how in the long buildup to the 1780s, the economy had been growing, along with the population, literacy rates, and inequality. At the same time, the volume of private lending had soared, particularly in cities, and more so in Paris than anywhere else. But lending in 1780 was not simply a city affair, for loans were made throughout France. In fact, in 1780, eighty percent of borrowers still got their loans in communities of fewer than five thousand inhabitants. The volume of new debt was centralized in cities, even though loans themselves were still dispersed across small towns and villages. In short, the credit market was diverse, and it was changing, in ways that affected the types of loan contracts that lenders and borrowers chose and the services that notaries provided.
Philip T. Hoffman, Gilles Postel-Vinay, and Jean-Laurent Rosenthal
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780691182179
- eISBN:
- 9780691185057
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691182179.003.0008
- Subject:
- Business and Management, Business History
This chapter shows that there were two conceivable ways that banks could have engaged in lending. First, they could have entered the mortgage market as lenders but not relied on a notary to do ...
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This chapter shows that there were two conceivable ways that banks could have engaged in lending. First, they could have entered the mortgage market as lenders but not relied on a notary to do anything except draw up the loan contracts. At the other extreme, banks might not have competed at all with notaries; rather, their short-term commercial loans might have complemented the notaries' business in arranging mortgages. The chapter examines both possibilities, along with more realistic alternatives between the two extremes, including one in which notaries tried to compete with banks. Notaries, however, were not driven out of business by banks. Many notaries were in fact tempted to take money on deposit and start making short-term loans, at least until the 1880s, when the government enforced prohibitions on the practice.Less
This chapter shows that there were two conceivable ways that banks could have engaged in lending. First, they could have entered the mortgage market as lenders but not relied on a notary to do anything except draw up the loan contracts. At the other extreme, banks might not have competed at all with notaries; rather, their short-term commercial loans might have complemented the notaries' business in arranging mortgages. The chapter examines both possibilities, along with more realistic alternatives between the two extremes, including one in which notaries tried to compete with banks. Notaries, however, were not driven out of business by banks. Many notaries were in fact tempted to take money on deposit and start making short-term loans, at least until the 1880s, when the government enforced prohibitions on the practice.
Nigel Saul
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199215980
- eISBN:
- 9780191710001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199215980.003.0011
- Subject:
- History, History of Religion
This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two ...
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This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two groups comprising the order of the coif — show the commemorated in their professional attire, indicating a perception of that attire as a mark of status. The monuments of two other groups — the notaries and apprentices, likewise show their subjects in professional attire — the apprentices being recognisable by their tall puffed hat. Below the level of the apprentices, the local attorneys wore no professional attire and are recognisable only from the descriptions of status on their epitaphs. At all levels, the lawyers were torn between a professional and a gentry identity. Among the attorneys it was the gentry identity that triumphed.Less
This chapter argues that the monuments of lawyers afford valuable insights into the self-image and identity of the professional men of law. The monuments of the judges and sergeants at law — the two groups comprising the order of the coif — show the commemorated in their professional attire, indicating a perception of that attire as a mark of status. The monuments of two other groups — the notaries and apprentices, likewise show their subjects in professional attire — the apprentices being recognisable by their tall puffed hat. Below the level of the apprentices, the local attorneys wore no professional attire and are recognisable only from the descriptions of status on their epitaphs. At all levels, the lawyers were torn between a professional and a gentry identity. Among the attorneys it was the gentry identity that triumphed.
Samuel K. Cohn
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574025
- eISBN:
- 9780191722530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574025.003.0005
- Subject:
- History, European Early Modern History
The chapter turns to northern Italy, where the majority of 1575–8 plague tracks were written and which broke physicians' near monopoly over these manuals, with bishops, parish priests, government ...
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The chapter turns to northern Italy, where the majority of 1575–8 plague tracks were written and which broke physicians' near monopoly over these manuals, with bishops, parish priests, government administrators, gate‐guards, and especially notaries joining the chorus. These new works mostly shunned erudite definitions, ‘remote’ causes, and Galenic notions of humours and air. They tracked the paths by which plague spread to an author's city and then employed health office records to trace the disease's mounting mortality and reactions to plague from administrative decrees to religious processions. Within the narrative structure formed by death statistics, they portrayed the collective psychology of their cities and told stories of the bizarre and of the writers' own mental anguish.Less
The chapter turns to northern Italy, where the majority of 1575–8 plague tracks were written and which broke physicians' near monopoly over these manuals, with bishops, parish priests, government administrators, gate‐guards, and especially notaries joining the chorus. These new works mostly shunned erudite definitions, ‘remote’ causes, and Galenic notions of humours and air. They tracked the paths by which plague spread to an author's city and then employed health office records to trace the disease's mounting mortality and reactions to plague from administrative decrees to religious processions. Within the narrative structure formed by death statistics, they portrayed the collective psychology of their cities and told stories of the bizarre and of the writers' own mental anguish.
William Doyle
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198205364
- eISBN:
- 9780191676598
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205364.003.0010
- Subject:
- History, European Early Modern History
Two centuries after the Constitution of 1791 proclaimed its abolition, something close to venality of public offices continues to operate in crucial areas of French life. In one of those areas it ...
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Two centuries after the Constitution of 1791 proclaimed its abolition, something close to venality of public offices continues to operate in crucial areas of French life. In one of those areas it never really disappeared. Even the constituents, for whom devenalizing national institutions was an article of faith, thought new notaries should put up caution money. As they pocketed compensation for the loss of functions they still exercised, notaries continued quietly to sell their practices to the highest bidder. Only under the Fifth Republic was any dent been made in this seemingly impregnable edifice, and then only because it was relatively cost-free. Two functions of the venal system before 1789 were recruiting public servants and newcomers to social elites. Once the French Revolution was launched, the experience of venality under the old order helped to determine the way it went. The arguments against venality were ideas whose time had come, although the change in perceptions was not peculiar to France.Less
Two centuries after the Constitution of 1791 proclaimed its abolition, something close to venality of public offices continues to operate in crucial areas of French life. In one of those areas it never really disappeared. Even the constituents, for whom devenalizing national institutions was an article of faith, thought new notaries should put up caution money. As they pocketed compensation for the loss of functions they still exercised, notaries continued quietly to sell their practices to the highest bidder. Only under the Fifth Republic was any dent been made in this seemingly impregnable edifice, and then only because it was relatively cost-free. Two functions of the venal system before 1789 were recruiting public servants and newcomers to social elites. Once the French Revolution was launched, the experience of venality under the old order helped to determine the way it went. The arguments against venality were ideas whose time had come, although the change in perceptions was not peculiar to France.
Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi
Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804774956
- eISBN:
- 9780804796552
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804774956.003.0003
- Subject:
- Law, Comparative Law
This chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication.
This chapter discusses legal education, the legal profession, and the magistratura, as they existed at the time of publication.
Alan Bullock and F. W. D. Deakin
- Published in print:
- 1973
- Published Online:
- October 2011
- ISBN:
- 9780198221043
- eISBN:
- 9780191678400
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198221043.003.0004
- Subject:
- History, European Modern History
Another occupation that was regarded as having a key position in social, political, and economic life was that of the notary. The traditional picture of the notary is of a stable, respectable, ...
More
Another occupation that was regarded as having a key position in social, political, and economic life was that of the notary. The traditional picture of the notary is of a stable, respectable, conservative, and well-to-do man exercising a profound and acknowledged influence on the masses. Notaries had a decisive influence on the economic development of the country through their control of the small man's investments. The simple view of the notary as a representative of bourgeois law, order, and domination is clearly a myth of wishful thinking created by the conservatives themselves. The role of notaries in society has varied considerably in different regions and at different times. Most recently the notaries have emerged as a pressure group, organised at last in a trade union.Less
Another occupation that was regarded as having a key position in social, political, and economic life was that of the notary. The traditional picture of the notary is of a stable, respectable, conservative, and well-to-do man exercising a profound and acknowledged influence on the masses. Notaries had a decisive influence on the economic development of the country through their control of the small man's investments. The simple view of the notary as a representative of bourgeois law, order, and domination is clearly a myth of wishful thinking created by the conservatives themselves. The role of notaries in society has varied considerably in different regions and at different times. Most recently the notaries have emerged as a pressure group, organised at last in a trade union.
Kenneth G C Reid, Marius J. de Waal, and Reinhard Zimmermann (eds)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.001.0001
- Subject:
- Law, Company and Commercial Law
This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are ...
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This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are the rules — as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.Less
This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are the rules — as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.
Reem A. Meshal
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9789774166174
- eISBN:
- 9781617975509
- Item type:
- chapter
- Publisher:
- American University in Cairo Press
- DOI:
- 10.5743/cairo/9789774166174.003.0005
- Subject:
- Law, Legal History
In the course of the sixteenth and seventeenth centuries, written legal documents were transformed from a privilege of the elite to an everyday necessity. Marriages, divorces, tax records, and ...
More
In the course of the sixteenth and seventeenth centuries, written legal documents were transformed from a privilege of the elite to an everyday necessity. Marriages, divorces, tax records, and inheritance settlements all came to be routinely documented in writing. A professional class of scribes and witnesses grew up to support the demand for legal documentation. The traditional preference for the oral testimony of eyewitnesses to a contract, in the event of a later dispute, eventually disappeared in favor of suitably witnessed written documents safeguarded in an official repository.Less
In the course of the sixteenth and seventeenth centuries, written legal documents were transformed from a privilege of the elite to an everyday necessity. Marriages, divorces, tax records, and inheritance settlements all came to be routinely documented in writing. A professional class of scribes and witnesses grew up to support the demand for legal documentation. The traditional preference for the oral testimony of eyewitnesses to a contract, in the event of a later dispute, eventually disappeared in favor of suitably witnessed written documents safeguarded in an official repository.
Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199288489
- eISBN:
- 9780191700514
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288489.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation ...
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This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation of Mexican legal education. Finally, the chapter describes two types of legal practitioners in Mexico: the attorneys and notaries public. The admissions requirements, functions, regulatory systems, fee practices, and professional associations of each group of practitioners are discussed.Less
This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation of Mexican legal education. Finally, the chapter describes two types of legal practitioners in Mexico: the attorneys and notaries public. The admissions requirements, functions, regulatory systems, fee practices, and professional associations of each group of practitioners are discussed.
Peter Dale and John McLaughlin
- Published in print:
- 2000
- Published Online:
- November 2020
- ISBN:
- 9780198233909
- eISBN:
- 9780191916502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198233909.003.0017
- Subject:
- Earth Sciences and Geography, Economic Geography
The role of property in fostering good governance, robust economies, and strong civil societies has received fresh attention in the wake of the dramatic global changes ...
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The role of property in fostering good governance, robust economies, and strong civil societies has received fresh attention in the wake of the dramatic global changes that have occurred during the past decade. Innovative and cost effective ways to formalize property rights have emerged, linking these with new strategies and tools for building and maintaining the infrastructure necessary for sustaining a property regime. Land administration functions have been re-engineered and there have been legal reforms that have focused on modernizing, standardizing, and simplifying legislation relating to land and property. There have been new concepts of risk management, the introduction of new technologies, and a variety of organizational reforms. Many of these reforms have been the consequence of political changes, especially as a result of the collapse of communism, the adoption of a market driven approach to the economy and the impact of information technology. The processes of re-engineering have focused on a diverse package of measures dealing with land tenure security, land and property transactions, and access to credit. They have also been concerned with the provision of support for physical planning, the sustainable management and control of land use and of natural resources, and facilitating real property taxation. Internationally funded projects have also been concerned with the protection of the environment, the provision of land for all people whatever their gender but especially for the poor and ethnic minorities, and the prevention of land speculation and the avoidance of land disputes. As Burns et al. have reported: . . . The policy environment for land titling projects is becoming more complex, and a range of issues must now be addressed if a project is to pass through a Multilateral or Bilateral funding agency’s approval process. These include impact on gender, impact on the environment, resettlement requirements and impact on indigenous groups (Burns et al 1996). . . . Gender issues, fix example, are becoming increasingly important with the international funding institutions demanding that gender equity be present both in law and in practice; this requires performance indicators to demonstrate compliance with the regulations.
Less
The role of property in fostering good governance, robust economies, and strong civil societies has received fresh attention in the wake of the dramatic global changes that have occurred during the past decade. Innovative and cost effective ways to formalize property rights have emerged, linking these with new strategies and tools for building and maintaining the infrastructure necessary for sustaining a property regime. Land administration functions have been re-engineered and there have been legal reforms that have focused on modernizing, standardizing, and simplifying legislation relating to land and property. There have been new concepts of risk management, the introduction of new technologies, and a variety of organizational reforms. Many of these reforms have been the consequence of political changes, especially as a result of the collapse of communism, the adoption of a market driven approach to the economy and the impact of information technology. The processes of re-engineering have focused on a diverse package of measures dealing with land tenure security, land and property transactions, and access to credit. They have also been concerned with the provision of support for physical planning, the sustainable management and control of land use and of natural resources, and facilitating real property taxation. Internationally funded projects have also been concerned with the protection of the environment, the provision of land for all people whatever their gender but especially for the poor and ethnic minorities, and the prevention of land speculation and the avoidance of land disputes. As Burns et al. have reported: . . . The policy environment for land titling projects is becoming more complex, and a range of issues must now be addressed if a project is to pass through a Multilateral or Bilateral funding agency’s approval process. These include impact on gender, impact on the environment, resettlement requirements and impact on indigenous groups (Burns et al 1996). . . . Gender issues, fix example, are becoming increasingly important with the international funding institutions demanding that gender equity be present both in law and in practice; this requires performance indicators to demonstrate compliance with the regulations.
Christopher Eyre
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199673896
- eISBN:
- 9780191761478
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673896.003.0004
- Subject:
- Classical Studies, Archaeology: Classical
This chapter examines the issue of royal documents to authorize administrative action, and to establish the legal framework establishing endowments of property. It then addresses the development of ...
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This chapter examines the issue of royal documents to authorize administrative action, and to establish the legal framework establishing endowments of property. It then addresses the development of private use of written documents in property transactions, stressing in all cases their nature as procès verbal of essentially oral transactions. It examines the procedures for use of writing in legal contexts, and considers the extent to which the written text might serve as a formal record or autonomous witness to a transaction. It emphasizes the importance of publication of such texts in inscriptional form as evidence for and reification of their force as witness.Less
This chapter examines the issue of royal documents to authorize administrative action, and to establish the legal framework establishing endowments of property. It then addresses the development of private use of written documents in property transactions, stressing in all cases their nature as procès verbal of essentially oral transactions. It examines the procedures for use of writing in legal contexts, and considers the extent to which the written text might serve as a formal record or autonomous witness to a transaction. It emphasizes the importance of publication of such texts in inscriptional form as evidence for and reification of their force as witness.
Paula A. Monopoli
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780190092795
- eISBN:
- 9780190092825
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190092795.003.0007
- Subject:
- Law, Constitutional and Administrative Law
Chapter 6 considers the same issue as Chapter 5, except within the context of the right to hold public office. Many suffragists characterized the ratification of the Nineteenth Amendment as having ...
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Chapter 6 considers the same issue as Chapter 5, except within the context of the right to hold public office. Many suffragists characterized the ratification of the Nineteenth Amendment as having secured their political liberty or freedom. Yet, as both Chapter 5 and Chapter 6 explain, that understanding of the meaning and scope of the Nineteenth Amendment was not shared by many state courts. Much as they had used statutory construction to limit the potential impact of the Nineteenth Amendment on women’s eligibility for jury service, many state courts embraced a constricted view of the scope of the Nineteenth Amendment on other political rights beyond voting, like holding elective or appointive office. This ensured the continuation of women’s partialized citizenship for decades after ratification of the Nineteenth Amendment.Less
Chapter 6 considers the same issue as Chapter 5, except within the context of the right to hold public office. Many suffragists characterized the ratification of the Nineteenth Amendment as having secured their political liberty or freedom. Yet, as both Chapter 5 and Chapter 6 explain, that understanding of the meaning and scope of the Nineteenth Amendment was not shared by many state courts. Much as they had used statutory construction to limit the potential impact of the Nineteenth Amendment on women’s eligibility for jury service, many state courts embraced a constricted view of the scope of the Nineteenth Amendment on other political rights beyond voting, like holding elective or appointive office. This ensured the continuation of women’s partialized citizenship for decades after ratification of the Nineteenth Amendment.
Micaela Langellotti
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780197266779
- eISBN:
- 9780191916069
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266779.003.0006
- Subject:
- Sociology, Urban and Rural Studies
Record-offices called grapheia are documented in villages in Egypt as early as the second century BC until well into the third century AD. This chapter investigates the role and nature of the ...
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Record-offices called grapheia are documented in villages in Egypt as early as the second century BC until well into the third century AD. This chapter investigates the role and nature of the grapheia documented in villages in the first three centuries of Roman rule (AD I-III), with a focus on Tebtunis, in order to establish what difference they made to the functioning of villages as independent communities and to what extent they provided village society with some form of self-administration.Less
Record-offices called grapheia are documented in villages in Egypt as early as the second century BC until well into the third century AD. This chapter investigates the role and nature of the grapheia documented in villages in the first three centuries of Roman rule (AD I-III), with a focus on Tebtunis, in order to establish what difference they made to the functioning of villages as independent communities and to what extent they provided village society with some form of self-administration.
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226077598
- eISBN:
- 9780226077611
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226077611.003.0009
- Subject:
- History, European Medieval History
By the beginning of the fourteenth century, lawyers turn up everywhere in contemporary documents. This is no doubt partly an artifact of the records, since activities that involved advocates, ...
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By the beginning of the fourteenth century, lawyers turn up everywhere in contemporary documents. This is no doubt partly an artifact of the records, since activities that involved advocates, proctors, judges, and notaries produced enormous masses of written matter. The great majority of all surviving medieval records are in fact legal documents of one sort or another. While their prominence in the records may give an exaggerated impression of their ubiquity, professional lawyers, judges, and notaries constituted a substantial and prosperous element within most late medieval towns and cities whose population records have been studied. Papal courts and tribunals required the services of substantial numbers of trained lawyers, as did administrative offices, where they were commonly deemed more flexible and tactful than theologians.Less
By the beginning of the fourteenth century, lawyers turn up everywhere in contemporary documents. This is no doubt partly an artifact of the records, since activities that involved advocates, proctors, judges, and notaries produced enormous masses of written matter. The great majority of all surviving medieval records are in fact legal documents of one sort or another. While their prominence in the records may give an exaggerated impression of their ubiquity, professional lawyers, judges, and notaries constituted a substantial and prosperous element within most late medieval towns and cities whose population records have been studied. Papal courts and tribunals required the services of substantial numbers of trained lawyers, as did administrative offices, where they were commonly deemed more flexible and tactful than theologians.
Mark Z. Christensen
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780804785280
- eISBN:
- 9780804787314
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804785280.003.0008
- Subject:
- History, Latin American History
This chapter uses Nahua and Maya last will and testaments to expose the similarities and differences in how natives experienced Catholicism upon dying. It examines the preambles of testaments and ...
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This chapter uses Nahua and Maya last will and testaments to expose the similarities and differences in how natives experienced Catholicism upon dying. It examines the preambles of testaments and their religious content to better understand the roles of both the notary and testator in determining the posthumous care of the soul. Furthermore, the chapter demonstrates how Nahua testators had greater access to Catholic rituals and traditions upon dying than the Maya.Less
This chapter uses Nahua and Maya last will and testaments to expose the similarities and differences in how natives experienced Catholicism upon dying. It examines the preambles of testaments and their religious content to better understand the roles of both the notary and testator in determining the posthumous care of the soul. Furthermore, the chapter demonstrates how Nahua testators had greater access to Catholic rituals and traditions upon dying than the Maya.
Tamar Herzog
- Published in print:
- 2003
- Published Online:
- October 2013
- ISBN:
- 9780300092530
- eISBN:
- 9780300129830
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300092530.003.0003
- Subject:
- Law, Legal History
This chapter focuses on the Spanish conquistadors who, after their arrival in the New World, proclaimed royal jurisdiction over the land and founded new settlements. Standing in open territory and in ...
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This chapter focuses on the Spanish conquistadors who, after their arrival in the New World, proclaimed royal jurisdiction over the land and founded new settlements. Standing in open territory and in the presence of notaries when these were available, expedition commanders announced that, under the authority received from the king, viceroy, or governor, they were founding a settlement. They then set the territorial jurisdiction of the community, nominating the local authorities and dividing the land by plots, assigning sites for the main square, local council hall, and jail. Asking those present if they wished to become citizens, commanders announced that they could do so by presenting themselves to the authorities in the following days. Through this ceremony, new communities came into being before the first cornerstone was ever laid.Less
This chapter focuses on the Spanish conquistadors who, after their arrival in the New World, proclaimed royal jurisdiction over the land and founded new settlements. Standing in open territory and in the presence of notaries when these were available, expedition commanders announced that, under the authority received from the king, viceroy, or governor, they were founding a settlement. They then set the territorial jurisdiction of the community, nominating the local authorities and dividing the land by plots, assigning sites for the main square, local council hall, and jail. Asking those present if they wished to become citizens, commanders announced that they could do so by presenting themselves to the authorities in the following days. Through this ceremony, new communities came into being before the first cornerstone was ever laid.
Jessica M. Marglin
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300218466
- eISBN:
- 9780300225082
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300218466.003.0002
- Subject:
- History, African History
This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects ...
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This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects with increasingly international clout—were received in these institutions. The chapter first focuses on the Jewish quarter where the Assarrafs lived, before exploring the notaries public and Jewish courts that together made up the main institutions applying Jewish law. It then turns to the heart of Fez, where the city's main Islamic legal institutions were situated, before expanding this map to include legal networks on a national and international scale. The map drawn in this chapter thus serves as a reminder of how the different legal orders functioning in Morocco stood in relation to one another.Less
This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects with increasingly international clout—were received in these institutions. The chapter first focuses on the Jewish quarter where the Assarrafs lived, before exploring the notaries public and Jewish courts that together made up the main institutions applying Jewish law. It then turns to the heart of Fez, where the city's main Islamic legal institutions were situated, before expanding this map to include legal networks on a national and international scale. The map drawn in this chapter thus serves as a reminder of how the different legal orders functioning in Morocco stood in relation to one another.
Jessica M. Marglin
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300218466
- eISBN:
- 9780300225082
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300218466.003.0003
- Subject:
- History, African History
This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like ...
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This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like Shalom and Yaʻakov Assarraf used local Islamic legal institutions frequently because of their extensive commercial relations with Muslims. The absence of a formal banking system and the increasingly short supplies of cash, especially in rural areas, meant that Jewish merchants sold most of their wares on credit. In order to ensure that extending credit would be profitable, Jewish merchants relied on shariʻa courts to document and enforce the debts they accumulated. Islamic legal institutions were thus central to how Jewish merchants did business.Less
This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like Shalom and Yaʻakov Assarraf used local Islamic legal institutions frequently because of their extensive commercial relations with Muslims. The absence of a formal banking system and the increasingly short supplies of cash, especially in rural areas, meant that Jewish merchants sold most of their wares on credit. In order to ensure that extending credit would be profitable, Jewish merchants relied on shariʻa courts to document and enforce the debts they accumulated. Islamic legal institutions were thus central to how Jewish merchants did business.