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Some legal historians hold the opinion that comparative legal history does not or should not have its own methodology other than that of comparative law.Others warn against imposing on legal history the contemporary agenda and toolbox.The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law the functional one in the domain of legal history.On the basis of several examples from European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways.
Reasons for them included: falling away in the use of Aristotles ancient order of closing speeches, an enormous expansion in eligibility to serve on juries, following the Juries Act 1974, resulting in major adjustment to the way jurors were addressed and to different allusions and references used by advocates; reduction, and eventual abolition, by the Criminal Justice Act, 1988, of peremptory challenge of jurors; prosecutions conducted in greater measured tones and more methodical and less aggressive defences; reduced weight given to police evidence by jurors; less heavy drinking , generally little discussed, by some barristers, and the positive effects of this on their performance in court; a rise of plea bargaining and the need to mitigate effectively after guilty pleas; introduction of Social Enquiry Reports and their effect on pleas in mitigation; the need to make, and respond to, submissions arising out of key changes in evidence and procedure. of Castile, written in the 13th century offers us a great variety of topics which have to be investigated more detailed.
The author of this essay used original archive records of civil cases from the Baranya County Archives, and analyzes the form and content of the dowry in the everyday life during the second half of the 19th century.
Keywords dowry; matrimonial property law; Hungarian legal history; Austrian law in Hungary; emancipation.
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