Network analysis in legal history: an example from the Court of Friesland Remarks on the benefits

Hylkje de Jong*, Gijs van Dijck

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

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Abstract

This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more central) in the network than others and to explore the relationship between the references. The lawyers in the three cases from the Court of Friesland appear to have used some references in common when arguing whether security rights (i.e. mortgages) included a right of pursuit and whether the auctioneer could recover the object if the buyer failed to pay.
Original languageEnglish
Pages (from-to)250-262
Number of pages13
JournalTijdschrift voor Rechtsgeschiedenis-Revue d Histoire du Droit-The Legal History Review
Volume90
Issue number1-2
Early online date25 May 2022
DOIs
Publication statusPublished - Jun 2022

Keywords

  • Court of Friesland
  • security rights
  • arguments
  • network analysis
  • SYSTEM
  • LAW
  • AUTHORITY

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