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 language | English |
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Pages (from-to) | 250-262 |
Number of pages | 13 |
Journal | Tijdschrift voor Rechtsgeschiedenis-Revue d Histoire du Droit-The Legal History Review |
Volume | 90 |
Issue number | 1-2 |
Early online date | 25 May 2022 |
DOIs | |
Publication status | Published - Jun 2022 |
Keywords
- Court of Friesland
- security rights
- arguments
- network analysis
- SYSTEM
- LAW
- AUTHORITY