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- Volume 22, Issue 1, 2020
Pro Memorie - Volume 22, Issue 1, 2020
Volume 22, Issue 1, 2020
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‘Het oordeel van Cambyses’ van Vigor Boucquet
More LessSummaryThe city of Nieuport (Belgian coast) keeps a valuable painting of ‘The Judgement of Cambyses’, a justice scene made by the local painter Vigor Boucquet. It survived the destruction of the city in World War I and II. It’s the city magistrate who offers the artwork to the city in 1671, probably in replacement of an older copy of Gerard David’s famous Judgement of Cambyses. Due to its large dimensions it must have made an overwhelming impression in the magistrates’ court. As a painter Boucquet has recognized but limited talents. He is a true master of colorite in displaying clothing and fabrics. As regards the development of the story he is inspired by the well-known examples of Claes Jacobsz. van der Heck, Martin Faber and Joachim Uytewaal. Different from his predecessors he concentrates more on the story than on the moral lesson. In a certain sense this baroque master returns to the medieval cruelty of Gerard David, avoided by the Renaissance masters.
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Van Vaderland en Vreemdeling
By J.M. MiloSummaryOld Dutch law illustrates the dynamics in law between ‘own’ and ‘other’ law, between universality and particularity, private and public interests.
The stranger happened to be underprivileged in old Dutch substantive as well as procedural private law – more and longer than usually thought. In paricular strangers from near and far were easily taken into debtor’s arrest, on their person and property, based on the creditor’s own local and customary law. Out of the amalgam of old Dutch law the Learned (Roman) law counterbalanced post factum by providing fundamental arguments of universal value against debtor’s arrest, on the free market of trade and law.fn1Dit opstel is een bewerking van de rede gehouden ter gelegenheid van de aanvaarding van de eerste wisselleerstoel Oudvaderlands recht, uitgesproken aan de Universiteit Gent op 6 december 2018.
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Cassatieberoepen tegen criminele vonnissen en arresten in het Scheldedepartement, 1796-1813
More LessSummaryIn the Scheldt department (Département de l’Escaut), cassation appeal for violation of law against criminal judgments by a Criminal Court was introduced in 1796 and could be made by both the convicted and the Public Prosecution Service. In total, 265 (16, 6%) of the 1595 criminal judgments were appealed in cassation by 373 criminal convicted persons and in 12 cases by the Public Prosecution Service. Of those 265 cassation appeals, 236 (89%) were rejected and 29 (11%) were accepted. The motives that the Court of Cassation applied to aside these 29 judgments were very diverse and related to the violations of law that both the lower investigative bodies and the judges of the Criminal Court had committed in the course of criminal proceedings.
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