Year: 2022
Type: article
Abstract: Summary 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.
Authors: Hylkje de Jong, Gijs van Dijck
Institutions: Vrije Universiteit Amsterdam, Maastricht University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4281742196