Access to Justice
Legal Aid to the Poor at Civil Law Courts in the Eighteenth-Century Low Countries
Bibliographic Data
| ID | 12072188 |
|---|---|
| Authors | Griet Vermeesch (0000-0002-9989-7561, corresponding author) |
| Year | 2014 |
| Volume | 32 |
| Issue | 3 |
| Pages | 683-714 |
| Publication date | 2014-07-14 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law and History Review (JOURNAL) |
| Journal identifiers | ISSN: 0738-2480 • E-ISSN: 1939-9022 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0738248014000261 |
| OpenAlex | W2142407698 |
| Language | EN |
| Citations received | 5 |
| References cited | 15 |
Medieval and early modern rulers commonly proclaimed that protecting the legal entitlements of the personae miserabiles , who included widows, orphans, the chronically ill and “the poor,” was among their principal duties. The entitlement of the poor to legal services was not a matter of grace but was in fact their “good right.” For example, widows, orphans, and other personae miserabili had the privilege of being heard in first instance before high courts, so as to save time and costs in pursuing their legal claims. Another example of manifest commitment to legal entitlement for the poor was the refusal of Philip II of Habsburg to consent to measures that would limit the jurisdiction of his Castilian chanceries; the measures had been proposed so as to limit the chanceries’ ever-increasing workload, but, because they could also restrict indigents' access to such courts, were rejected by the monarch. At first glance, such inclusiveness appears to have been achieved, particularly in view of the large numbers of petty conflicts brought before formal law courts during the long sixteenth century, leading to a so-called “legal revolution.” Historians generally acknowledge that broad layers of early modern society made abundant use of civil adjudication in arranging their social and economic relations and interests
Adjudication · Economic Justice · Economics · Entitlement (fair division · Jurisdiction · Legal history · Pleading · Political science · Privilege (computing · Historical Legal Studies and Society · Law · Medieval and Early Modern Justice · Reformation and Early Modern Christianity
The poor of eighteenth-century France 1750-1789
Social Change and the Labouring Poor
Lawsuits and Litigants in Castile, 1500-1700
Der "Arme Mann" (Pauper) Im Prozessrecht Der Grafen Und Herzoge Von Savoyen
Professional Lobbying in Eighteenth-century Brussels
The first modern society. Essays in English history in honour of Lawrence Stone
Legal aid for the poor and the professionalization of law in the middle ages
The Deflation in the Volume of Litigation at Paris in the Eighteenth Century and the Waning of the Old Judicial Order
The Decline of Public Insult in London 1660-1800
Civil Litigation and Modernization
Credit and the courts
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,45 |
| Citation span | 2015 - 2022 (8) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |