Matilde Cazzola's research project examines the role of the 'protection' framework in the British colonial state, focusing on how it facilitated the governance and profitability of the mobility of indentured labourers and indigenous peoples. It highlights that this mobility was regulated and secured by law to remove disorderly or criminal elements, closely linking protection with policing and crime prevention from the early nineteenth century. She also explores the use of protection as a justification for the collection of social knowledge about these groups, which informed social policies and legal measures. more

Our upcoming Max Planck Lecture in Legal History and Legal Theory (on 4 July) will focus on 'The Property/License Interface'. This lecture by Larissa Katz (University of Toronto) is based on a chapter from her forthcoming book on People (Offices) and Things. She insists on the traditional property/licence distinction and explains how these two ideas relate. She argues that the property/licence distinction captures two basic and quite different ways in which someone in an office (whether public or private) can involve others in carrying out their mandate. more

Josef Esser, as a legal theorist, doctrinalist, and comparative lawyer, significantly shaped the legal debates of the post-war period. His concepts of judiciary law and legal reasoning, as well as his textbook on the law of obligations, gained international recognition and influenced many generations of lawyers. However, his activities during the National Socialist era remain largely unexplored. Susanne Paas' research project sheds light on Esser's career from 1933 to 1949, providing exemplary insights into the career paths of legal scholars during this time. more

How has the 'bundle of rights' theory, a cornerstone of property law in the United States, weathered the storm of criticism in the late 20th century? Wenjia Zhao's research project embarks on a journey through the evolution of property rights, from the traditional 'bundle view' to the challenges posed by 'new essentialists.' Her research scrutinizes the clash between enduring legal paradigms and emerging critiques, aiming to uncover whether the bundle view stands on the brink of a conceptual crisis. more

In German-speaking countries, the ‘science’ of law is primarily understood as a normative practice whose primary task is the production of practice-relevant legal doctrine. Since the beginning of the 20th century, however, there has also been a perspective that studies law empirically, i.e. how it is actually applied in society. In his research project, Christian Boulanger explores the history of the sociology of law in Germany and places it in a broader academic context. more

In her research project, Reeju Ray delves into the complex landscape of legal history in India, a field enriched by the contributions of historians, practitioners, jurists and activists. The project aims to map the key contributors to legal history and assess the scope of the discipline, its challenges and opportunities for collaboration. It seeks to provide a comprehensive overview of the existing culture of legal history in India, identifying its various elements and participants. more

The typical sources for legal history, such as court records or laws, are often available in large quantities and with a low average degree of originality, thus representing an obvious body of material for applying Digital Humanities methods. This is discussed in Andreas Wagner’s contribution on ‘Legal History’ in Clio Guides, part of the main German Digital Humanities website for historians. His article provides an overview of the developments of the use of Digital Humanities in legal history and indicates the key collections, institutional players and resources. more

This year, the mpilhlt is be part of the floating science exhibition MS Wissenschaft. The ship has been travelling on German rivers every summer for over 20 years and is dedicated to imparting knowledge with practical exhibitions where visitors can try things out and take part in activities. Celebrating the 75th anniversary of the German Basic Law (Grundgesetz), the theme of this year's exhibition is freedom. A contribution by Marietta Auer provides a theoretical basis for the exhibition. more

We are witnessing how AI can generate incredibly accurate, natural sounding, and grammatically correct text. It also can create convincing images that mimick the texture, damage, and the colours of old photographic paper. But how long until it starts creating entirely realistic historical documents, complete with authentic-looking text? What will the implications be for research? It is time to prepare for this new era writes Rômulo da Silva Ehalt on our blog legalhistoryinsights.com more

How did colonial powers shape labor laws in Australia and India from 1850 to 1950? Prakhar Ganguly's research project explores the intertwining legal landscapes of factories and unions in these distant colonies. He investigates the unique paths of legal transplantation, the clash of cultures, and the lasting impacts of colonial rule on labor regulation. From the gold rush to the gavels of justice, he seeks to uncover the shared histories and divergent destinies of two nations under the British Empire. more

mpilhlt and the American Society for Legal History (ASLH) are pleased to announce a new dissertation prize. It will honour outstanding dissertations on topics in European legal history in global perspective, presented for PhD or JSD degrees awarded in the previous calendar year.  Topics may include European legal interactions with people or places outside Europe, legal processes spanning Europe and other regions of the world, and developments in legal theory closely linked to imperial, transnational or trans-regional trends. The deadline for submissions is 1 June 2024. more

Our next lecture of the Frankfurter Rechtshistorische Abendgespräche will focus on a central but often overlooked aspect of the history and theory of law: The development of legal theory in colonial India and Mandatory Palestine. Assaf Likhovski (Tel Aviv University Faculty of Law) will challenge the Eurocentric focus prevalent in current narratives of the history of modern legal theory and offer a broader perspective on the global development of legal thought. more

Max Planck Law is a network of nine Max Planck Institutes across Germany, dedicated to a wide array of legal research from the anthropology of law to tax law. On May 7 at 4 pm, it will host an Open House event online, designed for early career researchers in law. This 45-minute session will provide an opportunity for participants to engage with one another, share ideas, and pose questions in a professional environment. more

Despite regular reporting on political and economic developments in China, a deeper understanding of the country's culture, history and current intellectual debates falls by the wayside. A research project at mpilhlt is translating contemporary Chinese texts into German and aims to build linguistic and cultural bridges. Previously unheard voices from Chinese academia are thus becoming accessible to a wider audience and a more differentiated picture of China is emerging. more

In his recent blog article ‚Migration and trade: two sides of the same coin?‘, Thomas Duve delves into the historical intertwining of migration and trade, drawing on the insights of the School of Salamanca and its significant figures like Domingo de Soto. He shows how theologians and philosophers of the time advocated for the free movement of goods and people based on the ius gentium. more