Editorial

Rechtsgeschichte – Legal History, this is the new name of our review. The expansion of the title is not merely a concession to the Zeitgeist. Rather, it expresses what its predecessor, Ius Commune, perhaps better suggested, namely that legal history cannot be confined to one region or to one language area. On the contrary, in this field one can discern an extensive diachronic act of translation, a continual process of appropriation, which scarcely recognises geographical, cultural or linguistic boundaries. The multi-lingual character of the history of law must be reflected in the correspondingly multi-lingual character of legal history. Accordingly, in the future we will continue, as a deliberate policy, to give space – rather more than was previously the case – not to just one or two but to many different languages.

Rechtsgeschichte has changed also in another respect: the page layout is different, there is more room for footnotes, and it has a new internal structure. Moreover, the review will now appear annually, both in book format and in open-access. To continue to offer Rechtsgeschichte – Legal History in printed format, despite immediate, unlimited electronic availability, was particularly important to us. But it will now be possible to read our work without delay also in locations where the volumes were previously unavailable, not least by our collaborators outside Europe. Both publication formats will, however, run parallel in the future, provided that our readers continue to order the printed version – or indeed decide now to take out a subscription for the first time. Whether a print culture will continue to exist in the world of research depends on all of us!

Picture series will be found only in the printed volumes. This year ten illustrations should reveal the subjectivity of our world views as well as some cosmologies which have in the meantime become foreign to us. At the beginning stands a three-part depiction of the world in a format attributed to Isidore of Seville but which derives from a pre-Christian tradition that subsequently has often been reproduced. There follow world views from various observational perspectives, sacred visions of the cosmos from America and Europe, documents proudly setting out the measurement of the world from the high age of colonialism. The series of illustrations ends with an example of contemporary political cartography. All these pictures reveal to us that the world does not have a single centre, but many. It ought to be a particularly important objective of historical research to reflect on the relativity of our world views. The introductory contribution, which is devoted to »European legal history« and global perspectives on the legal history of Europe, is in no small measure addressed to this question. It also contains a rather more extensive analysis of the concept of »European legal history« advanced by Helmut Coing, the first director of the Institute and founder of the review Ius Commune, who would have celebrated his 100th birthday this year. It is hoped it may be treated as an impulse to a new debate on how we can write a satisfactory contemporary legal history of Europe as a global region.

The contributions to the Research section demonstrate in various ways the interconnection of legal histories both within and outside of Europe. Through his assessment of the research project on the legal history of South East Europe, carried out within the parameters of the Centre of Excellence for the Construction of Normative Orders, Michael Stolleis thereby also provides a short administrative history of the region. George Rodrigo Bandeira Galindo develops his thoughts on the relationship between theory and history through the example of the historiography of international law which has been set in motion by the critical impulses emerging from post-colonial studies. Jakob Fortunat Stagl leads us deep into the legal history of the British Empire as colonial power. On the basis of very different subjects – the early modern Catholic missions and their texts, and the translation of German legal literature and its influence on positive criminal law at the beginning of the 20th century – the contributions from Michael Sievernich and Daniel Cesano demonstrate the importance of the process of translation for legal history. Their articles, as also the works published in the Focus section, can be read as a demonstration that a clear distinction between European and Latin American legal history is hardly possible, and that in its place there must emerge a different perspective which does not rest on a geographical foundation. The same can be said Probati auctores, has described an early modern practice which is remarkable in its historical context. With the answer of the lawyer-Pope Benedict XIV to the Archbishop of Santo Domingo of 1774 which he discusses, he simultaneously provides a further example, sharing many points in common with the text of Michael Sievernich, of the attempts made by the world Church to keep the claims of universality and processes of local application in balance within a universally conceived legal system.

In this year’s Focus, which is devoted to »Models of social private law in Latin America and Europe in the first half of the 20th century«, we are publishing some contributions to a research project which addresses the forms of exchange between Latin America and Europe within the history of private law.

In Forum, which should henceforth alternate with real Debates, we have opened up the question of the new perspectives which the recently opened Vatican Archives hold out for global research addressed particularly to questions of normativity. The response to the invitation conceived by Benedetta Albani was very great, and we were able to take account of the major part of the contributions offered, thus covering a wide thematic and chronological spectrum.

Finally, in Critique, we try, as before, to assemble outspoken reviews on current legal-historical publications.

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The Papacy as a global Power in European Court Society

As a consequence of the Reformation and the Council of Trent, the Papacy developed a better organized and more professional diplomacy, which was based on the institution of nunciatures. Gregory XIII (1572–1585) and Clement VIII (1592–1605) raised the foundations of an organizational model that remained substantially unchanged until the 19th century.1 Nunciatures were not exactly embassies, because they worked not only as representations to other princes, but also as jurisdictional offices in charge of collecting taxes and juridical affaires.2 Consequently, they were potent centers of influential networks that attached local elites with Rome all around Europe in the Modern Age.

Nunciatures have been largely researched since the mid-19th century and their sources are well known to European historiography. Nevertheless, the scope of almost every study has been a single nunciature along national historical lines or the development of nunciatures in a given pontificate.3 In this sense, a global perspective is required in order to widen our comprehension and draw a comparison with the progress of the diplomatic services of secular powers.

Our aim is not to contribute to the vivid discussion about the definition and differences between »world history« and »global history«,4 but to propose useful tools and a framework for researching the birth of modern Vatican diplomacy from a global perspective. Analysing power organization in the 16th and 17th centuries requires the use of terms and concepts related to the Court world. The princely courts of Europe had their ideal in Rome, the biggest political centre of that time and the most complex and dynamic court of the Old Continent.5

From the mid-15th century onwards, the Church developed a consistent attempt for building a modern political power as her lay neighbours were struggling to.6 Beyond the diplomatic order there was a peculiar logic that Papal representatives maintained and cultivated: the courtly ethos. Nuncios and legates were not aristocrats but clergymen. Nevertheless, they perfectly knew the monarchical protocol and took profit of court factions, just as happened in Rome. Their image was far from that of a humble friar, because most of them were cardinals or high bureaucrats of Roman administration. They acted as princes of the Church, with their own little (or not so little) court.

The importance of this courtly dynamic lies in the fact that it provides a framework for comparative analysis with the secular monarchies of the time. This let us to pose the question of the existence of models of negotiations, or the ability of nuncios to manipulate the factional disputes of the court where they resided. Moreover, another aspect of the problem is whether they had different means and tools than ambassadors at their disposal.7 In other words, did the nuncios (with their spiritual powers and networking in the Curia) have a comparative advantage for negotiating over their lay colleagues?

A second question implies how these court circumstances molded and adapted the general strategy and objectives of the Popes. It is vital to emphasize the interconnectedness of the global features with the most concrete ones for avoiding the risk of too general statements. An example is | offered by the publication and enforcement of the Tridentine decrees in the Catholic monarchies. The confessional context of Madrid, Paris and Vienna was very diverse and so was the pressure exerted by the nuncios. As masters of court balances of power, these diplomats resorted to non-institutional and discreet means of implementing their confessional agendas. They sought the support of the most »papist« courtesans and strived to create a climate of opinion favorable to their goals.8 An ambitious comparative research would shed light on the actual mechanics, progress and setbacks of the political side of Counterreformation.

On a larger scale, the projects of the Papacy in the Early Modern Age went far beyond Old Europe. A comparison with the Spanish Monarchy seems to be opportune, as both were the only world powers at the beginning of the »first global era«, both with a project of dominion of a political or confessional nature. The history of the Catholic missions has been widely developed and offers the most »global« conclusions for an Early Modern Pontificate. Furthermore, the establishment of the Congregation of Propaganda Fide in 1622 clarified the missionary strategy.

An interesting point for discussion and study relates to the establishment of contacts with the peoples to evangelize. Those cultural encounters can be compared with similar experiences of the Portuguese and Spaniards in Asia, Africa and America. The first steps had a diplomatic ceremony: salutations, meeting with the local ruler and the exchange of gifts. Missionaries were not alone, for also formal embassies were sent to such diverse places as Moscow, the Congo, China or Persia.9 The function of Papal envoys as court agents in those remote lands can be paralleled with European examples and with the colonial contacts developed by secular Western powers. That allows us to assert a model of worldwide political relations and to individuate the differences caused by the confessional factor.

As can be seen, the »Court Studies« approach favours the development of several research agendas related with Early Modern Papacy. In this sense, we think that global history offers an ambitious and profitable methodology that needs, at the same time, a tight guideline for rendering innovative results and connection with the latest trends in political research. Thus, the Holy See can be understood as a global power only in the frame of a European Court Society.

Bibliography

Andretta, S. et al. (eds.) (2010), Paroles de négociateurs: l’entretien dans la pratique diplomatique de la fin du Moyen âge à la fin du XIXe siècle, Rome
Crossley, P. K. (2007), What is Global History? Cambridge
Giordano, S. (2003), Le istruzioni generali di Paolo V ai diplomatici pontifici, 1605–1621, Tübingen
Gray, R. (1999), A Kongo Princess, the Kongo Ambassadors and the Papacy, in: Journal of Religion in Africa 29/2 (1999) 140–154 DOI: 10.2307/1581869
Prodi, P. (1987), The Papal Prince. One Body and Two Souls: the Papal Monarchy in Early Modern Europe, Cambridge
Riccardi, L. (2000), An outline of Vatican diplomacy in the early modern age, in: Frigo, D. (ed.), Politics and Diplomacy in Early Modern Italy: The Structure of Diplomatic Practice, 1450–1800, Cambridge, 95–108
Signorotto, G., M. A. Visceglia (eds.) (2002), Court and Politics in Papal Rome, 1492–1700, Cambridge
Winkelbauer, T. (1999), Fürst und Fürstendiener Gundaker von Liechtenstein, ein österreichischer Aristokrat des konfessionellen Zeitalters, Wien
1. Riccardi (2000).
2. »No solo per giovamento della Sede Apostolica, ma della Republica Christiana, è più necessario esser buon giudice che buon ambasc.re perche perdutasi la Giurisdittione, e l’autorità, cessa il bisogno, che li Principi hanno di star bene con questa Santa Sede, manca la riverenza, il riguardo, e l’affettion loro verso di esso«. Cardinal Ludovisi to nuncio Del Sangro, Rome, October 6, 1621, ASV, Fondo Pio, lib. 69, p. 85.
3. As an example, the German Historical Institute in Rome has published impressive collections of edited sources from the nunciatures.
4. Crossley (2007) 106–120. For a very critical review of this book, Fernández Armesto, F., Journal of Global History 5 (2010) 349–351.
5. Signorotto/Visceglia (2002) 53–98.
6. Prodi (1987) 157–181.
7. Andretta (2010) 151–191.
8. Winkelbauer (1999) 58–96.
9. Gray (1999); Giordano (2003) I, 92–93, 135.
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