Charles Donahue

Paul A. Freund Professor of Law

Biography

After graduating from Portsmouth Priory (now Abbey) School in Rhode Island, where I had the benefit of a thoroughly old-fashioned classical education, I attended Harvard College and concentrated in Classics and English. From Harvard, I went to the Yale Law School, which allowed me to spend virtually all of my third year in the Graduate School. I worked with two extraordinary legal historians, W. H. Dunham in English legal and constitutional history and Stephan Kuttner in the history of medieval canon law. A military obligation took me to Washington, where I worked for two years as an attorney-advisor in the office of the General Counsel of the Air Force and for a year as Assistant General Counsel of the President’s Commission on Postal Organization. The completion of the military obligation brought me to a crossroads, and after thinking seriously about staying in Washington in private practice, I joined the faculty of the University of Michigan Law School, with the intention, since fulfilled, of becoming a legal historian. I visited at the Harvard Law School 1978–9 and joined the faculty full-time in January of 1980.

My interests range broadly over the field of private law, but history and property seem to go together, and I have taught first-year property now for more than fifty years. Other than that, my teaching and research have been in the area of European legal history. I regularly offer courses in Roman law, English legal history and Continental legal history. I have published an obscenely long book on marriage litigation in the ecclesiastical courts of England and what I had to call the “Franco-Belgian” region in the later Middle Ages, and am now working on the fourteenth-century volume of the new Oxford History of the Laws of England. In addition to law students, I am also interested in teaching legal history to undergraduate and graduate students. My basic legal history courses are cross-listed in the College, and I offer a seminar on medieval law in the History Department. I serve on the Committee on Medieval Studies of the Faculty of Arts and Sciences and on the University Committee on Religion. Outside of Harvard, I am a past president of the American Society for Legal History, a fellow of the Medieval Academy of America, the American Society for Legal History, the Society of Antiquaries (U.K.), and of the Royal Historical Society (UK); and a life member of the American Law Institute. My research interests take me Europe virtually every summer and sometimes during the academic year as well. In the past, I have held visiting appointments at the London School of Economics and the Vrije Universiteit te Brussel.

Areas of Interest

Charles Donahue, Jr., Ethical Standards for Advocates and Proctors of the Court of Ely (1374-1382) Revisited, in Studies in Canon Law and Common Law in Honor of R.H. Helmholz (Troy L. Harris ed., The Robbins Collection 2015).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Legal History
Type: Book
Charles Donahue, 'The Hypostasis of a Prophecy': Legal Realism and Legal History, in Law and Legal Process: Substantive Law and Procedure in English Legal History (Matthew Dyson & David Ibbetson eds., 2013).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Charles Donahue, Jr., Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts (Cambridge Univ. Press 2007).
Categories:
Legal Profession
,
Family Law
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Canon Law
,
Domestic Relations
,
European Law
,
Legal History
Type: Book
Abstract
This is a study of marriage litigation (with some reference to sexual offenses) in the archiepiscopal court of York (1300–1500) and the episcopal courts of Ely (1374–1381), Paris (1384–1387), Cambrai (1438–1453), and Brussels (1448–1459). All these courts were, for the most part, correctly applying the late medieval canon law of marriage, but statistical analysis of the cases and results confirms that there were substantial differences both in the types of cases the courts heard and the results they reached. Marriages in England in the later middle ages were often under the control of the parties to the marriage, whereas those in northern France and southern Netherlands were often under the control of the parties' families and social superiors. Within this broad generalization the book brings to light patterns of late medieval men and women manipulating each other and the courts to produce extraordinarily varied results. • Applies fairly rigorous statistical methods to the records of the medieval ecclesiastical courts. • Explores in detail and comparatively the patterns of litigation in two different geographical areas in roughly the same time period. • Integrates our knowledge of medieval canon law and institutions with what can be learned about the social background of cases.
Charles Donahue, Book Review, 71 J. Ecclesiastical Hist. 630 (2020)(reviewing Elisabeth van Houts, Married life in the Middle Ages, 900–1300 (2019)).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Religion & Law
,
Canon Law
,
Domestic Relations
,
Legal History
Type: Article
Charles Donahue, Jr., Another Way of Doing Manuscript Catalogues?, in English Legal History and its Sources: Essays in Honour of Sir John Baker 282 (David Ibbetson, Neil Jones & Nigel Ramsay eds., 2019).
Categories:
Legal Profession
Sub-Categories:
Legal History
,
Biography & Tribute
Type: Book
Abstract
"This volume honours the work and writings of Professor Sir John Baker over the past fifty years, presenting a collection of essays by leading scholars on topics relating to the sources of English legal history, the study of which Sir John has so much advanced." -- Cambridge University Press
Charles Donahue, Comparative Law Before the Code Napoléon, in The Oxford Handbook of Comparative Law 3 (Mathias Reimann & Reinhard Zimmermann eds., 2d ed. 2019).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Ancient Law
,
Comparative Law
Type: Book
Abstract
Modern comparative lawyers tend to date the foundation of their discipline to the nineteenth century and to the promulgation of the great European codes. This article claims that one could make an argument that comparative law is to be found in the ancient world, with some suggestion of it in the early writings of Aristotle’s Politics; that despite the multiplicity of legal sources it is not often found in the early or high middle ages; that there are hints of it in the commentators of the later middle ages; that in a very real sense it can be found in the ideas of the French legal thinkers of the sixteenth century; and that one can trace a relatively clean line of sources from the sixteenth century to whatever nineteenth-century authors one chooses to focus on as the founders of the discipline that produced the First International Congress of Comparative Law in 1900.
Charles Donahue, Jr., The Status of Women in the Laws of Æthelberht, in Languages of the Law in Early Medieval England: Essays in Memory of Lisi Oliver 3 (Stefan Jurasinski & Andrew Rabin eds., 2019).
Categories:
Legal Profession
,
Family Law
,
Property Law
Sub-Categories:
Domestic Relations
,
Legal History
,
Biography & Tribute
,
Property Rights
Type: Book
Charles Donahue, What Could You Do With a Law Degree in Fourteenth-Century England? Archbishop Winchelsey's Statutes and the Advocates of the Court of Arches, 36 Bull. Medieval Canon L. 315 (2019).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Canon Law
,
Religion & Law
Type: Article
Charles Donahue, Jr., Popes Alexander III and Innocent III, in Christianity and Family Law 161 (John Witte, Jr. & Gary S. Hauk eds., 2017).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Religion & Law
,
Canon Law
,
Domestic Relations
,
Legal History
Type: Book
Charles Donahue, Jr., Delictum est vobis quod judicia habebitis inter vos (1 Cor. 6:7): Defamation Cases in Ely Diocese, 1374–1382, in From Learning to Love: Schools, Law, and Pastoral Care in the Middle Ages: Essays in Honour of Joseph W. Goering 492 (Tristan Sharp, Isabelle Cochelin, Greti Dinkova-Bruun, Abigail Firey & Giulio Silano eds., 2017).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Legal History
,
Biography & Tribute
Type: Book
Charles Donahue, Book Review: D.L. D'Avray, Papacy, Monarchy and Marriage, 860–1600, 68 J. Ecclesiastical Hist. 398 (2017).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Canon Law
,
Religion & Law
Type: Article
Charles Donahue, Jr., Book Review, 34 Bull. Medieval Canon L. 281 (2017)(reviewing Bruce C. Brasington, Order in the Court: Medieval Procedural Treatises in Translation (2016)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
Roman Law
,
European Law
,
Legal History
,
Legal Scholarship
Type: Article
Charles Donahue, Jr., The Modern Laws of Both Tort and Contract: Fourteenth Century Beginnings?, 40 Man. L.J. 9 (2017).
Categories:
Civil Practice & Procedure
,
Banking & Finance
,
Legal Profession
Sub-Categories:
Contracts
,
Torts
,
Legal History
Type: Article
Abstract
Delloyd J. Guth Visiting Lecture in Legal History: September 17, 2015.
Charles Donahue, Jr., Methodus ad facilem historiarum cognitionem: Autobiographical and Methodological Reflections, in Texts and Contexts in Legal History: Essays in Honor of Charles Donahue 1 (John Witte, Jr., Sara McDougall & Ana di Robillant eds., 2016).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal History
,
Legal Scholarship
Type: Book
Charles Donahue, Jr., "The Whole of the Constitutional History of England is a Commentary on this Charter", 94 N.C. L. Rev. 1521 (2016).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
,
Constitutional Law
Sub-Categories:
European Law
,
Legal History
Type: Article
Charles Donahue, Jr. & Sara McDougall, France and Adjoining Areas, in The History of Courts and Procedure in Medieval Canon Law 300 (Wilfried Hartmann & Kenneth Pennington eds., 2016).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Roman Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Legal History
Type: Book
Charles Donahue, Jr., Magna Carta in the Fourteenth Century: From Law to Symbol?: Reflections on the “Six Statutes”, 25 Wm. & Mary Bill Rts. J. 591 (2016).
Categories:
Civil Practice & Procedure
,
Criminal Law & Procedure
,
Legal Profession
,
Property Law
,
International, Foreign & Comparative Law
Sub-Categories:
Criminal Prosecution
,
Practice & Procedure
,
Civil Law
,
Legal History
,
Property Rights
Type: Article
Charles Donahue, Jr., Procedure in the Courts of the Ius commune, in The History of Courts and Procedure in Medieval Canon Law 74 (Wilfried Hartmann & Kenneth Pennington eds., 2016).
Categories:
Civil Practice & Procedure
,
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
,
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Practice & Procedure
,
Canon Law
,
Religion & Law
,
Roman Law
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Charles Donahue, Jr., The Ecclesiastical Courts: Introduction, in The History of Courts and Procedure in Medieval Canon Law 247 (Wilfried Hartmann & Kenneth Pennington eds., 2016).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Roman Law
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Charles Donahue, Jr., The Legal Background: European Marriage Law from the Sixteenth to the Nineteenth Century, in Marriage in Europe 1400–1800 33 (Silvana Seidel Menchi ed., 2016).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
Roman Law
,
Religion & Law
,
Domestic Relations
,
Comparative Law
,
European Law
,
Legal History
Type: Book
Charles Donahue, Jr., By Way of a Conclusion, in Les officialités dans l’Europe médievale et moderne: Des tribunaux pour une société chrétienne 325 (Véronique Beaulande-Barraud & Martine Charageat eds., 2014).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Abstract
Ecclesiastical justice has aroused renewed historiographical interest in recent years, both as specific temporal jurisdictions and in the manifestation of justice competent in "spiritual" matters. It was specifically on the "courtyards of the Church", the officialities, that this conference was held, bringing together historians and jurists, medievalists and modernists, for a report in the form of an invitation to continue the investigations. The history of officialities was thus clarified in its diversity and in its evolution, from a comparative perspective. Their competence and the way in which they exercise their jurisdiction, graceful, contentious, criminal, has been highlighted, attesting to their daily role with the populations. Finally, the study of their activity allows an approach to the history of women and of the couple which, in turn, highlights the richness of the sources of officialities, organs of "discipline of morals" still partly unknown.
Charles Donahue, Jr., The Role of the Humanists and the Second Scholastic in the Development of European Marriage Law from the Sixteenth to the Nineteenth Centuries, in Law and Religion: The Legal Teachings of the Protestant and Catholic Reformations 45 (Jordan Ballor, Wim Decock, Michael Germann & Laurent Waelkens eds., 2014).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Legal History
Type: Book
Stuart M. McManus & Charles Donahue, Jr., Philologia ancilla historiae: An Emendation to lex Burgundionum, 42,2, 131 Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung 414 (2014).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Property Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Roman Law
,
Religion & Law
,
Canon Law
,
Domestic Relations
,
European Law
,
Legal History
,
Estates
,
Property Rights
Type: Article
Appeals to the Privy Council from the American Colonies: An Annotated Digital Catalogue (Sharon Hamby O'Connor & Mary Sarah Bilder compilers with assistance from Charles Donahue, Jr., Ames Found. 2014).
Categories:
Legal Profession
Sub-Categories:
Legal History
Type: Book
Abstract
This catalogue lists all currently known colonial cases appealed to the Privy Council from the 13 colonies, plus the other "American" colonies in Canada and the Caribbean. For each appeal, the report gives: the colony from which the case was appealed; full and short name of the appeal as compiled from the entry in the "Acts of the Privy Council, Colonial Series" (APC); the names and dates of lower court actions; the names of participants; the subject matter and disposition of the case; and more. Lists include case names and parties to the cases, counsel retained in England, vessels, preliminary lists of appeals from Canada and from the Caribbean and a brief list of Caribbean printed cases found in three major libraries. The printed catalog is accompanied by a website (http://ames-foundation.law.harvard.edu/ColonialAppeals/) that provides links to original documents.
Charles Donahue, Jr., Thoughts on Diocesan Statutes: England and France, 1200–1500, in Canon Law, Religion, and Politics: Liber Amicorum Robert Somerville 253 (Uta-Renate Blumenthal, Anders Winroth & Peter Landau eds., 2012).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Charles Donahue, Jr., The Legal Professions of Fourteenth-Century England: Serjeants of the Common Bench and Advocates of the Court of Arches, in Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand 227 (Susanne Jenks, Jonathan Rose & Christopher Whittick eds., 2012).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Civil Law
,
Legal History
,
Legal Services
Type: Book
Charles Donahue, Jr., The Legal Professions of Fourteenth-Century England: Serjeants of the Common Bench and Advocates of the Court of Arches, in Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand 227 (Susanne Jenks, Jonathan Rose & Christopher Whittick eds., 2012).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Civil Law
,
Legal History
,
Legal Services
,
Biography & Tribute
Type: Book
Abstract
This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England.
Charles Donahue, Jr., Comparative Approaches to Marriage in the Later Middle Ages, in Regional Variations in Matrimonial Law and Custom in Europe, 1150–1600 289 (Mia Korpiola ed., 2011).
Categories:
Family Law
,
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Property Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
Civil Law
,
European Law
,
Comparative Law
,
Legal History
,
Property Rights
Type: Book
Charles Donahue Jr., Book Review, 97 Cath. Hist. Rev. 782 (2011) (reviewing Patrick Nold, Marriage Advice for a Pope: John XXII and the Power to Dissolve (2009)).
Categories:
Legal Profession
,
Family Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Canon Law
,
Domestic Relations
,
Legal History
Type: Article
Charles Donahue, Jr., Diritto, matrimonio e società nel tardo medioevo: Considerazioni sull’area inglese e area “franco-belga”, 123 Rivista Storica Italiana 1129 (2011).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Comparative Law
,
Legal History
Type: Article
Charles Donahue, Jr., The Mysterious Canonist Bazianus on Marriage, in Law as Profession and Practice in Medieval Europe: Essays in Honor of James Brundage 263 (Kenneth Pennington & Melodie Harris Eichbauer eds., 2011).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Roman Law
,
Religion & Law
,
Domestic Relations
,
Legal History
Type: Book
Charles Donahue, Jr., Ius in Roman Law, in Christianity and Human Rights: An Introduction 64 (John Witte, Jr. & Frank S. Alexander eds., 2010).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Roman Law
,
Legal History
Type: Book
Charles Donahue, Jr., A New Synthesis of the History of Canon Law in the Classical Period, 1140-1234, 127 Zeitschrift der Savigny-Stiftung für Rechtsgeschichte (Kanonistische Abteilung 96) 609 (2010)(reviewing The History of Medieval Canon Law in the Classical Period, 1140–1234: From Gratian to the Decretals of Pope Gregory IX (Wilfried Hartmann & Kenneth Pennington eds., 2008)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
Comparative Law
,
European Law
,
Legal History
,
Legal Scholarship
Type: Article
Charles Donahue, Jr., Book Review, 28 Law & Hist. Rev. 260 (2010)(reviewing Anne Lefebvre-Teillard, Autour de l'enfant: Du droit canonique et romain médiéval au Code Civil de 1804 (2008)).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Children's Law & Welfare
,
Domestic Relations
,
Legal History
Type: Article
Charles Donahue, Jr., Book Review, 115 Am. Hist. Rev. 270 (2010) (reviewing Giuliano Marchetto, Il divorzio imperfetto: I giuristi medievali e la separazione dei coniugi (2008)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Domestic Relations
,
Legal History
Type: Article
Charles Donahue, Jr., Law, Marriage, and Society in the Later Middle Ages: A Look at the English and “Franco-Belgian” Regions, in Proceedings of the Thirteenth International Congress of Medieval Canon Law, Esztergom, 3-8 August 2008 17 (Peter Erdö & Sz. Anzelm Szuromi eds., 2010).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Comparative Law
,
Legal History
Type: Book
Charles Donahue, Jr., Malchus’s Ear Revisited: Reflections on Classical Canon Law as a Religious Legal System, 165 Law & Just. 144 (2010).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Legal History
Type: Article
Abstract
(1) This article explores the uses made of the Biblical story of Malchus's ear in the debate in the eleventh and twelfth centuries about the validity and efficacy of the sacraments of simoniacs. (2) It uses that exploration to argue that an important change occurred in the thirteenth century in the kinds of arguments that canonists made and that the type of argument made about Malchus' ear was also not characteristic of canonical argument prior to the eleventh century. (3) It concludes by suggesting that the type of argument that was made about Malchus' ear is more like the types of arguments made in Jewish and Islamic law than are the types of arguments that are made in canon law in the thirteenth and later centuries. Possible reasons for the difference, in most periods, between canon law, on the one hand, and Jewish and Islamic law, on the other include: the streak of antinominianism that can be found in early Christian writing, the different relationship between religious and secular authority throughout most of the history of the three religions, the difference in the ways in which religious authority is structured in Christianity as opposed to Judaism and Islam, and the tendency of Christianity to separate law and morals more sharply than do Judaism and Islam.
Charles Donahue, Jr., What Difference Does It Make If Marriage Is a Sacrament? An Historical Approach, in Jurisprudence of Marriage and Other Intimate Relationships 15 (Scott FitzGibbon, Lynne D. Wardle & A. Scott Loveless eds., 2010).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Roman Law
,
Domestic Relations
,
Legal History
Type: Book
Charles Donahue, Jr., What Happened in the English Legal System in the Fourteenth Century and Why Would Anyone Want to Know? 63 S.M.U. L. Rev. 949 (2010).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
European Law
,
Legal History
Type: Article
Charles Donahue Jr., Book Review, 95 Cath. Hist. Rev. 601 (2009) (reviewing Jan K. Bulman, The Court Book of Mende and the Secular Lordship of the Bishop: Recollecting the Past in Thirteenth-Century Gevaudan (2008)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
European Law
,
Legal History
Type: Article
Charles Donahue, Jr., Ex Officio Cases in the Officiality of Paris, 1384–1387, in Mélanges en l’honneur d’Anne Lefebvre-Teillard 393 (Bernard D'Alteroche, Florence Demoulin-Auzary, Olivier Descamps & Franck Roumy eds., 2009).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Family Law
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
European Law
,
Comparative Law
,
Legal History
,
Biography & Tribute
Type: Book
Charles Donahue, Jr., Papyrology and 3 Caines 175, 27 Law & Hist. Rev. 179 (2009).
Categories:
Civil Practice & Procedure
,
Legal Profession
,
Property Law
Sub-Categories:
Litigation & Settlement
,
Practice & Procedure
,
Legal Education
,
Legal History
,
Property Rights
,
Personal Property
Type: Article
Abstract
Those who work with the papyri or stone inscriptions from the ancient world frequently are faced with incomplete texts. Papyrologists or epigraphers will attempt to fill in the missing parts of the text, relying on their knowledge of what similar documents say. Sometimes a later find will provide a missing piece. Experience with such finds has been that an expert reconstruction normally will get the basic sense of the document right, but rarely gets the exact wording right when anything more than a few letters needs to be filled in.
Charles Donahue, Jr., Whither Legal History, in 1 Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz 327 (Daniel W. Hamilton & Alfred L. Brophy eds., 2009).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal History
Type: Book
Charles Donahue, Jr., Private Law Without the State and During its Formation, 56 Am. J. Comp. L. 541 (2008).
Categories:
Legal Profession
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Canon Law
,
Roman Law
,
European Law
,
Comparative Law
,
Legal History
Type: Article
Abstract
It is possible to have private law without the state. Indeed, it is possible for a society to develop a system of private law without the state in the modern sense. When we come to the Western Middle Ages, however, we have to qualify. Though there were no nation-states, the systems of private law that began to be created in the twelfth century made use of the existing structures of power and authority. If one does not want to call these structures proto-states, then one has to say that they performed in some measure the functions of the later state, most notably in establishing and supporting a system of courts and in promulgating legally binding decrees that can be called, without too much anachronism, legislation. With the rise of the nation-state in the sixteenth century, changes did take place, but they were more subtle and initially less dramatic than some have thought. There was more focus on the national level. National legislation became more common in this period, and more elaborate. Despite these facts, I suggest that the basic developmental mechanism of private law, juristic discussion, remained largely unchanged in this period. That characteristic may have changed with the codifications of the nineteenth century, but that story is beyond of the scope of this piece.
Charles Donahue, Jr., Reform, Renewal, Religion and Social Discipline: Reflections of a Medievalist, in The Law Applied: Contextualizing the Islamic Shari’a: A Volume in Honor of Frank E. Vogel 1 (Peri Bearman, Wolfhart Heinrichs & Bernard G. Weiss eds., 2008).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Law & Social Change
,
Legal History
,
Legal Reform
Type: Book
Charles Donahue, Jr., Reflections on the Editing of Medieval Church Court Records, in Iuris Historia: Liber Amicorum Gero Dolazalek 345 (Vincenzo Colli & Emanuele Conte eds., 2008).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Roman Law
,
Legal History
,
Biography & Tribute
,
Legal Scholarship
Type: Book
Charles Donahue, Jr., The Western Canon Law of Marriage: A Doctrinal Introduction, in The Islamic Marriage Contract: Case Studies in Islamic Family Law 46 (Asifa Quraishi & Frank E. Vogel eds., 2008).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Family Law
Sub-Categories:
Canon Law
,
Religion & Law
,
Domestic Relations
,
Legal History
Type: Book
Charles Donahue, Jr., Aggadic Stories About Medieval Western Jurists?, 24 Diné Israel: Studies in Halakhah and Jewish Law 209 (2007).
Categories:
Disciplinary Perspectives & Law
,
Property Law
,
Legal Profession
Sub-Categories:
Roman Law
,
Legal History
,
Property Rights
Type: Article
Charles Donahue, Jr., Book Review, 25 Law & Hist. Rev. 401 (2007)(reviewing Anders Winroth, The Making of Gratian’s Decretum (2000)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Roman Law
,
Legal History
Type: Article
Charles Donahue, Jr., Book Review, 25 Law & Hist. Rev. 217 (2007)(reviewing R.H. Helmholz, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s, 1 Oxford History of the Laws of England (2004)).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Legal History
Type: Article
Charles Donahue, Comparative Law Before the Code Napoleon, in The Oxford Handbook of Comparative Law 3 (Mathias Reimann & Reinhard Zimmermann eds., 2006).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Comparative Law
,
European Law
,
Legal History
Type: Book
Abstract
Modern comparative lawyers tend to date the foundation of their discipline to the nineteenth century and to the promulgation of the great European codes. This article claims that one could make an argument that comparative law is to be found in the ancient world, that despite the multiplicity of legal sources it is not often found in the early or high middle ages, that there are hints of it in the commentators of the later middle ages, that in a very real sense it can be found in the ideas of the French legal thinkers of the sixteenth century, and that one can trace a relatively clean line from the sixteenth century to whatever nineteenth-century authors one chooses to focus on as the founders of the discipline that produced the First International Congress of Comparative Law in 1900.
Charles Donahue, Jr., Genesis in Western Canon Law, 16 Jewish L. Ann. 155 (2006).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Legal History
Type: Article
Charles Donahue, Jr., Johannes Faventinus on Marriage (with an Appendix Revisiting the Question of the Dating of Alexander III's Marriage Decretals), in Medieval Church Law and the Origins of the Western Legal Tradition: A Tribute to Kenneth Pennington 179 (Wolfgang P. Muller & Mary E. Sommar eds., 2006).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Canon Law
,
European Law
,
Legal History
Type: Book
Charles Donahue, Jr., Book Review, 80 Speculum 782 (2005) (reviewing Paul Brand, Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth-Century England (2003)).
Categories:
Legal Profession
,
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Congress & Legislation
,
European Law
,
Legal History
Type: Article
Charles Donahue, Jr., A Crisis of Law? Reflections on the Church and the Law over the Centuries, 65 Jurist 1 (2005).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Legal History
,
Legal Reform
Type: Article
Charles Donahue, Jr., Benvenuto Stracca’s De mercatura: Was There a Lex mercatoria in Sixteenth Century Italy?, in From lex mercatoria to Commercial Law 69 (Vito Piergiovanni ed., 2005).
Categories:
Banking & Finance
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Commercial Law
,
European Law
,
International Trade
,
Legal History
Type: Book
Charles Donahue, Jr., Pucelle, Gerard (d. 1184), in 45 Oxford Dictionary of National Biography 501 (H.C.G. Matthew & Brian Harrison eds., 2004).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Biography & Tribute
,
Legal History
Type: Book
Charles Donahue, Jr., Bassianus, That Is to Say, Bazianus? — Johannes Bassianus on Marriage, in ‘Panta rei’: Studi dedicati a Manlio Bellomo 179 (Orazio Condorelli ed., 2004).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Roman Law
,
Domestic Relations
,
Legal History
Type: Book
Charles Donahue, Jr., Equity in the Courts of Merchants, 72 Tijdschrift voor Rechtsgeschiedenis 1 (2004).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
,
Banking & Finance
,
Disciplinary Perspectives & Law
Sub-Categories:
Commercial Law
,
Contracts
,
Roman Law
,
European Law
,
Civil Law
,
Legal History
Type: Article
Abstract
This paper had its origins in a study of Benvenuto Stracca's De mercatura. The purpose of the study was to determine whether there was anything in that work that supported the notion that there was a system of customary mercantile law in operation in Italy in Stracca's time. The answer to that question proved to be a rather resounding 'no', and the arguments that lead to that conclusion will be published elsewhere. In the process of examining Stracca's sources, much information appeared about how the jurists of the fourteenth, fifteenth and early sixteenth centuries did deal with mercantile matters and, in particular, the way in which they manipulated the concept of equity to achieve what they deemed to be just results in such cases. Limitations of space allowed consideration of only a couple of procedural examples intheprevious paper. The story, it seemed to me, deserved consideration in its own right. What follows, then, is a fuller consideration of the use of equity by the commentators in their handling of mercantile cases, beginning, as the previous paper did, with Stracca's general remarks on the topic.
Charles Donahue, Jr., Medieval and Early Modern Lex Mercatoria: An Attempt at the Probatio Diabolica, 5 Chi. J. Int’l L. 21 (2004).
Categories:
Banking & Finance
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Commercial Law
,
Financial Markets & Institutions
,
Canon Law
,
Roman Law
,
European Law
,
International Trade
,
Legal History
Type: Article
Charles Donahue, Jr., Bassianus, That Is to Say, Bazianus? — Bazianus and Johannes Bassianus on Marriage, 14 Rivista internazionale di diritto commune 41 (2003).
Categories:
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Canon Law
,
Religion & Law
,
Roman Law
,
Domestic Relations
,
Legal History