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Make an attempt to reveal the meaning of poena extraordinaria in the case-law of Debrecen in the second half of 18th century
121-135Views:153In my essay I analyze a possible semantic content of poena extraordinaria. Int the first part of the study can be found on interpretation concerning the different meanings of poena ordinaria and poena extraordinaria. In my hypothesis I suppose if the crime hasn't been entirely proved by accuser then the judge has to apply the category of poena extraordinaria. I examine three criminal brief of cases from Debrecen at 18th century in the second part; trying to verify my hypothesis.
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Benedikt Carpzov's two works in Debrecen archives
1-11.Views:142The Saxon Benedikt Carpzov was considered one of the most illustrious jurisprudents in the early modern period. In the 17th century, Carpzov gained high prestige and authority across Europe, serving as a general reference point for criminal jurisprudence and legal practice. His works – primarily that focused on criminal law – were also applied and referred to by Hungarian courts in the 18th century. The research of Carpzov’s influence on 18th-century Hungarian criminal law as a legal historical phenomenon has not been a fully revealed area. This brief paper tries to make an interesting cultural-historical contribution to the research of the “Carpzovian-effect” in the criminal practice of the Debrecen Magistrates. Fortunately, we can find Carpzov’s two works in good condition in the National Archives of Hungary-Archives of Hajdú-Bihar County. This circumstance provides us unique opportunity to examine these jurisprudential works more profoundly. The Saxon author’s works functioned as “cultural transfers” transmitted foreign legal impacts to Hungarian praxis. The notes, text underlines, and the other types of text highlightings found in these books can enrich and make the research results of analyzing the archival documents of Debrecen criminal procedures more nuanced. This paper is preliminary research, and it establishes the dissection of the notes made in Carpzov’s works. The final goal is to understand how Hungarian judges, prosecutors and advocates interpreted (adapted) the Saxon jurisprudent’s opinions.