Legal Norm Versus Judicial Practice in the Early Modern Period

11 Apr 2024
Job Information

Organisation/Company

Institute of History, Slovak Academy of Sciences

Research Field

History

Researcher Profile

First Stage Researcher (R1)

Country

Slovakia

Application Deadline

31 May 2024 - 23:59 (Europe/Bratislava)

Type of Contract

Other

Job Status

Other

Hours Per Week

35

Offer Starting Date

1 Sep 2024

Is the job funded through the EU Research Framework Programme?

Not funded by an EU programme

Is the Job related to staff position within a Research Infrastructure?

No

Offer Description

This is a call for a four year PhD study program at the Institute of History SAS, Bratislava, Slovakia.

The aim of the dissertation is to investigate the functioning of judicial practice, the competence, and strategies of judicial institutions in comparison with contemporary legal norms during a more narrowly defined period. The doctoral candidate can choose to research the topic using the example of a selected region or city, or by focusing on a chosen crime or group of crimes (prostitution/sexual offenses, homicide/violent offenses, libel, etc.), or on female or male criminality, utilizing selected archival sources within a defined time period.

In the early modern period, criminality was perceived as a sin, and the relationship of legal norms to judicial practice was not always straightforward or absolutely binding. This was due to the fragmentary and unsystematic nature of the law and the absence of unified and universally applicable codes, which contributed to the predominance of local customary law and the considerable discretionary power of judges. In analyzing the chosen judicial practice, the PhD student may explore the strategies and attitudes of judges based on moral justifications for sentences, references to specific legal or ecclesiastical norms, the nature of mitigating and aggravating circumstances, the impact of intercessions, or the possibility of mitigating punishment or pardon.

The study can also delve into the ecclesiastical treatment of sexual offenses and marital conflicts, as well as the punishment of religious/moral offenses in the early years after the adoption of the Code of Law by Joseph II (legal implementation in practice). Alternatively, the focus can be solely on the criminalization or decriminalization of certain offenses (e.g., moral/sexual offenses, witchcraft and sorcery, etc.).

Requirements: A good knowledge of the language(s) of the chosen archival sources (usually Latin, German, or Hungarian), Slovak/Czech and English (min. B2).

Requirements

Research Field

History

Education Level

Master Degree or equivalent

Skills/Qualifications

Good knowledge of the language(s) of the chosen archival sources (usually Latin, German, or Hungarian), Slovak/Czech and English (min. B2).

Languages

SLOVAK

Level

Good

Languages

ENGLISH

Level

Excellent

Additional Information
Work Location(s)

Number of offers available

1

Company/Institute

Institute of History SAS / Historický ústav SAV, v.v.i.

Country

Slovakia

City

Bratislava

Postal Code

814 99

Street

Klemensova 2522/19

Geofield

Where to apply

Website

https://fphil.uniba.sk/en/applicant/doctoral-studies/admission-procedure-for-th…

Contact

State/Province

Slovakia

City

Bratislava

Website

http://www.history.sav.sk/
http://www.history.sav.sk/indexenglish.html

Street

Klemensova 2522/19

Postal Code

814 99

E-Mail

[email protected]
[email protected]

STATUS: EXPIRED