PRÁVNĚHISTORICKÉ STUDIE

PRÁVNĚHISTORICKÉ STUDIE

Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a peer-reviewed Journal founded in 1990 and published by Charles University in Prague under the guarantee of the Institute of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. PHS is the only Czech and Slovak scholarly and scientific periodical publication in the field of History of State and Law.

Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.

PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.

PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.

PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.

The journal is archived in Portico.

PRÁVNĚHISTORICKÉ STUDIE, Vol 51 No 1 (2021), 51–63

Trestný čin velezrady jako hlavní doklad existence „federal common law of crimes“. Americké federální soudnictví v prvých desetiletích nové státnosti

[The Crime of High Treason as the Evidence of the Existence of the “Federal Common Law of Crimes”. The American Federal Judiciary in the First Decades of the New Statehood]

Radim Seltenreich

DOI: https://doi.org/10.14712/2464689X.2021.4
announced: 24. 03. 2021

abstract

In this article the author deals with the problematics of the “federal common law of crimes” in the period since the foundation of the American statehood till the end of the 18th century whereas he claims that the existence of this law is illustrated especially by the negotiation of the crime of high treason on the federal courts. In this connection he deals firstly with the organization of the federal courts on which were these cases negotiated. Further part covers the concept of the crime of high treason in earlier English law because from this law exactly the American federal courts had to go out. The main part of the article is devoted to the depiction of the concrete judicial pleas related to high treason which were negotiated at that time. Finally, the author mentions some other crimes which may be put in the category of the “federal common law of crimes” as well.

keywords: federal common law of crimes; federal courts; high treason

references (9)

1. BAKER, J. H. An Introduction to English Legal History. London: Butterworths, 1990.

2. FRIEDMANN, L. M. A History of American Law. New York: Simon and Schuster, 1985.

3. HALL, K. L. - WIECEK, W. M. - FINKELMAN, P. American Legal History (Cases and Materials). Oxford: Oxford University Press, 1991.

4. LILLICH, R. B. The Chase Impeachment. The American Journal of Legal History, 1960, s. 51-70. CrossRef

5. LUTZ, D. S. The Origins of American Constitutionalism. Baton Rouge: Louisiana State University Press, 1988.

6. PRESSER, S. B. - ZAINALDIN, J. S. Law and Jurisprudence in American History (Cases and Materials). St. Paul: West Publishing Company, 1989.

7. RAKOVÁ, S. Podivná revoluce (Dlouhá cesta Američanů k nezávislosti 1763-1783). Praha:

8. SURRENCY, E. C. The Judiciary Act of 1801. The American Journal of Legal History, 1958. CrossRef

9. TINDALL, G. B. - SHI, D. E. Dějiny států - USA. Praha: Nakladatelství Lidové noviny, 1994.

Creative Commons License
Trestný čin velezrady jako hlavní doklad existence „federal common law of crimes“. Americké federální soudnictví v prvých desetiletích nové státnosti is licensed under a Creative Commons Attribution 4.0 International License.

240 x 170 mm
published: 2 x per year
print price: 250 czk
ISSN: 0079-4929
E-ISSN: 2464-689X

Download