PID2020-117702GA-100/ AEI/10.13039/501100011033


The project Singular conflicts to judge, arbitrate or agree (12th-20th centuries) is the legatee of 14 financed projects in which a good part of the researchers have participated jointly. It addresses an original topic that seeks to answer many scientific questions that have arisen over the decades: The study of unique or special conflicts and their resolution by judicial, arbitral or agreed channels between the 12th and 20th centuries. To do this, several teams have been associated in a single project and new researchers have been incorporated. In total, 25 people from 14 universities, from 6 CCs, have gathered. AA. (Aragon, Cantabria, Castilla-León, Catalonia, the Valencian Community and the Balearic Islands) and abroad (academicians in Germany, France and Italy), coordinated by Josep Capdeferro (UPF, IP1) and Rafael Ramis (UIB, IP2).

Despite its historical jus content, the project is highly topical: the result of liberalizing drives, in a context of deregulation, alternative dispute resolution techniques are booming in Spain and threaten the almost monopolistic jurisdictional framework that the liberal State It was built in the 19th and 20th centuries as opposed to the dispersion of roads and venues to impart justice, arbitrate or compromise of the Old Regime. The History of Law cannot miss out on the debate: a rigorous analysis of the past is essential for a reflection that affects much more than the ways -judicial, arbitral or transactional- of resolving conflicts in Spanish society. The validity, the strength, the very nature of public power in its liberal version are in question.

The project is based on the premise that civil and criminal justice, mainly those linked to royal jurisdictions -to state jurisdiction since the 19th century- have received and continue to receive attention from legal historiography. For this reason, it is believed necessary to illuminate some dark areas -not necessarily peripheral or less frequented-; of the rich historical jurisdictional mosaic. Thus, attention is focused on: 1. Conflicts over quotas of power and use of resources after the Reconquest; 2. Conflicts around observance of the Law and oversight of powers; 3. Conflicts in the university and hospital spheres; 4. Conflicts of jurisdiction or contentious jurisdiction; 5. Commercial and tax disputes; 6. Conflicts over territorial delimitation and communal resources; 7. Conflicts linked to the implementation of the liberal state; 8. The language of conflicts and their solutions and labor conflicts from a gender perspective.

Behind all the historical conflicts that are expected to be studied, there is a strong social component, whether through a concern for the distribution of resources, for attention to educational and assistance institutions, for epidemic management, detection of ways that would allow some people to get rid of of justice taking advantage of jurisdictional interstices, by mechanisms of political representation or by focusing the analysis on labor law, when it strengthened its own personality, and on women, when possible. All this allows us to discuss some problems inherent to the construction of jurisdiction and the rule of law in the contemporary era, while some unexplored points of alternative conflict resolution are analyzed from a historical perspective.

Amount Awarded: 53.240 €