Legal history Books

Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisThe Snail and the Ginger Beer tells the full story of the remarkable case of Donoghue v Stevenson which represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. It provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case.Table of ContentsList of Illustrations Notes and Acknowledgements Prologue 1. Mrs Donoghue Travels to Paisley 2. Into the Scottish Courts 3. In the House of Lords 4. A Legal Cast List: Judges and Lawyers 5. Roots of the Neighbour Principle 6. Home Reaction 7. Into the Common World 8. Conclusion Selected Bibliography; Index

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Book SynopsisEnmity, a state or feeling of mutual opposition or hostility, became a major social problem during Europe's transition to modernity between 1500 and 1800. This book transforms our understanding of that process, exploring how ordinary people felt about their enemies, the violence it engendered and the solutions that helped create modern society.Trade Review'Based on extensive research in several languages, this book is the first major study of enmity across western Europe in the early modern period. Stuart Carroll argues that enmity remains one of the greatest challenges to liberal democracy and, as such, the concept of enmity remains of central importance today. This book makes a direct challenge to our very understanding of early modern Europe and it is an original and significant contribution to the histories of the state, violence, the law, and emotions.' Jonathan Davies, University of Warwick'… a seminal work of meticulous scholarship and solidly recommended addition to personal, community, college, and university library European History collections and supplemental curriculum studies lists.' James A. Cox, Midwest Book Review'Stuart Carroll's latest book is testimony to a career of reading in multiple archives and languages. It vividly synthesises a large body of new historical scholarship into a coherent vision of the early modern obsession with justice, and the violent paths that people trod on their quests for it.' Colin Rose, Times Literary SupplementTable of ContentsIntroduction; Italy; 1. The use of the law; 2. The politics of vendetta; 3. The culture of vendetta; 4. The decline of vendetta; Germany; 5. Rethinking the feud; 6. The culture of enmity in Early Modern Germany; 7. Sühne: the theory and practice of peace-making; France; 8. Village politics and vendetta; 9. Peace and justice under the absolute monarchy; England; 10. Justice and violence; 11. Enmity in Early Modern England; Comparisons; 12. The experience of enmity; 13. Enmity and sacred space; 14. Living with the enemy.

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Book SynopsisOne of the first to provide a socio-legal comparative history of under-studied or ignored Jewish attempts in the 1930s Anglosphere to counter the rise in fascist and Nazi antisemitism, this book examines the ways in which Jewish individuals and organized communal bodies in the mid-to-late 1930s sought to counter this increasing antisemitic violence, physical and verbal, by using the law against their fascist and Nazi attackers. This is the first study to explore how Jews in these countries organized themselves, brought their oppressors to court, while seeking to convince their governments that an attack on Jews was a threat to the social order. The book analyzes the networks of knowledge and the personal relationships between and among key actors and institutions of the Antisemitic International. Nazi nationalists always participated in networks that transcended borders. Case studies from Canada, South Africa, the United Kingdom, and the United States, illustrate the ways in which different mechanisms of Jewish resistance were deployed throughout the mid-to-late 1930s. They embody significant concerns about the turn to law and the importance of litigation and legislation. Grounded in original archival research on three continents, the book examines the ways in which professional legal discourse about public order and democratic citizenship proffered by Jewish communities and individual Jews was countered by their Nazi opponents with legal and political arguments about truth, persecution, and Jewish perfidy. The book will be of interest to students, academics, and researchers working in the areas of Legal History, History, Jewish Studies, the study of Antisemitism, and the History of the far right, fascism and Nazism.

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Book SynopsisCongressman James Mitchell Ashley, a member of the House of Representatives from 1858 to 1868, was the main sponsor of the Thirteenth Amendment to the American Constitution, which declared the institution of slavery unconstitutional. Rebecca E. Zietlow uses Ashley''s life as a unique lens through which to explore the ideological origins of Reconstruction and the constitutional changes of this era. Zietlow recounts how Ashley and his antislavery allies shared an egalitarian free labor ideology that was influenced by the political antislavery movement and the nascent labor movement - a vision that conflicted directly with the institution of slavery. Ashley''s story sheds important light on the meaning and power of popular constitutionalism: how the constitution is interpreted outside of the courts and the power that citizens and their elected officials can have in enacting legal change. The book shows how Reconstruction not only expanded racial equality but also transformed the rights ofTrade Review'Rebecca E. Zietlow is right - James Mitchell Ashley has been all but forgotten and deserves to be remembered. Thanks to Zietlow, we can now appreciate Ashley's pivotal role in the pre-Civil War struggle against slavery, abolition during the war, and the battle for black rights during Reconstruction. But she also emphasizes his commitment to the rights of all labourers, and we would benefit today from recalling his vision of a 'free labour' society of equals.' Eric Foner, Columbia University, New York'James Mitchell Ashley spent decades of the nineteenth century crusading against slavery, discrimination, and labor injustice - positions in absolute harmony with one another, as the author Rebecca E. Zietlow deftly shows. This readable biography reveals Ashley in his heroism, defeat, and contradictions. More than that, it illuminates the challenges that any old-line egalitarian faced in a modern, industrializing world. In Zietlow's able hands, Ashley's life becomes as significant for our present era as it was for his own.' Michael Vorenberg, Brown University, Rhode Island'An impressively informative and original work of seminal scholarship from beginning to end, The Forgotten Emancipator is unreservedly recommended for both community and academic library 19th century American history collections and supplemental studies reading lists.' Midwest Book ReviewTable of ContentsPrologue; 1. James Ashley, the forgotten emancipator; 2. Antislavery constitutionalism and the meaning of freedom; 3. Free labor and wage slavery – the labor and antislavery movements; 4. Ashley's egalitarian free labor vision; 5. Ashley in Congress, 1859–63; 6. The thirteenth amendment and a new republic; 7. Enforcing the thirteenth amendment: reconstruction and a positive right to free labor; 8. After Congress: the 'Old Antislavery Guard' and the northern worker; Epilogue.

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Book SynopsisJustin Desautels-Stein focuses on the development of pragmatic liberalism, between 1870 and the present. Using property law, constitutional law, and antitrust law as case studies, he places the intellectual history of liberalism into a contemporary legal context.Trade Review'In this wide-ranging and masterful work, Justin Desautels-Stein explores, dissects, and critiques what it means to think like a lawyer in today's hegemonic context of liberal legal thought. Drawing on art history and musicology, ranging from the anthropologist Philippe Descola to the philosopher Hubert Dreyfus, from Roland Barthes to Michel Foucault, Desautels-Stein creatively reinvigorates the Harvard School of legal structuralism to expose the deep historical, structural, and conceptual illusions of contemporary pragmatic legal liberal thought.' Bernard E. Harcourt, author of The Illusion of Free Markets: Punishment and the Myth of Natural Order'An engrossing, at times deeply moving effort to recover the unity and purpose of critical legal studies.' Charles Sabel, Columbia Law School, New York'A fascinating contribution to critical legal thought in the United States. Desautels-Stein revisits and reinterprets American legal pragmatism alongside late twentieth century efforts to assess and critique its practice. His direct informal style brings complex theoretical debates to life.' David Kennedy, Harvard Law School, MassachusettsTable of ContentsOverture; 1. The rise and fall of the Harvard School; 2. Towards a jurisprudence of style; 3. Structure and style in time; 4. The classical style 5. The modern style; 6. Liberal legalism and the context of legal thought; 7. American pragmatism; 8. Liberal legalism is dead: long live liberal legalism; 9. Trompe L'oeil liberalism; Coda.

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Book SynopsisLatin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cadiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, sucTrade Review'This book will be most useful to students of Spanish and Spanish American constitutional history, and is a serious addition to the literature.' Ivan Jaksic, Stanford University, California'Mirow's work is a major contribution to the historiography of Latin American constitutionalism - a little-explored field - and is indispensable material for any study that focuses its attention on the constitutional history of Spain and Latin America.' Gisela Ferrari, translated from Rechtsgeschichte - Legal HistoryTable of ContentsIntroduction; 1. Constitutional limbo in early nineteenth-century Latin America; 2. The Constitution of Cádiz: America's other first constitution; 3. The colonies speak to the metropole: transatlantic constitutionalism; 4. The failures and successes of metropole constitutionalism; 5. Latin American constitutionalism after independence; 6. The legacy of the Constitution of Cádiz: twentieth-century Latin American constitutionalism; 7. Constitutional promise: Latin American constitutionalism today; Conclusion; Appendix. Selected provisions of the Constitution of Cádiz of 1812; Bibliography; Index.

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Book SynopsisInnovatively using the concept of 'biography' to study law, this book explores continuity and change in the Abortion Act over time. Drawing on extensive archival research and interviews, it shows how various actors gave meaning to the Act and how the Act both shaped, and was shaped by, wider changes in UK society.Trade Review'This ever so readable book brings conceptual clarity and fascinating historical detail to understanding the dynamic nature of an abortion law. The book will be an invaluable guide in post-decriminalisation jurisdictions, like Australia, as health laws replace criminal laws on abortion, also becoming living texts open to contest and interpretation.' Barbara Baird, Associate Professor in Women's and Gender Studies, Flinders University and Co-Convenor South Australian Abortion Action Coalition'Built on impressive historiographical and socio-legal foundations, The Abortion Act brings together an astounding range of materials to document and explains the resilience, evolution, and contestation of this one, decades-old statute. Written with sensitivity, rigour, and elegance, it is essential reading on abortion regulation, legal and political innovation, and the everyday politics of reproductive rights in the UK.' Fiona de Londras, Chair of Global Legal Studies, University of Birmingham'This is an exemplary account of struggles to fix the meaning of Britain's most controversial law. It is eye-opening to see how, over a half-century, pitched battles and quiet reforms revolutionized the practice of abortion in ways no one foresaw in 1967- while hardly altering the statute itself.' Nick Hopwood, Professor of History of Science and Medicine, University of Cambridge'This fascinating book is essential reading for anyone who seeks to understand UK abortion law, but it is of much wider significance. It shows how legal meanings are created through the complex interplay of theory and practice. Everyone who cares about the processes of law reform should study it closely.' Sir Jonathan Montgomery, FMedSci, LLM, Hon FRPCH, Faculty of Laws, University College London'This important and impressive book chronicles the coming into force of what can be labelled the most contested Act of Parliament in English legal history. It dives deep into an impressive range of archives and is bolstered by an informative set of oral history interviews. This is a must read for theorists of social movements, feminists, socio-legal and critical legal scholars, as well as historians of the twenty-first century.' Linda Mulcahy, FAcSS, Chair of Socio-Legal Studies and Director of the Centre for Socio-Legal Studies, University of Oxford'Qualifying in medicine in 1969 in Aberdeen, and inspired by Dugald Baird's Fifth Freedom, I grew up with the implications of the 1967 Abortion Act. And so, it was fascinating to read and understand the legal and social history, the twists and turns, of where we are now. Thoroughly researched and well presented, this book is a must for all who care about Women's Health.' Allan Templeton, CBE FMedSci, Former President of the RCOG, and Emeritus Professor of Obstetrics and Gynaecology, University of AberdeenTable of Contents1. Introduction; 2. The Early Years; 3. The Parliamentary Battle for Restrictive Reform; 4. The Battle for Normalisation; 5. The Battle for Legal Meaning; 6. The Battle for Northern Ireland; 7. The Parliamentary Battle for Modernising Reform; 8. A Biography of the 'Great Untouchable'; Appendices; Bibliography; Index.

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Book SynopsisAll of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have ''hollowed out'' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projeTrade Review'… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …' S. A. Merriman, ChoiceTable of ContentsIntroduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.

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Book SynopsisThe history of incorporations legislation and its administration is intimately tied to changes in social beliefs in respect to the role and purpose of the corporation. By studying the evolution of the corporate form in Britain and a number of its colonial possessions, the book illuminates debates on key concepts including the meanings of laissez faire, freedom of commerce, the notion of corporate responsibility and the role of the state in the regulation of business. In doing so, A Social History of Company Law advances our understanding of the shape, effectiveness and deficiencies of modern regulatory regimes, and will be of much interest to a wide circle of scholars.Trade Review'McQueen's timely book fills a gap in the literature by covering a period that was not studied comprehensively in recent decades. Its social history approach, particularly apt in the current period of corporate governance crisis, places company law in a thicker context. The book extends beyond Britain into its Empire and thus should interest a wider circle of scholars.' Ron Harris, Tel Aviv University, Israel 'This is a carefully argued and richly detailed piece of corporate law and legal history scholarship which should become a standard reference. It underlines the vital importance of understanding history for anyone who wishes to be truly engaged in current debates about the regulation, governance and social responsibility of corporations. ' Stephen Bottomley, ANU College of Law, Australia 'Rob McQueen reveals the modern corporate form as an embodiment of narrow interests and values; a product of political and ideological choices. Brilliant, thoroughly researched and elegantly written, A Social History of Company Law not only demonstrates the origins of the corporation, but also inspires the question - how might it be remade into something different?' Joel Bakan, University of British Columbia, Canada 'This path-breaking study provides a fascinating comparative social history of company law in Britain and the Australian Colonies, their relationship to colonialism, empire building and imperialism, and their larger socio-economic significance. McQueen effectively mines the archives and secondary literature to advance our understanding of the institutional legacies of the past and to offer a nuanced account of how the history of company law in Britain and the Australian Colonies laid the foundation for similar but divergent patterns of contemporary corporate governance. The book is clear and accessible, and will be of interest to students and scholars in Law and History, and to those concerned with the interplay between law and society.' David Sugarman, UniveTable of ContentsContents: Introduction; Social attitudes to company law: 1720-1855; Christian Socialism and the debate on limited liability; The reasons for the enactment of, and the form taken by, English limited liability legislation,1855-1856; The first 15 years of limited liability company legislation in England 1855-1870; The 1870s and early 1880s: the growing acceptability of limited liability incorporation; The consolidation of company law 1886-1914; Limited liability company legislation in the colonies: the Australian experience 1864-1920; Conclusions; Appendix; Bibliography; Index.

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Book SynopsisJustin Steinberg's field-defining work on Boccaccio's Decameron shows how historical changes in the prosecution of crime profoundly influenced literary realism. Arguing that the Decameron's trials respond to a crisis in verisimilitude, the book engages scholars and students of medieval and early modern studies, literary theory and legal history.Trade Review'Written with vigor and wit, Justin Steinberg's book incisively examines how Boccaccio's realism responds to medieval legal procedure. His sophisticated historicist approach both appreciates Boccaccio's work in its medieval world and highlights points of contact with modern forms of literature and with contemporary concerns. A major contribution to the study of literature, Steinberg's book will open the Decameron to a new generation of readers.' David G. Lummus, author of The City of Poetry: Imagining the Civic Role of the Poet in Fourteenth-Century Italy'In this ambitious, magnificently realized study of Boccaccian 'realism' and 'naturalism' through the lens of the evolving legal culture of his time, Justin Steinberg has achieved something truly rare among the ongoing attempts to synthesize close textual analysis with historical-cultural contextualization: a genuine, many-faceted dialogue between the two, in which neither cedes pride of place to the other, but rather are mutually interpreting. For Steinberg, mimetic representation (as defined by Auerbach and others) is 1on trial' in the Decameron, in the sense that Boccaccio continually probes the possibilities and limitations of representing 'the real', even as his mimetic practice itself is a trial, the residue of the author's inquisition into the vagaries of human 'judgment' at both the individual and the institutional level. Among its many specific accomplishments, Mimesis on Trial, unveils the anachronistic emphases of much of contemporary criticism, which has consistently wrenched key Boccaccian problems (notably but by no means exclusively the status of 'the natural'; the defense of female desire as a triumph of subjectivity; the encounters between individual subjects and legal institutions; and so on) out of their original contexts, thus, paradoxically, losing sight of what makes this text so extraordinarily 'novel,' such an important marker of, and participant in, the long, uneven process that moves us toward what we are so fond of calling modernity.' Albert Ascoli, Professor Emeritus at University of California, Berkeley'In this highly original book, Justin Steinberg opens our eyes to the pervasive nature of legal culture and its notions of truth as they influenced Boccaccio in his composition of the Decameron. Not only does Boccaccio parody courtroom dramas and legal disputes, but he creates highly unlikely events across the hundred tales that stage the 'human stakes of plausibility.' His characters enact and respond to unrealistic contingencies, dwelling between the world of chance and the fictional construction of the real. Law and Mimesis challenges traditional theories of realism in the Decameron and leaves us with a new understanding of Boccaccio as an author who was trained in law but constantly reckoned with its implications for art. The consequences of Steinberg's analysis are formidable and far-reaching for studies of Boccaccio, law and literature, and genre.' Kristina M. Olson, George Mason University'This brilliant, revisionary account of the history of Western mimesis lays aside what we have 'long known' about verisimilitude, realism, and law in Boccaccio (and Dante) in favor of original research, and original thought. It impacts understanding not only of 'the rise of the novel,' but also our current consumption of procedural drama, suspended between 'the poetics of likelihood' (in TV courtroom argumentations) and the hard fact of the smoking gun. Written open-handedly, and a joy to read, this book grounded in historical inquiry speaks to issues of prime importance in our own troubled, story-driven times. Recommended.' David Wallace, University of PennsylvaniaTable of ContentsIntroduction; 1. The Novella on trial; 2. The artist and the Police; 3. The widow and the sovereign; 4. Torture and the sense of an ending; 5. Another way of possessing; 6. The author on trial.

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Book SynopsisThis is a highly original, interdisciplinary study of the archaic Greek word nomos and its family of words. Includes extracts from ancient sources, in both the original and English translation, to give us a new and complete understanding of nomos and its foundational place in the Western legal tradition.

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Book SynopsisThis volume collects and translates 10 essays by renowned Roman and legal history specialist Yan Thomas (1943 2008), the most renowned French jurist of the 20th century.

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Book SynopsisThis book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions. This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience. Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law.Table of Contents1. Introduction I. The East African Community (EAC) II. Flexible Regional Economic Integration III. The Approach IV. Significance V. Overview 2. Integration Theory I. Deciphering Regional Economic Integration II. A Brief Revisiting of Integration Theories A. From Autarky to Single Markets B. Why Integrate? C. How We Integrate D. The Effects of Integration E. The Complexity of Theorising III. Pan-Africanism, Integration Theory and the African Experience A. Reasons for Integration in Africa B. The Slow Pace of Integration in Africa IV. Summary: Theories, Realities and the Ensuing Frustration 3. Flexible Regional Economic Integration I. A Definition of Flexible Regional Integration A. A Principle of Flexibility B. Progression in Cooperation C. A Subgroup of Members D. A Larger Integration Scheme E. A Variety of Areas F. Different Speeds II. Streamlining Definition: Flexible Regional Economic Integration III. The Application of Flexible Regional Economic Integration A. Flexible Integration: A Broad Spectrum B. Flexible Integration in Africa C. Beyond Africa: Flexibility in the EU and MERCOSUR IV. Arguments in Favour of Flexible Integration A. Reasons for the Existence of Flexible Integration B. Benefits of Flexible Integration V. Criticisms of Flexible Integration VI. Summary 4. An Introduction to the EAC I. Early Beginnings II. The Second Attempt A. Harmonised Economic Policy B. Common Institutions C. The Common Market D. The Second Collapse III. The EAC Today A. Policy Harmonisation B. EAC Institutions C. The EAC Customs Union and Common Market IV. Looking Forward V. Summary 5. Flexible Regional Economic Integration in the East African Community I. A Brief History of Article 7(1)(e) of the EAC Treaty A. The Double-Edged Context B. The Unchanging Clause C. The Connection between the Unchanging Clause and the Africa-wide Link II. Why Flexible Regional Economic Integration in the EAC? A. Political Factors B. Economic Factors III. Summary 6. The Northern Corridor Integration Projects I. An Introduction to the NCIP A. The Projects B. Participating States and a Brief Review of Relations between them C. The Politics of the East African Community II. Milestones to NCIP’s Establishment A. EACJ Advisory Opinion No. 1 of 2008 B. The Entebbe Meeting of 25 June 2013 and Subsequent NCIP Summits C. Precipitating Factors D. Protestations from Tanzania and Other Criticisms III. Effects of the NCIP A. Trade Patterns B. Relations between the EAC Partner States C. Relations between the EAC and Third Parties IV. Summary 7. The Africa Continental Free Trade Area I. A Brief History of the AfCFTA A. Faltering, Learning and Unlearning: 1960–1980 B. The Post-Lagos Surge: 1980–2018 II. AfCFTA: Objectives, Principles and Enabling Factors A. AfCFTA: A Long Time Coming, But Why Now? III. The EAC and AfCFTA: Mother and Child, or Egg and Fowl? A. The Egg and Fowl Debate B. The EAC and AfCFTA: Friend or Foe? C. AfCFTA: The EAC Supersized? IV. Summary: Is the AfCFTA a Case for or Against Flexible Integration? 8. Beyond the Regions: Flexibility in Multilateral Trade I. The WTO Today – A Single Undertaking? A. Inconsistent Commitments B. Transitional Arrangements C. The Plurilateral Agreements D. The Critical Mass Approach E. ‘Trade And –’ II. Why Has Flexibility Been Avoided? A. The Reason for the Rules B. The Rule about the Rules C. The Sovereignty Debate D. The Ironic Role of Regional Trade Agreements (RTAs) E. The Fragility of Practicality III. The Big Question: How? A. How Would Multilateral Flexibility Look? B. How do we Sell Multilateral Flexibility? 9. Flexibility: Looking Ahead

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Book SynopsisThis volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.Trade Review‘Each chapter contains much of note. Dublin City University’s school of law and government and Manchester University Press have done a great public service by preparing and bringing out this excellent book. It will be read by anyone with an interest in how the judicial power of the State should function in a modern democracy.’Mr Justice Richard Humphreys is a judge of the High Court, The Irish Times April 2017‘It is a highly readable collection containing contributions from Ireland’s leading voices on the Constitution that will be of interest to lawyers, historians, political scientists and the general reader alike.’Alan Greene, Durham University, Irish Jurist -- .Table of ContentsIntroduction - Laura Cahillane, James Gallen and Tom HickeyPart I: Judicial power in a constitutional democracy: theoretical foundations 1. In defence of judicial innovation and constitutional evolution - Fiona de Londras2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan 4. Judges as God's philosophers: re-thinking 'principle' in constitutional adjudication - Tom HickeyPart II: Judging in the case of O'Keeffe v. Hickey: analysis and debate5. O'Keeffe v. Hickey: overview and analysis - James Gallen 6. The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey -Adrian Hardiman 7. Subsidiarity of ECHR and O'Keeffe v. Ireland: a response to Mr Justice Hardiman - Conor O'Mahony Part III: Judges and the political sphere: appointments and dialogue 8. Judicial appointments in Ireland: the potential for reform - Laura Cahillane 9. Merit, diversity, and interpretive communities: the (non-party) politics of judicial appointments and constitutional adjudication - David Kenny 10. Speaking to power: mechanisms for judicial-executive dialogue - John O'DowdPart IV: Judges and the Constitution in historical perspective 11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray12. 'The union makes us strong:' National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland - Donal Coffey 13. Ulster unionism and the Irish Constitution: 1970-1985 - Rory Milhench14. 'Towards a better Ireland:' Donal Barrington and the Irish Constitution - Tomás Finn Part V: Perspectives on the Constitution and judicial power 15. Administrative action, the rule of law and unconstitutional vagueness - Oran Doyle16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle SmythIndex

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Book SynopsisThis book examines the powerful influence of civil law on understandings and responses to madness in England and in New Jersey. The influence of civil law on the history of madness has not hitherto been of major academic investigation. This body of law, established and developed over a five hundred year period, greatly influenced how those from England’s propertied classes understood and responded to madness. Moreover, the civil law governing the response to madness in England was successfully exported into several of its colonies, including New Jersey. Drawing on a well-preserved and rare collection of trials in lunacy in New Jersey, this book reveals the important ties of civil law, local custom and perceptions of madness in transatlantic perspectives. This book will be highly relevant to scholars interested in law, medicine, psychiatry and madness studies, as well as contemporary issues in mental capacity and guardianship.Trade Review'James Moran has provided an important addition to the historiography of psychiatry and mental health provision in the eighteenth and nineteenth centuries. His new book contributes significantly to shifting the historical emphasis away from asylums and towards extra-institutional approaches to the card of the insane.'Social History of Medicine'Madness on Trial, introduces a ‘treasure trove’ of an alternative archive, in the form of documents relating to civil proceedings in lunacy from eighteenth- and nineteenth-century New Jersey. [it] is a welcome addition to the history of mental illness, and is a very useful and accessible work for anyone interested in mental health law and community or family practices of care.'Journal of The Historical Association'This is an excellent book: it offers a rich and deep inquiry into the legal and transatlantic histories of lunacy across place and space, also illuminating imperial legal practices around insanity. Moran’s original history provides a new set of insights into the interpretation of insanity through laws, the way law was used by different people, and the translation of imperial law into colonial contexts. This has not been achieved for the transatlantic historical site in such a deliberate and detailed way before now [...] Moran’s historical work is innovative. He makes a variety of new statements of method, purpose, evidence, and interpretation in and across legal and asylum histories. This field of madness, insanity, families, and institutions has a deep and sustained readership and continues to garner interest among students and researchers. Moran’s book also traverses multiple fields and readers, and will bring legal-historical methods and ideas to a wider audience.'Canadian Bulletin of Medical History'Madness on Trial thus offers a rich history of lunacy investigation law as well as points to new resources for scholars studying madness, mental health, and civil law in the pre-asylum era.'William J. Ryan, Journal of Early American History -- .Table of ContentsList of tablesAcknowledgments1 Introduction: civil law and madness in transatlantic context2 Suing for a lunatic: lunacy investigation law, 1320-18903 Indefinite mental states: negotiating the legal definition of madness4 Trials of madness: family struggles over property in England5 Care and protection: managing madness in England 6 Atlantic crossing: lunacy law as colonial inheritance7 Family, friends and neighbours: localizing madness in New Jersey8 Asylum in the community: managing madness in New Jersey 9 Orders in lunacy: lunacy investigation law and the asylum reconsidered10 ConclusionBibliographyIndex

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Book SynopsisThis highly original study brings together the disparate histories of murder and enlightenment, prostitution and the cult of nature, sodomy and sentimentalism in order to retell the story of the making of the modern self. It suggests that the history of the self needs to attend more to its class dimensions, and puts this insight into practice by examining the influence of the criminal courts in spreading and negotiating changing ideas of the self. Using criminal interrogations and witness statements, Trials of the self shows that an increasing stress on psychological depth in the late-eighteenth and early nineteenth centuries was not only important for elites, but also for common and illiterate people – sometimes even more so.Table of ContentsHow to do the history of the self: an introduction1 The self in court: procedures of conscience and confession2 Making reasonable selves: self-defence, honour and philosophical suicide3 Losing your self: magic, madness and other ways of losing control4 The tears of a killer: practicing sentimentalism and romanticism in criminal court5 The ambiguities of nature: self-talk as a challenge and as an opportunityConclusion: fragments of a history of the selfIndex

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Book Synopsis Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Düsseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.Trade Review “Defeating Impunity collects strong, substantial new research, often providing the main (or only) English-language presentation of the underlying research in the history of war crimes trials. The editors achieve nuance in a sober and balanced assessment of ‘international justice,’ a topic which previously has inspired cynical dismissal.” • Devin Pendas, Boston CollegeTable of Contents List of Figures and Tables Acknowledgements List of Abbreviations Chronology Introduction: Defeating Impunity in Twentieth-Century Europe Ornella Rovetta and Pieter Lagrou Chapter 1. The Law of Military Occupation and the Belgian Trials after 1918 Thomas Graditzky Chapter 2. The Claims of Belgian Deported Workers at the Paris Mixed Arbitral Tribunal in 1924 Arnaud Charon Chapter 3. Coining Postwar Justice from the Margins: Exile Lawyers in London, 1941–1945 Kerstin von Lingen Chapter 4. The Treasure Trove of the United Nations War Crimes Commission Archives, 1943—1949 Wolfgang Form Chapter 5. Legal Imagination and Legal Realism: ‘Crimes against Humanity’ and the US Racial Question in 1945 Guillaume Mouralis Chapter 6. Filling the Legal Void: Jewish Victims, German Offenders and Belgian Judges, 1942–1951 Marie-Anne Weisers Chapter 7. Soviet Footage of War Crimes, 1941–1946: Between Propaganda and Judicial Evidence Vanessa Voisin Appendix 7.1: Circular Sent to the Chiefs of Cinema Front Groups by Fedor Vasilchenko, the Director of Newsreel Production, 8 September 1943 (Excepts) Appendix 7.2: Circular Sent to the Chiefs of Cinema Front Groups by the Director of Newsreel Production Fedor Vasilchenko, 3 December 1943 (Excerpts) Chapter 8. From Majdanek to Demjanjuk: Failures of Justice in Postwar Germany, 1958–2009 Rebecca Wittmann Chapter 9. Force of Fact: Municipal Authorities, Victim Associations and Forensic Science at the International Criminal Tribunal for the former Yugoslavia Isabelle Delpla Chapter 10. International Law in Action: The Role of the Legal Advisor in Operations in the Twenty-First Century Chris De Cock Conclusion Ornella Rovetta and Pieter Lagrou Index

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Book SynopsisLaw and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.Trade ReviewThe study of English legal history has been greatly enhanced and brought up-to-date with the publication of a new edition of this seminal text. -- Ciaran McCabe, University College Dublin * The Journal of Legal History *Table of ContentsCHAPTER ONE. INSTITUTIONS AND IDEAS Part 1: Industrialisation 1750–1875 Part 2: Passing Greatness 1875–1950 CHAPTER TWO. LAND Part 1: Agricultural Exploitation 1750–1850 Part 2: Urban Conditions and Land Values 1750–1850 CHAPTER THREE. COMMERCE AND INDUSTRY Part 1: Contract Part 2: Debt, Bankruptcy, Insolvency Part 3: The Limited Liability Company Part 4: Legal Control of Anti-Competitive Activity Part 5: Technological Advance and The Patent System CHAPTER FOUR. LABOUR RELATIONS Part 1: Service and Its Regulation 1760–1875 Part 2: Employment 1875–1950 CHAPTER FIVE. THE FAMILY Part 1: Private Family Law 1750–1850 Part 2: New Pressures on Family Law: 1850–1950 CHAPTER SIX. POVERTY AND EDUCATION Part 1: Destitution in Country and Town 1750–1890 Part 2: Schools: Learning and Mass Literacy to 1890 Part 3: Poor Relief and Its Alternatives Part 4: Education – The Modern Structure CHAPTER SEVEN. ACCIDENTS Part 1: Compensation by Civil Suits Part 2: Planning Against Accidents CHAPTER EIGHT. CRIME Part 1: The Era of The Bloody Code Part 2: Criminal Justice Transformed Part 3: Into The Twentieth Century

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Book SynopsisAn entertaining diversion for lawyers and others, Twenty Famous Lawyers focuses on household names and high profile cases. Contains valuable insights into legal ways and means and looks at the challenges of advocacy, persuasion and the finest traditions of the law. With a backdrop of famous cases and personalities, Twenty Famous Lawyers is a kaleidoscope of information about the world of lawyers. To the fore are 20 individuals selected by John Hostettler as representative of those who have left their mark on legal developments. Ranging across countries, cultures and time these are people who helped raise (or in some cases lower) the law's values and standards. From high politics to human rights to legal loopholes, manipulation, pitfalls and downright trickery, the book is also a celebration of the contribution made by lawyers to society and democracy - often by those pushing boundaries or challenging injustice or convention. The book's 'supporting cast' includes such diverse personalities as Julius Caesar, Oscar Wilde, Gilbert and Sullivan, the Prince Regent and Lily Langtry. It covers trials for treason, murder, terrorism and even regicide, visiting courts from the Old Bailey to the Supreme Court of the USA to those of Ancient Rome. With chapters on: Clarence Darrow, Edward Carson, William Howe and Abraham Hummel, Matthew Hale, Marcus Cicero, Henry Brougham, John Adams, Helena Kennedy, Norman Birkett, Jeremy Bentham, Geoffrey Robertson, Abraham Lincoln, Edward Coke, Thomas Jefferson, Shami Chakrabati, James Fitzjames Stephen, Edward Marshall Hall, Gareth Peirce, Lord Denning and Cesare Beccaria. From the Text [Henry Brougham] first made a name...as a lawyer by his defence of the brothers John Hunt and John Leigh Hunt in two prosecutions for seditious libel in their newspaper, The Examiner. The first trial, on 22 January 1811, arose from an article entitled "One Thousand Lashes!!" which attacked flogging in the army. As William Cobbett had only recently been fined and sent to prison for two years for criticising army flogging in his Political Register the verdict against Hunt could hardly be in doubt. Nevertheless, Brougham secured a brilliant acquittal [after a speech] which was remarkable for "great ability, eloquence and manliness."Table of ContentsAbout the Author. Preface. 1. Clarence Darrow: Freedom and Humanity. 2. Edward Carson: Strong Man of Politics and the Law. 3. William Howe and Abraham Hummel: Tricksters and Criminals. 4. Matthew Hale: Judge, Jurist, Writer, Reformer. 5. Marcus Tullius Cicero: Birth of the Rule of Law. 6. Henry Brougham: Glitz of Cannes to the Calm of the Woolsack. 7. John Adams: Constitutional Draftsman and President. 8. Helena Kennedy: Parliament, Court and College. 9. Norman Birkett: One of the 'Great Advocates'. 10. Jeremy Bentham: Utility, Punishment and Law. 11. Geoffrey Robertson: Rights, Romans and Regicides. 12. Abraham Lincoln: Law, Politics and Civil War. 13. Edward Coke: Champion of the Common Law. 14. Thomas Jefferson: Visionary and Founding Father. 15. Shami Chakrabati: Equality, Respect and Human Rights. 16. James Fitzjames Stephen: Codes and Colonies. 17. Edward Marshall Hall: Forensic Skills and Spell-binding Eloquence. 18. Gareth Peirce: Public Works, Private Life. 19. Alfred Denning: People's Judge and an Unlikely Celebrity. 20. Cesare Beccaria: Crusader Against Torture. Select Bibliography. Index.

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Book SynopsisA fresh perspective on a crucial time for courts, policing and punishment. Shows how individuals, concerned parties and vested interests drove many of the era's developments. A colourful account, which captures the essence of the period. Running to nearly 700 pages, this comprehensive work on the development of summary jurisdiction, early policing and the emergence of London's embryonic modern criminal justice system looks at every aspect of these topics from numerous perspectives and across the eighteenth century. The 'whores' and 'highwaymen' of Gregory Durston's title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individuals-so that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolis-including Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policing-including policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justice-including the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. Whores and Highwaymen concentrates on the Metropolis but also compares other parts of England and Wales.Trade Review'A very-well-researched and readable book... a bit of a romp' - Law Society Gazette; 'A monumental work on crime and justice in eighteenth century London... treasures are contained in its 668 pages' - John Hostettler, Legal Historian and author.Table of ContentsPart One: Crime and the Metropolis; Part Two: Policing; Part Three: Justice.

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Book SynopsisThis book is intended for those in the humanities seeking a legal context for writing about rape in early modern England. It takes the premise that over the past four decades misunderstandings about rape law, and misreadings of rape statutes from medieval to Elizabethan times, have become widely cited in criticism. Helen Barker identifies how this has arisen, and discusses the main sources of confusion – including indissoluble issues around the word ‘ravishment’. Rape law historically encompassed elopement and abduction; this book offers a succinct overview of the law, and draws attention to the wider social context other than gender opposition in which it is often presented. In addition, critics have been tempted to rely on the ostensibly authoritative seventeenth-century treatise, The Lawes Resolutions of Womens Rights, as a legal source. By examining the context of its publication, this book suggests that the treatise is unreliable and can mislead the unwary.Table of Contents1. Critical Context and History.The Critical ContextCriticism and MethodologyHistory2. The Legal Framework.Common Law: Ancient, Medieval, Early ModernSome Sources of ConfusionBibliography3. Statute Law.Rape, Elopement and AbductionRape and Elopement After 1487The Abduction Acts“History cannot be written from the statute books alone”Bibliography4. The Lawes Resolutions Of Womens Rights.AuthorshipFinding a ReadershipLaw Books and the Print TradePublishing The Lawes ResolutionsRape Law, Criticism and The Lawes ResolutionsBibliography5. Conclusion.

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Book SynopsisDer Einfluß der amerikanischen Besatzungsmacht auf die Entstehung des Gesetzes gegen Wettbewerbsbeschränkungen (GWB) ist die Geschichte eines weitreichenden Konfliktes unterschiedlicher Ideologien. Das amerikanische Antitrustrecht traf nach 1945 in Deutschland auf die kontinentaleuropäische Kartellrechtstradition. Die alliierte Kartellpolitik der USA wurde eng mit der Frage nach deutscher Souveränität und deutschem Wirtschaftssystem verknüpft. Gleichzeitig gibt es einen Zusammenhang zwischen deutscher und europäischer Kartellpolitik. Beide wurden als gemeinsames Konzept von übereinstimmenden Entscheidungsträgern geschaffen. Wirtschaftliche, rechtliche und politische Erwägungen flossen wie in kaum einem anderen Rechtsgebiet zusammen. Lisa Murach-Brand untersucht an Hand von teilweise bisher noch unveröffentlichten Quellen aus den Bundesarchiven in Koblenz, London und Washington D.C., wie Menschen und Mächte auf die Entstehung des GWB eingewirkt haben.

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Book SynopsisIst die Demokratie das "Schmerzenskind" der Staatsrechtslehre? Volker Neumann beantwortet diese Frage anhand von fünf Epochen deutscher Staatlichkeit: Deutscher Bund/Vormärz, Kaiserreich, Weimarer Republik, NS-Regime und Bundesrepublik. Dabei klärt er, was die zeitgenössischen Staatsrechtslehrer unter Demokratie und benachbarten Themen wie Volkssouveränität, Repräsentation und Parteienstaat verstehen. Wichtige Vorgaben leistet das schweizerische Staatsrecht. Ein politisches System verdient den Ehrentitel "Demokratie", wenn die Ausübung von Staatsgewalt auf den Willen des Volkes zurückgeführt werden kann. Was aber ist der Volkswille? Die vielfältigen Antworten lassen sich zwei Richtungen zuordnen: Die erste behauptet, der Volkswille sei eine vorausgesetzte Idee, die nicht - wovon die zweite Richtung ausgeht - durch Abstimmungen ermittelt werden kann. Um diesen Richtungsstreit geht es im Kern auch in der Debatte um die demokratische Legitimation der Europäischen Union.

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Book SynopsisTable of ContentsI-XXXVIII -- BOOK I -- Introduction -- CHAPTER I: The Study of Roman Law -- CHAPTER II: The Source Materials of Roman Law -- CHAPTER III: Research in Roman Law -- CHAPTER IV: The Historiography of Roman Law -- BOOK II -- Archaic and Pre-Classical Law -- Introductory Note -- CHAPTER V: Early Roman History -- CHAPTER VI: Legis Actiones -- BOOK III -- Classical Law -- Introductory Note -- CHAPTER VII: Statute and Custom -- CHAPTER VIII: The Jurists and Jurists' Law. Introductory Note -- CHAPTER VIII: The Jurists and Jurists' Law. A. Juristic Activity in General -- CHAPTER VIII: The Jurists and Jurists' Law. B. The History of Juristic Science -- CHAPTER VIII: The Jurists and Jurists' Law. C. The Individual Jurists -- CHAPTER VIII: The Jurists and Jurists' Law. D. Jurists' Law -- CHAPTER VIII: The Jurists and Jurists' Law. E. Juristic Writing -- CHAPTER VIII: The Jurists and Jurists' Law. F. Legal Education -- CHAPTER IX: The Praetor and the Edict -- CHAPTER X: The Senate and Senatus Consulta -- CHAPTER XI: The Emperor and Constitutiones -- CHAPTER XII: Classical Law in Practice -- CHAPTER XIII: Theoretical Considerations in the Classical Law -- APPENDIX: Important Dates in the History of Roman Law -- Index of Sources Translated -- Subject Index

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Book SynopsisThree generations of a family of lawyers have run a firm founded in 1893 in the small city of Becskerek (today in Serbian Zrenjanin), first part of the Austro-Hungarian Habsburg monarchy, then Hungary, then Yugoslavia, then for a while under German occupation, then again part of Yugoslavia and finally Serbia. In the Banat district of the province of Vojvodina, the multiplicity of languages and religions and changes of place-names was a matter of course. What is practically unprecedented, all files, folders and documents of the law office have survived. They concern marriages, divorces, births and testaments, as well as expulsions, emigrations, incarcerations and releases of these largely rural and small-town dwellers. Mundane cases reflect times through war, peace, revolution and counter-revolution, through serfdom and freedom, through comfort and poverty. The files also show everyday lives shaped in spite of history. Tibor Várady transforms them into affecting and vivid vignettes, selecting and commenting without sentimentality but with empathy. The law office of the three generations of the Várady family demonstrates that the legal profession permits and in difficult times even requires its members to defend the ordinary men and women against the powers of state and society.Trade Review"Várady earlier published accounts of some of these case files, first in Hungarian in 2013, then in Serbian in 2015, and then in German in 2016. Anglophones are fortunate now to have access. For a social historian, interest lies in what the cases reveal about the life of a multi-ethnic community living through difficult times. A lawyer reading the book will wonder how s/he would have dealt with the situations that confronted the Várady law firm. An introduction by Professor Richard Buxbaum, former editor of the American Journal of Comparative Law, notes the book’s broader importance. It could well serve as a model for writers on law and social history, even those who do not have elders who practiced law through two world wars and one social revolution." -- John Quigley * Law and History Review *"The book reveals new sides of institutions and regimes, a pragmatic side to German officials’ legal decision-making that sometimes conflicted with their racial agendas and a complexity to communist revolutionary policies as lived experience. The result is a book in which we, as readers, feel as though we are accompanying the author to his attic, unpacking boxes, and making sense of the people whose lives comprised this tumultuous and devastating moment in the region’s history." https://doi.org/10.1017/slr.2023.29 -- Emily Greble * Slavic Review *Table of ContentsFOREWORD by Richard Buxbaum What is This Book about? I. ON THE RELEVANCE OF HISTORY II. THREE BECSKEREK STORIES Featuring Local Jews and Germans in the Leading Roles An anacrusis 1. The Eckstein Case 2. Socks on the Chandelier, Lives by a Thread 3. The Freund/Baráth Document III. HUNGARIAN STORIES OF BANAT People and Formulae 1. An Early Attempt to Topple the Soviet Power in Hungary 2. The Case of István Bakai with Various Armies 3. Is There a Window to Shoot From? IV. A STORY FROM THE BORDER OF BANAT From Goose-down Business and Border Trespassing to Concentration Camp V. DIVORCES, NEAR DIVORCES, AND SHAM DIVORCES 1. A Near Divorce 2. Divorces and Sham Divorces in the Wake of World War Two 3. A Husband Who Very Seldom Visits Pubs and Only in the People's Interest VI. LEGENDS CHECKED IN LEGAL FILES 1. The Messinger 2. Dueling in Becskerek VII. THE DEVELOPMENT OF THE ECONOMIC SITUATION Lawsuits in the Years of the First Five-Year Plan Some Perspective in Introduction 1. Corn or Corn Flour 2. Even if the Money is Made Available, I Cannot Transfer It 3. Cooperative Denial 4. A Calf-Killing Against the People’s Interests 5. Mafia-type Activity in the Years of the First Five-Year Plan VIII. EXPLOITING FASCISM AND ANTI-FASCISM IN DISPUTES BETWEEN NEIGHBORS AND CHURCHES 1. Fascism for Household Use in Becskerek 2. A Cynical Anti-People Smile (From Behind the Window)

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Book SynopsisLaws of the Constitution: Consolidated gathers all of the historical and contemporary constitutional documents pertaining to Canada, its provinces, and its territories, organized thematically and topically for ease of reference and supported by comprehensive lists and a thorough index. The volume excludes overridden and irrelevant documents, making it a comprehensive yet focused and precise reference that presents the words, ideas, and documents that have brought the constitution into being. A must for academic libraries, Bur’s compilation is an indispensable resource for lawyers and scholars in Canadian constitutional law, as well as historians, political scientists, policy makers, and anyone interested in constitution-making.Trade Review“Dr Bur’s new book is a treasure trove of Canadian constitutional law which is a most useful reference and also repays browsing by the curious…. Dr Bur has done an admirable job....” Greg Taylor, Law Institute Journal, September 2021Table of ContentsPreface ix Constitutional Documents—Indexed xvii Laws xvii Cases xlv Texts xlvi Other Constitutional Laws xlvi 1. General Principles 1 2. Acquisition of Territory 11 3. Creation of Government 19 4. Acquisition of Property 37 5. Union, Transition to Union and Conditions of Union 49 6. Distribution of Powers 101 7. Executive Authority 115 8. Parliamentary Structures and Procedures 209 9. Distribution of Property 595 10. Territories, Parliamentary Structures and Procedures 639 11. Protection of Rights 817 12. Aboriginal Rights 835 13. Boundaries 843 14. Amendment of the Constitutions 877 Index 887

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