Legal history Books

Book SynopsisAs featured on CBS Saturday Morning. Finalist for the 2023 National Book Critics Circle John Leonard Prize.In Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous for condemning Julius and Ethel Rosenberg to death for atomic espionage.In 1951, world attention fixed on Kaufman''s courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, sparedTrade ReviewA major judicial biography that earns a place of distinction alongside other notable recent works such as Tomiko Brown-Nagin's Civil Rights Queen: Constance Baker Motley and the Struggle for Equality, and Brad Snyder's Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment, Siegel's Judgment and Mercy gives its flawed, complex, and perhaps too-long-reviled subject the captivating, multi-dimensional chronicle his life and work deserve. * New York Journal of Books *The trial and executions of the Rosenbergs remain controversial to this day, and they've spawned a vast historical and polemical literature. Judgment and Mercy is the latest contribution. It seeks to provide a complete portrait of Kaufman by distinguishing between the bad judge of the Rosenberg trial and the good jurist who championed a variety of causes dear to the hearts of progressives. These included broadening the insanity defense, defending civil liberties and the desegregation of neighborhood schools, prosecuting individuals accused of torture outside the United States, and encouraging prison reform. * Jewish Book Council *Attorney Martin J. Siegel's well-written biography of his former boss (he was Kaufman's final law clerk), Judgment and Mercy, is fascinating and scrupulously fair. * Washington Independent Review of Books *There is more to Kaufman than the Rosenberg case, as Martin J. Siegel shows in his excellent biography.... [Judgment and Mercy] succeeds masterfully in illuminating the life of the ambitious son of immigrants who became a federal judge at the age of thirty-nine, angled to try the espionage case of the 20th century, and then had to live with the consequences of his actions the rest of his long tenure on the bench. * Washington Monthly *A meticulous and unsentimental inquiry aimed at solving the mystery at the heart of Kaufman's career. Martin J. Siegel's new biography has the virtue of persuading a reader that the puzzle is worth investigating. * The New York Review of Books *Table of ContentsPrologue: The Funeral 1. Isidore Mortem 2. Demon Boy Prosecutor 3. A Dream Come True 4. At Home on the Bench and Park Avenue 5. The Trial of the Century 6. Worse Than Murder 7. Immortality 8. Beaten by the Harvards 9. Apalachin and the Little Rock of the North 10. Elevation and Descent 11. The Forgotten Man 12. Hippieland 13. The Most Cherished Tenet 14. Annus Horribilis 15. Some Form of Justice 16. Keep the Beacon Burning Epilogue: "I Can't Believe I'm Going to Die"

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Book SynopsisThe Bureaucracy of Empathy revolves around two central questions: What is pain? And how do we recognize, understand, and ameliorate the pain of nonhuman animals? Shira Shmuely investigates these ethical issues through a close and careful history of the origins, implementation, and enforcement of the 1876 Cruelty to Animals Act of Parliament, which for the first time imposed legal restrictions on animal experimentation and mandated official supervision of procedures calculated to give pain to animal subjects.Exploring how scientists, bureaucrats, and lawyers wrestled with the problem of animal pain and its perception, Shmuely traces in depth and detail how the Act was enforced, the medical establishment''s initial resistance and then embrace of regulation, and the challenges from anti-vivisection advocates who deemed it insufficient protection against animal suffering. She shows how a bureaucracy of empathy emerged to support and administer the legislationTable of ContentsIntroduction 1. The Legal and Scientific Landscapes of the Act 2. The Right Forms for the Job: Anesthesia, Brain Research, and Certificate E 3. The Prick of a Needle: The Challenges of Inoculation 4. Regulating Pain in Laboratories: The Inspectorate 5. Libel, Slander, and Vivisection Conclusion: The Act in the Twentieth Century Postscript: "Can They Suffer?"

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Book SynopsisThe Bureaucracy of Empathy revolves around two central questions: What is pain? And how do we recognize, understand, and ameliorate the pain of nonhuman animals? Shira Shmuely investigates these ethical issues through a close and careful history of the origins, implementation, and enforcement of the 1876 Cruelty to Animals Act of Parliament, which for the first time imposed legal restrictions on animal experimentation and mandated official supervision of procedures calculated to give pain to animal subjects.Exploring how scientists, bureaucrats, and lawyers wrestled with the problem of animal pain and its perception, Shmuely traces in depth and detail how the Act was enforced, the medical establishment''s initial resistance and then embrace of regulation, and the challenges from anti-vivisection advocates who deemed it insufficient protection against animal suffering. She shows how a bureaucracy of empathy emerged to support and administer the legislationTable of ContentsIntroduction 1. The Legal and Scientific Landscapes of the Act 2. The Right Forms for the Job: Anesthesia, Brain Research, and Certificate E 3. The Prick of a Needle: The Challenges of Inoculation 4. Regulating Pain in Laboratories: The Inspectorate 5. Libel, Slander, and Vivisection Conclusion: The Act in the Twentieth Century Postscript: "Can They Suffer?"

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Book SynopsisYou can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news. Trade Review"This history of the idea and practice of trying to control news by treating it as intangible property is an important and hugely timely work—brilliantly researched and presented with real sophistication."—Lionel Bently, University of Cambridge"Who Owns the News? is a meticulous and fascinating history of attempts over four centuries to copyright news, but it is also much more than that. Will Slauter has given us a commercial history of journalism, which demonstrates that news is a public good that always needs to be embedded in a set of favorable arrangements in order to survive. It is a useful corrective to today's bromides about the promise of new forms of market support for news, at a time when its economic base has severely eroded."—Nicholas Lemann, Columbia Journalism School"A gripping tale, mixing the high principle of Supreme Court opinions with the low subterfuge of editors concocting fake news to expose pilfering rivals. At a moment of peril for both the news industry and the culture that depends on it, there could be no better demonstration of our need for a historical perspective on the most pressing issue of our time."—Adrian Johns, University of Chicago"Slauter spins stories of information-gatherers who bundled [the news], monetized it and tried (by means legal and extralegal) to protect their hard-earned labors. Who Owns the News weaves these strands into a magnificent narrative....Who Owns the News? is an entertaining and well-written reminder of the need to examine the history and first principles of copyright."—Raymond J. Dowd, New York Law Journal"This is a well-written, thoughtful book, demonstrating how copyright law has struggled to keep up with the development of news culture, setting out the historical context in great detail and supported by much research, and with interesting conclusions and predictions for the future. It is unreservedly recommended."—Charles Oppenheim, European Intellectual Property Review"[Slauter's] gripping history, which stretches over four centuries of the development of claims to legal control of news, refuses to succumb to simplistic or monolithic accounts....Slauter weaves an account rich in both details and perspectives. One finds in it a masterful synthesis of law, technological development, political context and ideals, economic practices, and the everyday norms of people working in the relevant industries."—Oren Bracha, Critical Analysis of Law"[It] would be a mistake to underestimate either the ambition or the accomplishments of Who Owns the News? By pursuing copyright questions that arose in contests to profit from news, Slauter (as he says) 'sheds light on the history of both.' The wisdom of this polynomial approach to history—solving for two variables at once—lies in the way it avoids consolidating either of its objects arbitrarily in light of what eventually happened, in order to see them in ongoing relation with one another."—Lisa Gitelman, Critical Analysis of Law"Slauter's thoughtful and detailed narrative of the battle among newspaper publishers to secure legal and other protection for their work product is inseparable from questions about what it means for something to be "news" in the first place—and, indeed, whether "journalism" is something different from 'news'....Slauter's carefully researched history doesn't put this question at its center, but it is certainly an undercurrent."—Laura A. Heymann, Critical Analysis of Law"A history of how copyright got to be property risks being a just-so story, per Kipling: a careful arrangement of moments suggesting that the result could not be other than it is. Who Owns the News?, Will Slauter's excellent account of copyright conflicts through history...nicely avoids that trap. The law of the news is a messy affair, like the news itself, and Slauter navigates its history elegantly."—Michael J. Madison, Critical Analysis of Law"With striking contemporary relevance, Who Owns the News? explores what happens when those involved in timely fact-based publishing, or news information, pursue copyright....Rather than providing a set of solutions to the strange time for truth that consumers of information find themselves in, Who Owns the News provides a history of copyright that gives readers an extensive and accessible story of possible paths to take, alongside ones to avoid."—Nora Slonimsky, Critical Analysis of Law"Slauter's work...can help us recognize the role that law and legal history play in structuring the political economy of copying....[It helps] us understand why permanent answers to copyright issues are, and will likely remain, elusive."—David Suisman, Reviews in American History"Who Owns the News? will be indispensable reading for anyone who engages in journalism history and will play an important role in shaping future research on this subject....[Slauter's] scholarship is a tour de force that has set the agenda for how to approach this essential and timely topic."—Stephan Pigeon, Victorian Periodicals Review

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Book SynopsisThis remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leaders—including Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenberg—engaged with the question of universal human rights. Letters to the Contrary presents the foundation of the intellectual struggles and ideological doubts still present in today's human rights debates. Since its adoption in 1948, historians and human rights scholars have claimed that the Universal Declaration of Human Rights was influenced by UNESCO's 1947–48 global survey of intellectuals, theologians, and cultural and political leaders, that supposedly demonstrated a truly universal consensus on human rights. Based on meticulous archival research, Letters to the Contrary provides a curated history of the UNESCO human rights survey and demonstrates its relevance to contemporary debates over the origins, legitimacy, and universality of human rights. In collecting, annotating, and analyzing these responses, including letters and responses that were omitted and polite refusals to respond, Mark Goodale shows that the UNESCO human rights survey was much less than supposed, but also much more. In many ways, the intellectual struggles, moral questions, and ideological doubts among the different participants who both organized and responded to the survey reveal a strikingly critical and contemporary orientation, raising similar questions at the center of current debates surrounding human rights scholarship and practice. This volume contains letters and survey responses from Jacques Havet, Jacques Maritain, Arnold J. Lien, Richard P. Mckeon, Quincy Wright, Levi Carneiro, Arthur H. Compton, Charles E. Merriam, Lewis Mumford, E. H. Carr, John Lewis, Harold J. Laski, Serge Hessen, John Somerville, Boris Tchechko, Luc Somerhausen, Hyman Levy, Ture Nerman, R. Palme Dutt, Maurice Dobb, Pierre Teilhard De Chardin, Marcel De Corte, Pedro Troncoso Sánchez, Mahatma Gandhi, Chung-Shu Lo, Kurt Riezler, Inocenc Arnošt Bláha, Hubert Frère, M. Nicolay, W. Albert Noyes, Jr., Aldous Huxley, Ralph W. Gerard, Johannes M. Burgers, Humayun Kabir, A. P. Elkin, S. V. Puntambekar, Leonard Barnes, Benedetto Croce, Jean Haesart, F. S. C. Northrop, Peter Skov, Emmanuel Mounier, Maurice Webb, John Macmurray, Julius Moór, L. Horváth, Alfred Weber, Don Salvador De Madariaga, Frank R. Scott, Jawaharlal Nehru, Margery Fry, Isaac Leon Kandel, René Maheu, Albert Szent-Györgyi, Morris L. Ernst, Arnold Schoenberg, W. H. Auden, Melville Herskovits, Theodore Johannes Haarhoff, Ernest Henry Burgmann, Herbert Read, and T. S. Eliot.Trade Review"In this clever and timely book, Mark Goodale complicates the presumed universality of human rights, providing an alternative history of the UNESCO process. Besides representing a fabulous archival 'find,' Letters to the Contrary provides vital historical and anthropological analysis to illuminate these texts. This stellar book is novel in its focus on a largely overlooked episode in the history of UNESCO and rights and classic in the sense that rights and internationalism continue to be central to so many disciplines today. Unearthed letters from the likes of Eliot, Auden, Schoenberg, Carr, and Huxley form a veritable who's who of twentieth-century political thought. Lively, eminently readable, and utterly stimulating."—Lynn Meskell, Stanford University"Goodale's superb reconstruction of the history surrounding the UNESCO-sponsored survey of human rights demonstrates perfectly the political and contingent nature of the origins of the international human rights enterprise. It reveals both the centrality of philosophy to that enterprise, and the virtual impossibility of seeking a conception of human rights that is universal in philosophical analysis rather than political compromise."—Philip Alston, New York University"Human rights might survive our age of rupture if we cease to delude ourselves with myth-making about their historical origins. In this outstanding book, Mark Goodale shows unequivocally that the creation moment of 'the age of rights' was in no sense universal at all. Letters to the Contrary makes it impossible to defend the triumphalist vision of the postwar human rights story with the blithe assertion that everybody agreed human rights were now the only game in town."—Stephen Hopgood, SOAS, University of London"All international human rights lawyers concerned with the universality of human rights should read this book. Mark Goodale reveals how human rights comparison and distinction, not identification of a common denominator, were at the core of the UNESCO human rights survey and the resulting examination of the grounds of an international declaration of human rights. Rediscovering a differentiated and culturally sensitive philosophical discussion of human rights is not only humbling, it allows us to hope for reinvigorated universal debate."—Samantha Besson, University of FribourgTable of ContentsHistory: UNESCO in the Paradigmatic Transition Interpretations: From a "Hollow Sham" to a "Plurality of Cultural Values" Memorandum and Questionnaire Circulated by UNESCO on the Theoretical Bases of the Rights of Man The Grounds of an International Declaration of Human Rights Foreword and Introduction to Human Rights, Comments and Interpretations, UNESCO 1949 Liberalism from the Ashes Beyond Egotistic Man: Communist, Socialist, and Social Democratic Challenges Rights in a Sacred Universe The Universal Declaration of Human Duties The Technological Society of the Future Universal Human Rights in a Colonial World Human Rights as History and Practice Specific Freedoms From Repudiation to the Play of Fancy

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Book SynopsisYou can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news. Trade Review"This history of the idea and practice of trying to control news by treating it as intangible property is an important and hugely timely work—brilliantly researched and presented with real sophistication."—Lionel Bently, University of Cambridge"Who Owns the News? is a meticulous and fascinating history of attempts over four centuries to copyright news, but it is also much more than that. Will Slauter has given us a commercial history of journalism, which demonstrates that news is a public good that always needs to be embedded in a set of favorable arrangements in order to survive. It is a useful corrective to today's bromides about the promise of new forms of market support for news, at a time when its economic base has severely eroded."—Nicholas Lemann, Columbia Journalism School"A gripping tale, mixing the high principle of Supreme Court opinions with the low subterfuge of editors concocting fake news to expose pilfering rivals. At a moment of peril for both the news industry and the culture that depends on it, there could be no better demonstration of our need for a historical perspective on the most pressing issue of our time."—Adrian Johns, University of Chicago"Slauter spins stories of information-gatherers who bundled [the news], monetized it and tried (by means legal and extralegal) to protect their hard-earned labors. Who Owns the News weaves these strands into a magnificent narrative....Who Owns the News? is an entertaining and well-written reminder of the need to examine the history and first principles of copyright."—Raymond J. Dowd, New York Law Journal"This is a well-written, thoughtful book, demonstrating how copyright law has struggled to keep up with the development of news culture, setting out the historical context in great detail and supported by much research, and with interesting conclusions and predictions for the future. It is unreservedly recommended."—Charles Oppenheim, European Intellectual Property Review"[Slauter's] gripping history, which stretches over four centuries of the development of claims to legal control of news, refuses to succumb to simplistic or monolithic accounts....Slauter weaves an account rich in both details and perspectives. One finds in it a masterful synthesis of law, technological development, political context and ideals, economic practices, and the everyday norms of people working in the relevant industries."—Oren Bracha, Critical Analysis of Law"[It] would be a mistake to underestimate either the ambition or the accomplishments of Who Owns the News? By pursuing copyright questions that arose in contests to profit from news, Slauter (as he says) 'sheds light on the history of both.' The wisdom of this polynomial approach to history—solving for two variables at once—lies in the way it avoids consolidating either of its objects arbitrarily in light of what eventually happened, in order to see them in ongoing relation with one another."—Lisa Gitelman, Critical Analysis of Law"Slauter's thoughtful and detailed narrative of the battle among newspaper publishers to secure legal and other protection for their work product is inseparable from questions about what it means for something to be "news" in the first place—and, indeed, whether "journalism" is something different from 'news'....Slauter's carefully researched history doesn't put this question at its center, but it is certainly an undercurrent."—Laura A. Heymann, Critical Analysis of Law"A history of how copyright got to be property risks being a just-so story, per Kipling: a careful arrangement of moments suggesting that the result could not be other than it is. Who Owns the News?, Will Slauter's excellent account of copyright conflicts through history...nicely avoids that trap. The law of the news is a messy affair, like the news itself, and Slauter navigates its history elegantly."—Michael J. Madison, Critical Analysis of Law"With striking contemporary relevance, Who Owns the News? explores what happens when those involved in timely fact-based publishing, or news information, pursue copyright....Rather than providing a set of solutions to the strange time for truth that consumers of information find themselves in, Who Owns the News provides a history of copyright that gives readers an extensive and accessible story of possible paths to take, alongside ones to avoid."—Nora Slonimsky, Critical Analysis of Law"Slauter's work...can help us recognize the role that law and legal history play in structuring the political economy of copying....[It helps] us understand why permanent answers to copyright issues are, and will likely remain, elusive."—David Suisman, Reviews in American History"Who Owns the News? will be indispensable reading for anyone who engages in journalism history and will play an important role in shaping future research on this subject....[Slauter's] scholarship is a tour de force that has set the agenda for how to approach this essential and timely topic."—Stephan Pigeon, Victorian Periodicals Review

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Book SynopsisGold Medal (tie) in the 2022 Independent Publisher Book Awards (IPPYs) - History (U.S.) Category. A rich account of 1920s to 1950s New York City, starring an eclectic mix of icons like James Joyce, Margaret Sanger, and Alfred Kinsey—all led by an unsung hero of free expression and reproductive rights: Morris L. Ernst. At the turn of the twentieth century, the United States was experiencing an awakening. Victorian-era morality was being challenged by the introduction of sexual modernism and women's rights into popular culture, the arts, and science. Set during this first sexual revolution, when civil libertarian-minded lawyers overthrew the yoke of obscenity laws, Dirty Works focuses on a series of significant courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included a who's who of European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a colorful cast of burlesque-theater owners and bookstore clerks, had run afoul of stiff obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's remarkable career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. Dirty Works sets the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry. The legacy of this important, but largely unrecognized, moment in American history must be reckoned with in our contentious present, as many of the issues Ernst and his colleagues defended are still under attack eight decades later.Trade Review"This impressive book sheds new light on the entangled, ages-old relationship of law, progress, and morality. Brett Gary has written a compelling tour de force."—Nadine Strossen, former president, American Civil Liberties Union"Attorney Morris Ernst relentlessly pursued a mission to secure legal protection for sexual expression. Gary recounts legal strategies and courtroom dramas in an original and important work, both authoritative and compelling."—Michael Schudson, Columbia University"Gary brilliantly resurrects the stirring histories of those who championed the censorial cause with brutish force and those who battled against it with exemplary determination. This engagingly written and thoroughly remarkable book provides a salutary lesson of what can go wrong when the eyes of beholders are closed."—Ronald K.L. Collins, co-author of We Must not be Afraid to be Free and editor of First Amendment News"In this well-researched, beautifully written book, Gary provides a compelling account of the struggles over censorship, sex, and morality in an age of explosive technological, economic, and social change. This is a fascinating story that opens up new perspectives on the changing status of women and the sexual revolution of the 60s and 70s."—Janice Radway, Northwestern University"How did sexual freedom become the law? In this marvelous history, Brett Gary returns to the sexual revolution of the early 20th century and introduces us to the long-forgotten courtroom hero, Morris Leopold Ernst. If you think you know who broke the chain of Victorian sexuality, this book will make you think again."—Fred Turner, author of The Democratic Surround"Brett Gary offers an original, insightful, and compelling analysis of the evolution of American obscenity law. As Morris Ernst himself put the point, his work was a project of 'sex enlightenment' that enriched our nation's commitment to individual liberty."—Geoffrey R. Stone, The University of Chicago"Brett Gary's study of censorship in the modern U.S. is 'a study of progress.' Gary shows in great detail that struggles over pornography and birth control are part of a checkered, but ultimately noble history of the advance of 'the right to be an informed, educated, free sexual being.'"—Francis G. Couvares, Amherst College"An important book about a neglected figure in the fight for reproductive rights and freedom of expression."—Kirkus"Readers will appreciate the thoroughness and accessibility of this deeply researched account."—Publishers Weekly"[R]eaders interested in 20th-century U.S. history, civil liberties litigation, Ernst and his legal colleagues, birth control, or the cultural basis of obscenity laws will find this book worthwhile."—Mark Jones, Library Journal"Dirty Worksis meticulously researched, including careful attention to primary documents, and we can see a deep enthusiasm for archival exploration throughout the book. Thanks to the author's diligence, readers will find a wealth of new information... The book is incredibly thorough, and anyone working on this period in obscenity law will want to consult its pages."—Jordan S. Carroll, Criminal Law & Criminal Justice BooksTable of Contents1. Moral Guardians and Sexual Modernists 2. Fighting for Sexual Education: Mary Ware Dennett Versus Postal Power 3. Women's Right to Sexual Pleasure: Marie Stopes Versus Customs Authority 4. The Taboo of Inversion: Radclyffe Hall and Literary Censorship 5. The Vomit School of Literature: Fighting Censorship in New York City 6. Defending Literary Genius: James Joyce's Ulysses on Trial 7. Battles for Birth Control: Margaret Sanger and the Moral Authority of Doctors 8. The Allure of the Erotic: Alfred Kinsey and Sexual Science, 1947–1957 Conclusion: From the First to the Second Sexual Revolution Epilogue: Morris Ernst's Complicated Legacy

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Book SynopsisThe rural county of Poyang, lying in northern Jiangxi Province, goes largely unmentioned in the annals of modern Chinese history. Yet records from the Public Security Bureau archive hold a treasure trove of data on the every day interactions between locals and the law. Drawing on these largely overlooked resources, Tiger, Tyrant, Bandit, Businessman follows four criminal cases that together uniquely illuminate the dawning years of the People's Republic. Using a unique casefile approach, Brian DeMare recounts stories of a Confucian scholar who found himself allied with bandits and secret society members; a farmer who murdered a cadre; an evil tyrant who exploited religious traditions to avoid prosecution; and a merchant accused of a crime he did not commit. Each case is a tremendous tale, complete with memorable characters, plot twists, and drama. And while all depict the enemies of New China, each also reveals details of village life during this most pivotal moment of recent Chinese history. Together, the narratives bring rural regime change to life, illustrating how the Chinese Communist Party cemented its authority through mass political campaigns, careful legal investigations, and sheer patience. Balancing storytelling with historical inquiry, this book is at once a grassroots view of rural China's legal system and its application to apparent counterrevolutionaries, and a lesson in archival research itself.Trade Review"Written in a lively and accessible style, each chapter presents a skillfully crafted and entertaining narrative of events triggered by the PRC party-state's efforts to intervene in one Chinese local society during the early 1950s. A valuable addition to the field."—Micah Muscolino, University of California, San Diego"Through masterful and transparent close readings of criminal cases from the Chinese countryside,Tiger, Tyrant, Bandit, Businessman models the practice of archival research as detective work. The book not only provides a lively portrait of a period and place in contemporary Chinese history, but also offers a marvelous introduction to the historian's craft for student researchers regardless of field."—Tobie Meyer-Fong, Johns Hopkins University"In this Le Carré-esquely titled gem, DeMare exploits a unique cache of criminal case files to document the impact that regime change had on the lives of four individuals suspected of 'counterrevolution.' Carefully crafted with an impressive capacity to develop narrative scope and intensity, the outcome is remarkable and riveting grassroots history at its best."—Michael Schoenhals, Lund UniversityTable of ContentsThe Setting: The County by the Lake 1. Casefile 1: Bandits, Big Swords, and the Rebel Scholar 2. Casefile 2: Big Tiger, Tyrant of the Mountain 3. Casefile 3: The Case of the Bodhisattva Society 4. Casefile 4: Merchant Zha Goes to Court A Few More Words in Closing

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Book SynopsisFor more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Trade Review"Ramnath offers a rich rethinking of the seismic shifts in governance and citizenship that accompanied war and decolonization in South and Southeast Asia. She shifts our gaze from official narratives, written from the perspective of politicians and diplomats, to the experience of the everyday subjects who had for generations made the interconnected shores of the Bay of Bengal their homes. A marvel of archival research and storytelling, Ramnath breathes life into dusty, crumbling records of legal disputes to reconstruct deeply moving tales of human separation and suffering, but also resilience and bravery."—Julia Stephens, Rutgers University"Boats in a Storm provides a moving and ethnographic panorama of people caught in the midst of changing contortions of nation, citizenship and borders in the era of decolonization. It tracks personal displacements and disputes, through tax, inheritance and remittance, and shows the everyday dilemmas that shot through people's lives. In place of diplomacy or high politics, we are left with the granular in comprehending jurisdictional demarcations that have potent afterlives to the present, for violent structures of statelessness, nationalism or for conflicts and authoritarianism that followed in later-twentieth century Sri Lanka, Burma, India or Malaysia."—Sujit Sivasundaram, University of Cambridge"Boats in a Storm is a magnificent contribution to the history of law and displacement in the Indian Ocean. Using a rich legal archive, Kalyani Ramnath shows us the history of decolonization in a new light through this astonishingly detailed picture of the loss suffered by migrants who found their itineraries interrupted by new borders and new jurisdictions. This is a spectacularly accomplished and insightful book!"—Sunil Amrith, Yale University"In her beautifully written book Boats in a Storm, Kalyani Ramnath scrutinises a plethora of archived legal accounts, memoirs, and administrative records to reconstruct the multiple migratory destinies of Indian migrants in Burma and Malaya after the Japanese occupation in 1942."—Antje Missbach, Journal of Current Southeast Asian Affairs"Ramnath's book deserves a wide readership because the issues that she discusses around the disruptive histories of decolonization and state formation, border-making and citizenship, as well as the experiences and narration of displacement, have a wide resonance. I recommend this model study unreservedly."—Peter Gatrell, European Review of HistoryTable of ContentsIntroduction: Boats in a Storm 1. 1942 2. Banana Money 3. Partnership Deeds 4. Application Forms 5. Women Who Wait 6. Red Flags 7. 1962 Conclusion: An Uneasy Calm

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Book SynopsisWith a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today. Trade Review"This book does more to unmask lethal injection's everyday cruelty than any other book that I know. Sarat writes with clarity and compassion, and anyone interested in justice would be well advised to read his words."—Sister Helen Prejean, author of Dead Man Walking"Macabre and painstakingly detailed, this book puts to rest any illusions that lethal injection is clean, safe or painless. This little book doesn't let us get away with abstract debates and intellectual complacency. It lands like a gut punch."—Congressman Jamie Raskin (MD-8),"This enormously readable book uncovers the troubled history and failed promise of lethal injection, and is sure to help change our national conversation about capital punishment."—Harlan Coben, #1 New York Times-bestselling author"Sarat vividly delineates the historical, social, legal, and ideological forces governing capital punishment and their implications and ramifications for individuals, the criminal justice system, and society. In a highly charged political era, this book is a timely education in capital punishment, executions, law, race relations, and social and legal reform—a must-read for all people interested in better understanding the application of the death penalty and those vested in positive transformation. Highly recommended."—M. G. Urbina, CHOICE"Lethal Injection and the False Promise of Humane Executionchronicles a significant, comprehensive, and insightful analysis of the history and evolutionary process of lethal injection executions in the United States, as well as the false promise of the perceived humanity of this method of execution. This ground-breaking book provides a thoughtful analysis including: the origins of lethal injection in this country, collapse of the original protocol of three-drugs (at issue in theBaze v. Reescase), a decade of botched executions from 2010-2020, state responses to these flagrant errors, and implications for futile reform and the future of capital punishment itself."—Talia Roitberg Harmon, Criminal Law and Criminal Justice BooksTable of Contents1. One Week in the World of Lethal Injection 2. The Origins of Lethal Injection 3. The Collapse of the Original Paradigm 4. A Decade of Mishaps 5. State Responses 6. Failure, Reform, and the Future

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Book SynopsisFor more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Trade Review"Ramnath offers a rich rethinking of the seismic shifts in governance and citizenship that accompanied war and decolonization in South and Southeast Asia. She shifts our gaze from official narratives, written from the perspective of politicians and diplomats, to the experience of the everyday subjects who had for generations made the interconnected shores of the Bay of Bengal their homes. A marvel of archival research and storytelling, Ramnath breathes life into dusty, crumbling records of legal disputes to reconstruct deeply moving tales of human separation and suffering, but also resilience and bravery."—Julia Stephens, Rutgers University"Boats in a Storm provides a moving and ethnographic panorama of people caught in the midst of changing contortions of nation, citizenship and borders in the era of decolonization. It tracks personal displacements and disputes, through tax, inheritance and remittance, and shows the everyday dilemmas that shot through people's lives. In place of diplomacy or high politics, we are left with the granular in comprehending jurisdictional demarcations that have potent afterlives to the present, for violent structures of statelessness, nationalism or for conflicts and authoritarianism that followed in later-twentieth century Sri Lanka, Burma, India or Malaysia."—Sujit Sivasundaram, University of Cambridge"Boats in a Storm is a magnificent contribution to the history of law and displacement in the Indian Ocean. Using a rich legal archive, Kalyani Ramnath shows us the history of decolonization in a new light through this astonishingly detailed picture of the loss suffered by migrants who found their itineraries interrupted by new borders and new jurisdictions. This is a spectacularly accomplished and insightful book!"—Sunil Amrith, Yale University"In her beautifully written book Boats in a Storm, Kalyani Ramnath scrutinises a plethora of archived legal accounts, memoirs, and administrative records to reconstruct the multiple migratory destinies of Indian migrants in Burma and Malaya after the Japanese occupation in 1942."—Antje Missbach, Journal of Current Southeast Asian Affairs"Ramnath's book deserves a wide readership because the issues that she discusses around the disruptive histories of decolonization and state formation, border-making and citizenship, as well as the experiences and narration of displacement, have a wide resonance. I recommend this model study unreservedly."—Peter Gatrell, European Review of HistoryTable of ContentsIntroduction: Boats in a Storm 1. 1942 2. Banana Money 3. Partnership Deeds 4. Application Forms 5. Women Who Wait 6. Red Flags 7. 1962 Conclusion: An Uneasy Calm

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Book SynopsisCircumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.Trade Review"More than a historical and comparative phenomenology of rabbinic legal ‘loopholes,’ this conceptually sophisticated and beautifully written volume offers a fascinating exploration of the role of values, intention, and subjectivity in classical rabbinic jurisprudence and exposes the paradoxical faithfulness behind the circumvention of divine law." * Christine Hayes, author of What's Divine About Divine Law: Early Perspectives *"Elana Stein Hain offers a provocative and persuasive reading of early rabbinic techniques for circumventing the law that immeasurably enriches our understanding of the early rabbinic worldview and invites readers to reconsider how our varying understandings of human nature shape legal rules from within." * Suzanne Last Stone, Yeshiva University *

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Book SynopsisIn The Supreme Court under Morrison R. Waite, 1874-1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816-1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution.Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.

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Book SynopsisLewis M. Steel, born a Warner Brothers' grandson, inherited a life of privilege, access, and opportunity. With every option available, he chose a life of purpose, spending more than fifty years as a no-holds-barred civil rights lawyer whose victories set legal precedents still relevant today. In The Butler's Child, Steel explores the important role race played in his upbringing, anchored by his relationship with the family's African American butler, and why this attorney has devoted his life to pursuing racial justice.This insightful life story chronicles his close relationship with Robert L. Carter, his mentor and extraordinary NAACP general counsel. Steel was there during the Attica uprising, represented innocent African Americans in front-page murder cases, and played a central role in the evolution of civil rights law from the height of the movement to landmark cases in the decades that followed. The Butler's Child provides an insider's look at some of these emotion-packed, hard-fought trials and decisions from the 1960s to the present by an attorney still working to advance rights that should be available to all.

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Book SynopsisHave you ever wondered what it's like to argue before the Supreme Court of the United States?In this poignant and compelling memoir, Lisa Sarnoff Gochman captures the terror, wonder, and joy of preparing for and arguing a landmark criminal case before the nine justices of the US Supreme Court in Washington, DC. At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor. Told with grace and humor, At the Altar of the Appellate Gods will interest anyone who is curious about the inner workings of our court system and what it is really like to bring a case before the highest court in the country.Trade ReviewLisa Gochman tells the story of her one argument before the US Supreme Court with warmth, humor, and a dose of well-earned pride. Here is a rare glimpse of life at the court—not on the bench but in front of it—that even experienced court-watchers will find illuminating. -- Linda Greenhouse, author of Justice on the Brink: The Death of Ruth Bader GinsburgAn entertaining and informative look at the challenges facing a lawyer making her first argument before the Supreme Court—in what turns out to be one of the most important criminal law cases of the decade. At the Altar of the Appellate Gods shows not just the legal side, but also the human side, of this once-in-a-lifetime experience. -- Dan SchweitzerThe rarefied lawyers who argue before the US Supreme Court often call it the pinnacle of their appellate careers. But they rarely talk about the arduous, intense, nerve-racking, drop-everything steps they take to get to the lectern for a half-hour of answering a barrage of questions from the nine most important jurists in the nation. In a book that every appellate lawyer or Supreme Court aficionado should read, Lisa Sarnoff Gochman has pulled back the velvet curtain of the court to reveal what it is really like to argue before the Supreme Court. Gochman, currently of counsel at Monmouth County Prosecutor's Office in New Jersey, argued 22 years ago in Apprendi v. New Jersey, an important criminal law case ruling that juries, not judges should decide when factors increase the penalty for a crime. Her book, At the Altar of the Appellate Gods: Arguing Before the US Supreme Court, is frank, funny, and a page-turner at times as Gochman vividly spells out the inside details leading up to oral argument day. An example: lawyers about to argue waited at the Lawyer's Lounge, where the clerk of the court offered advice on what to do and not do (such as don't call a justice 'judge'). They were also offered cough drops, aspirin, Band-Aids, and yes, smelling salts, of all things. "I was comforted to know that fainting in the United States Supreme Court was not unprecedented," she wrote. Oyez, oyez, read this book! -- Tony Mauro, Supreme Court journalist for 43 years and author of several books about the court's landmark casesNo 'dehydrated peach' of a legal treatise or trial transcript here! At the Altar of the Appellate Gods takes us on one woman's colossal roller coaster ride of presenting argument at the United States Supreme Court in the landmark hate-crime sentencing case of Apprendi v. New Jersey. Through Lisa Gochman's vivid and candid account, we're on the white-knuckled ride with her—cheering her hard work and successes while commiserating with her self-doubts and tribulations—and come away better understanding our judicial system. A great read for lawyers, law students, and anyone interested in the appellate process. -- Marlene Trestman, author of Fair Labor Lawyer:The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie MargolinLisa Gochman's excellent memoir about her argument before the United States Supreme Court is lively, engaging, funny, warm, and kind. Her well-paced book adeptly weaves together the personal and professional parts of the story. The writing is admirably clear—accurate for the legal or even specialist reader yet accessible to anyone. -- Edward DuMont, Supreme Court litigatorLegal-minded readers and SCOTUS watchers will enjoy the author's account of her brief spell in the lion's den. * Kirkus Reviews *At the At the Altar of the Appellate Gods: Arguing before the US Supreme Court, tells the story of how the experience of arguing Apprendi made a lasting impact on one of the attorneys. . . . At slightly under 200 pages (including endnotes) At the Altar of the Appellate Gods is a fast-paced, behind-the-scenes account of Gochman's preparation for oral argument culminating in that monumental day in front of the nine justices. She is by turns reverent and irreverent, sometimes self-deprecating, but always cognizant of her responsibility to the State of New Jersey and ultimately, the family who were victimized by Apprendi. -- Elizabeth Kelley * ABA Criminal Justice Section Newsletter *Table of ContentsAcknowledgmentsPrologueChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Chapter 9Chapter 10Chapter 11Chapter 12Chapter 13Chapter 14Chapter 15Chapter 16Chapter 17Chapter 18Chapter 19Chapter 20Chapter 21Chapter 22Chapter 23

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Book SynopsisA nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of law on everyday lives in Australia during the Great War.In this original book, lawyer and historian Catherine Bond breathes life into the laws that were central to the way that people’s daily lives were managed in Australia 1914–18. Riveting and at times shocking, it argues that in First World War Australia, law perpetuated a form of tyranny in the name of victory in war.Bond finds that law was used as a tool against many Australians to discriminate, oppress, censor and deprive them of property, liberty and basic human rights. This legal regime created a deep injustice that, for the most part, has remained undocumented and unacknowledged.The book examines and documents individual experiences under the law, so we meet: The men who wrote the laws A police officer who enforced the law Two men interned under the law Two female protesters who were gaoled under the law A man imprisoned multiple times then deported Three men who were discriminated against by the law Two men who benefitted from the law Many infamous laws were used during this period, including the War Precautions Act (and its myriad regulations) and the Unlawful Associations Act. Engaging and informative, this book holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime, some of which is still in force to this day.

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Book SynopsisCanada's Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada's legal pasts - and why we study them. Telling new stories - about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more, this book presents the vibrant evolution of Canada's legal tradition. Explorations of primary sources, including provincial archive records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada's most marginalized people, show the many different ways of researching and understanding legal history. This is Canadian legal history as you've never seen it before. Canada's Legal Pasts dives into new topics in Canada's fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.Table of Contents Foreword: A Student's Take on Canada's Legal Pasts Nick Austin Introduction: Canada's Legal Pasts: Looking Forward, Looking Back Ted McCoy, Lyndsay Campbell, Mélanie Méthot Part I: Illuminating Cases Family Defamation in Quebec: The View from the Archives Eric H. Reiter Writing Penitentiary History Ted McCoy Analyzing Bigamy Cases without Archival Records: It Is Possible Mélanie Méthot Trial Pamphlets and Newspaper Accounts Lyndsay Campbell The Last Voyage of the Frederick Gerring, Jr Christopher Shorey The Textbook Edition of Kent's Commentaries Used in the Gerring Angela Fernandez Part II: Exploring Systems Empire's Law: Archives and the Judicial Committee of the Privy Council Catharine MacMillan Practising Law in the ""Lawyerless"" Colony of New France Alexandra Havrylyshyn Poursuivre son mari en justice au Bas-Canada: femmes mariées et coutume de Paris devant la cour du Banc du roi (1795-1830) Jean-Philippe Garneau Getting Their Man: The NWMP as Accused in the Territorial Criminal Court in the Canadian North-West, 1876-1905 Shelley A.M. Gavigan Part III: Writing Legal History: Past, Present and Future Sex Discrimination in Law: From Equal Citizenship to Human Rights Law Dominique Clément Legal-Historical Writing for the Canadian Prairies: Past, Present, Future Louis A. Knafla Primary source bibliography Secondary source bibliography Contributors Index

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Book SynopsisCanada's Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada's legal pasts-and why we study them.Telling new stories-about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more-this book presents the vibrant evolution of Canada's legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada's most marginalized people, show the many different ways of researching and understanding legal history.This is Canadian legal history as you've never seen it before. Canada's Legal Pasts dives into new topics in Canada's fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.Table of Contents Foreword: A Student's Take on Canada's Legal Pasts, Nick Austin Introduction: Canada's Legal Pasts: Looking Forward, Looking Back, Ted McCoy, Lyndsay Campbell, Mélanie Méthot Part I: Illuminating Cases Family Defamation in Quebec: The View from the Archives, Eric H. Reiter Writing Penitentiary History, Ted McCoy Analyzing Bigamy Cases without Archival Records: It Is Possible, Mélanie Méthot Trial Pamphlets and Newspaper Accounts, Lyndsay Campbell The Last Voyage of the Frederick Gerring, Jr, Christopher Shorey The Textbook Edition of Kent's Commentaries Used in the Gerring, Angela Fernandez Part II: Exploring Systems Empire's Law: Archives and the Judicial Committee of the Privy Council, Catharine MacMillan Practising Law in the "Lawyerless" Colony of New France, Alexandra Havrylyshyn Poursuivre son mari en justice au Bas-Canada: femmes mariées et coutume de Paris devant la cour du Banc du roi (1795-1830) , Jean-Philippe Garneau Getting Their Man: The NWMP as Accused in the Territorial Criminal Court in the Canadian North-West, 1876-1905, Shelley A.M. Gavigan Part III: Writing Legal History: Past, Present and Future Sex Discrimination in Law: From Equal Citizenship to Human Rights Law, Dominique Clément Legal-Historical Writing for the Canadian Prairies: Past, Present, Future, Louis A. Knafla Primary source bibliography Secondary source bibliography Contributors Index

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Book SynopsisThe 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws.A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations.Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. SuthersanenTrade Review‘An excellent resource for historians and legal scholars, as well as an instructive text for policymakers and international copyright associations, A Shifting Empire is enthusiastically recommended especially for college libraries and reference collections with a focus on copyright law.’ -- The Midwest Book ReviewTable of ContentsContents: Introduction: Albion’s Legacy? Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma Suthersanen 2. New Zealand and the Imperial Copyright Tradition Geoff McLay 3. The Imperial Copyright Act 1911 in Australia Sam Ricketson 4. Mandatory Copyright: From Pre-Palestine to Israel, 1910–2007 Michael D. Birnhack 5. The Imperial Copyright Act 1911 and the Indian Copyright Law T.G. Agitha and N.S. Gopalakrishnan 6. The Imperial Copyright Act 1911 in Singapore: Copyright Creatures Great and Small, This Act it Made Them All Ng-Loy Wee Loon 7. Shades of Grey: Uncovering the Century Old Imperial Imprint on Jamaica’s Modern Copyright Act Dianne Daley 8. The Imperial Copyright Act 1911’s Role in Shaping South African Copyright Law Tana Pistorius 9. No Copyright Law is an Island Ysolde Gendreau Index

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Book SynopsisThe initial responses to 9/11 engaged categorical questions about 'war', 'terrorism', and 'crime'. Now the implementation of counter-terrorism law is infused with dichotomies - typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems.This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.Contributors: M.L. Anglí, S. Bronitt, B. Dickson, S. Donkin, F. Galli, J.-M.L. Gorostiza, S. Hufnagel, A. Masferrer, M.C. Meliá, J. Moran, A. Petzsche, A. Staniforth, C. Walker, S. Wallerstein, D.P.J. WalshTrade Review'A deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more security powers. It carefully examines the boundaries between crime and thought, crime and war, the domestic and the international and the legal and the illegal-boundaries that were once seen as inviolate, but which have become blurred during the last turbulent decade.' --Kent Roach, University of Toronto, Canada'This edited book contains very informative, well-researched and well-argued chapters. It brings to the fore legal and conceptual issues that have preoccupied lawyers, academics and government officials since 9/11.' --Stéphane Lefebvre, Rutgers School of Criminal JusticeTable of ContentsContents: PART I: CROSSING LEGAL BOUNDARIES IN CONCEPTUAL CATEGORIES 1. Countering Terrorism and Crossing Legal Boundaries Aniceto Masferrer and Clive Walker 2. What does ‘Terrorism’ Mean? Mariona Llobet Anglí 3. The Fragility of Fundamental Rights in the Origins of Modern Constitutionalism: Its Negative Impact in Protecting Human Rights in the ‘War on Terror’ Era Aniceto Masferrer 4. Myths and Misunderstandings About Security, Rights and Liberty in the United Kingdom Jon Moran PART II: CROSSING LEGAL BOUNDARIES FROM LIBERTY TO CRIME 5. Terrorism as a Criminal Offence Manuel Cancio Meliá and Anneke Petzsche 6. Freedom of Thought or ‘Thought-crimes’? Counter-terrorism and Freedom of Expression Francesca Galli 7. Terrorism and Crimes against Humanity: Interferences and Differences at the International Level and their Projection upon Spanish Domestic Law Jon-Mirena Landa Gorostiza 8. Safety Interviews, Adverse Inferences and the Relationship between Terrorism and Ordinary Criminal Law Shlomit Wallerstein PART III: CROSSING LEGAL BOUNDARIES IN CRIMINAL JUSTICE SYSTEMS 9. Critical Perspectives on the Evaluation of Counter-Terrorism Strategies: Counting Costs of the ‘War on Terror’ in Australia Susan Donkin and Simon Bronitt 10. The Right of Access to a Lawyer in Terrorist Cases Brice Dickson 11. Erasing the Distinction between Anti-terrorist and Criminal Justice Measures in Ireland: Past and Present Dermot P.J. Walsh PART IV: CROSSING LEGAL BOUNDARIES IN COUNTER-TERRORISM ORGANISATIONS 12. Cross-border Law Enforcement in the Area of Counter-terrorism: Maintaining Human Rights in Transnational Policing Saskia Hufnagel 13. Detention in Extremis: Transferring Lessons from Counter-terrorism Policing to Military Detentions Clive Walker 14. The Amplification and Melding of Counter-terrorism Agencies: From Security Services to Police and Back Again Clive Walker and Andrew Staniforth Bibliography Index

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Book SynopsisIs comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens. A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds. Contributors: S.P. Donlan, S. Drescher, M. Dyson, P. Finkelman, D. Freda, A. Giuliani, J.-L. Halpérin, D. Heirbaut, E. Kadens, M.S.-H. Kim, A. Masferrer, D. Michalsen, K.Å. Modéer, O. Moréteau, J.A. Obarrio, A. Parise, H. Pihlajamäki, W. Swain, A. Taitslin, C.H. van Rhee, J. VanderlindenTrade Review‘Comparative Legal History offers important and useful lenses in this process of understanding law in all its "socio-political colors".’ -- Razvan Cosmin Roghina, Romanian Journal of Comparative LawTable of ContentsContents: List of contributors Acknowledgments The emergence of comparative legal history Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau PART I Theory and Methods 1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing Boundaries Sean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approach Dag Michalsen 4. Comparative legal history: methodology for morphology Matthew Dyson PART II LEGAL SOURCES 5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law Jacques Vanderlinden 6. Convergence and the colonization of custom in pre-modern Europe Emily Kadens 7. Custom as a source of law in European and East Asian legal history Marie Seong-Hak Kim 8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case Aniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS 10. The triumph of judicial review: the evolution of post-revolutionary legal thought Jean-Louis Halpérin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher 12. Continental European superior courts and procedure in civil actions (11th-19th centuries) C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not Anna Taitslin 14. The common law and the Code civil: the curious case of the law of contract Warren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch Kjell Å. Modéer PART IV CODIFICATION 16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events Dirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions Agustín Parise 18. Why was private law not codified in Sweden and Finland? Heikki Pihlajamäki Index

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Book SynopsisThrows much new light on questions of gentry honour, the nature and prevalence of early modern elite violence, and the process of judicial investigation in Shakespeare's England This book offers an analysis of Jacobean duelling and gentry honour culture through the close examination and contextualisation of the most fully documented duel of the early modern era. This was the fatal encounter between a Flintshire gentleman, Edward Morgan, and his Cheshire antagonist, John Egerton, which took place at Highgate on 21 April 1610. John Egerton was killed, but controversy quickly erupted over whether he had died in a fair fight of honour or had been murdered in a shameful conspiracy. The legal investigation into the killing produced a rich body of evidence which reveals in unparalleled detail not only the dynamics of the fight itself, but also the inner workings of a seventeenth-century metropolitan manhunt, the Middlesex coroner's court, a murder trial at King's Bench, and also the murky webs of aristocratic patronage at the Jacobean Court which ultimately allowed Morgan to secure a pardon. Uniquely, a series of dramatic Star Chamber suits have survived that also allow us to investigate the duel's origins. Their close examination, as Lloyd Bowen shows, calls into question the historiographical paradigm which sees early modern duels as matters of the moment and distinct from, as opposed to connected to, the gentry feud. The book throws much new light on questions of gentry honour, the nature and prevalence of early modern elite violence, and the process of judicial investigation in Shakespeare's England.Trade ReviewA rich narrative that does much to inform the recent historiography of the relationship between aristocratic notions of honour and elite violence in early modern societies....Lloyd Bowen should be congratulated for making such a substantial contribution to the literature on duelling, litigation, masculinity, and elite honour culture more broadly. The book will be admired by scholars in the field for years to come. * MIDLAND HISTORY *Table of ContentsIntroduction Fathers, Sons and Kinsmen: The Morgans and the Egertons A 'Great Styrre & Adoe': The Talacre Inheritance Dispute, 1606-8 Challenges Offered and Declined, 1608 The Duel in Elizabethan and Jacobean England and Wales Honour, Gentility and Violence: Highgate, 21 April 1610 Corruption, Conspiracy and the Coroners Shifting Perspectives: Murder and Manslaughter in the Highgate Duel Jurors, Politics and Pardons: The Trial at King's Bench, 1610-11 Epilogue(s) Conclusion Appendix 1: Timeline of the Morgan-Egerton Conflict Appendix 2: Jurors in King's Bench for the Trial of Edward Morgan Bibliography

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Book Synopsis2022 Hywel Dda Award (University of Wales Literary Awards) A ground-breaking study of the lawbooks which were created in the changing social and political climate of post-conquest Wales. The Middle Ages in Wales were turbulent, with society and culture in constant flux. Edward I of England's 1282 conquest brought with it major changes to society, governance, power and identity, and thereby to the traditional system of the law. Despite this, in the post-conquest period the development of law in Wales and the March flourished, and many manuscripts and lawbooks were created to meet the needs of those who practised law. This study, the first to fully reappraise the entire corpus of law manuscripts since Aneurin Owen's seminal 1841 edition, begins by considering the background to the creation of the law from the earliest period, particularly from c.1100 onwards, before turning to the "golden age" of lawmaking in thirteenth-century Gwynedd. The nature of the law in south Wales is also examined in full, with a particular focus on later developments, including the different use of legal texts in that region and its fourteenth- and fifteenth-century manuscripts. The author approaches medieval Welsh law, its practice, texts and redactions, in their own contexts, rather than through the lens of later historiography. In particular, she shows that much manuscript material previously considered "additional" or "anomalous" in fact incorporates new legal material and texts written for a particular purpose: thanks to their flexible accommodation of change, adjustment and addition, Welsh lawbooks were not just shaped by, but indeed shaped, medieval Welsh law.Table of ContentsIllustrations Abbreviations Law Manuscripts and Sigla Preface PART I: READING THE LAW, SHAPING THE LAW 1.Introduction: Medieval Welsh Law and the Lawtexts 2.'A Rather Laborious and Harassing Occupation': Ancient Laws and Institutes of Wales and the Historiography of the Welsh Laws 3.'Rei a dyweit': Lawyers and the Law in Medieval Wales Appendix - 'Rei a dyweit' PART II: A NEW APPROACH TO CYFRAITH HYWEL 4.'All Additional and Later Matter': The 'Anomalous Laws' and the Lawtexts 5.'Achwannec kyureith dylyedus y chynnal': the Blegywryd Redaction 6.'O gyureith Hywel Da, a'e arueroed, a'e gynneuodeu': The Development of the Redaction Manuscripts 7.'Much matter not elsewhere to be found': The Non-Redaction Lawbooks Conclusion Acknowledgements Glossary Bibliography Index Index of Manuscripts

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Book SynopsisValuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.Table of ContentsIntroduction: Law as Literature/Literature as Law Andrew Rabin and Anya Adair Part I. Law and Literature: Normative Alliances 1. The Alfredian Prose Psalms and a Legal English Identity Jay Paul Gates 2. Cynescipe, Bishop Æthelwold, and the Spread of Legal Language Arendse Lund 3. Traces and Supplements: Literary Prose in Sawyer 404 Scott T. Smith 4. The Curious Incident of the Monster in the Night-Time: Circumstantial Evidence in Law and Poetry Anya Adair 5. Uncertain Judgment: The Ordeal in Hagiography and Law Andrew Rabin Part II. Literature and Law: Normative Renewals 6. The Historical and Literary Context of the Legatine Capitulary of 786 in England and Abroad Kristen Carella 7. Liturgy as Law: Coronation Ordines in Tenth-Century England Nicole Marafioti 8. The Passive Ealdorman? Juxtaposing the later Old English Law Codes and the 'Dispute Narratives' Mary Elizabeth Blanchard 9. Royal Reeves, Royal Authority, and the 'Holy Society' in Archbishop Wulfstan's Writings Chelsea Shields-Más 10. Laying Down the Law? Bishop Headda's Visit to Saint Guthlac Stefan Jurasinski 11. The Terms of Hypocrisy in Early English Law and Literature: Ælfric and Wulfstan Sherif Abdelkarim

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Book SynopsisExplores the variety of legal and regulatory regimes that existed in Western Europe to control labour and how workers experienced those controls. Many economic historians have assumed that labour in Western Europe was 'free' after the end of serfdom in the fifteenth century. These assumptions are increasingly being questioned and labour laws have been identified as creating significant restrictions on workers' freedom. This collection is the first book to look at labour laws across Western Europe from a longer-term perspective. It is interdisciplinary in nature bringing together studies in social, political, economic and legal history. Elements of labour legislation appeared before the Black Death, but were strengthened afterwards particularly in places and periods where labour became scarce. The collection focuses on the rural economy in the late medieval and early modern period. It provides a series of studies which introduce a range of approaches to labour regulation and the very idea of labour across Europe. Uniquely, the collection offers observations on the impact of labour laws on everyday social relations. Attempts to regulate work and labour varied widely: in places they amounted to wishful thinking on the part of the regional authorities, whereas elsewhere they could impose severe limitations on individual freedoms. Contributors: Davide Cristoferi, Theresa Johnsson, Thijs Lambrecht, Charmian Mansell, Francine Michaud, Hanne Østhus, Raffaella Sarti, Carolina Uppenberg and Jane Whittle.Trade ReviewMakes clear that a better understanding of the developing ideas and practices in Europe before the sixteenth century will also lead to a better understanding of the slave trade. It invites new questions about self-representations of the organization of labor within Europe over a longer period. This makes it an important book. Original Dutch: Het maakt duidelijk dat een beter begrip van de zich ontwikkelende ideeën en praktijken in Europa vóór de zestiende eeuw ook tot meer inzicht zal leiden in de door slavenhandel. Het nodigt ook uit tot het stellen van nieuwe vragen over zelfrepresentaties van de organisatie van arbeid binnen Europa over een langere periode. Daarmee is het een belangrijk boek. * TIJDSCHRIFT VOOR GESCHIEDENIS *Table of ContentsList of Illustrations List of Contributors Acknowledgements Introduction: Towards a Comparative History of Europe's Labour Laws c.1350-1850 Thijs Lambrecht and Jane Whittle Part I: Regulating Agricultural Workers c.1350-1600 1. Attitudes to Wage Labour in English Labour Legislation, 1349-1601 Jane Whittle 2. Agricultural Workers and their Contractual Terms of Employment in Marseille, 1349-1400 Francine Michaud 3. The Ties that Bind: Mezzadria and Labour Regulations after the Black Death in Florence and Siena, 1348-c.1500 Davide Cristoferi Part II: The Regulation and Classification of Labour in Early Modern Europe 4. Slaves, Servants and Other Dependent People: Early Modern Classifications and Western Europe's Self-Representation Raffaella Sarti 5. The Servant, the Law and the State: Servant Law in Denmark-Norway, c.1600-1800 Hanne Østhus 6. Labour Legislation in the Southern Low Countries, c.1600 - c.1820 Thijs Lambrecht 7. Dimensions of Free and Unfree Labour in the Swedish Servant Acts, 1664-1858 Carolina Uppenberg Part III: The Experience of Regulation 8. Objecting to Youth: Popular Attitudes to Service as a Form of Social and Economic Control in England, 1564-1641 Charmian Mansell 9. Exposed Lives: Compulsory Service and 'Vagrancy' Practices in Sweden in the 1830s Theresa Johnsson 10. The Moral Economy of Compulsory Service: Labour Regulations in Law and Practice in Nineteenth-Century Iceland Vilhelm Vilhelmsson Index

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Book SynopsisGenerations of law and economics scholars have been fascinated by history, seeing in its institutions and laws a vast database for illustrating their theories. Equally, historians have seen economic analysis as a helpful tool with which to analyse legal institutions. As a result a vibrant field has emerged in which people trained in law, economics, history and political science have all made significant contributions. This research review identifies the most important works examining legal history from an economic perspective.Table of ContentsContents: Acknowledgements Introduction Daniel Klerman PART I LAW AS DEPENDENT VARIABLE: EFFICIENCY AND BEYOND 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review, 57 (2), May, 347–59 2. Zeynep K. Hansen and Gary D. Libecap (2004), ‘The Allocation of Property Rights to Land: US Land Policy and Farm Failure in the Northern Great Plains’, Explorations in Economic History, 41 (2), April, 103–29 3. Paul G. Mahoney (2001), ‘The Political Economy of the Securities Act of 1933’, Journal of Legal Studies, XXX (1), January, 1–31 4. Daniel Klerman (2007), ‘Jurisdictional Competition and the Evolution of the Common Law’, University of Chicago Law Review, 74 (4), Fall, 1179–226 PART II LAW AS INDEPENDENT VARIABLE: WOMEN’S AND MINORITY RIGHTS 5. James J. Heckman and Brook S. Payner (1989), ‘Determining the Impact of Federal Antidiscrimination Policy on the Economic Status of Blacks: A Study of South Carolina’, American Economic Review, 79 (1), March, 138–77 6. John R. Lott, Jr. and Lawrence W. Kenny (1999), ‘Did Women’s Suffrage Change the Size and Scope of Government?’, Journal of Political Economy, 107 (6, part 1), December, 1163–98 7. Grant Miller (2008), ‘Women’s Suffrage, Political Responsiveness, and Child Survival in American History’, Quarterly Journal of Economics, 123 (3), August, 1287–327 PART III LAW AS INDEPENDENT VARIABLE: THE GLORIOUS REVOLUTION 8. Douglass C. North and Barry R. Weingast (1989), ‘Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England’, Journal of Economic History, XLIX (4), December, 803–32 9. Nathan Sussman and Yishay Yafeh (2006), ‘Institutional Reforms, Financial Development and Sovereign Debt: Britain 1690–1790’, Journal of Economic History, 66 (4), December, 906–35 10. Daniel M. Klerman and Paul G. Mahoney (2005), ‘The Value of Judicial Independence: Evidence from Eighteenth Century England’, American Law and Economics Review, 7 (1), Spring, 1–27 11. Dan Bogart (2011), ‘Did the Glorious Revolution Contribute to the Transport Revolution? Evidence from Investment in Roads and Rivers’, Economic History Review, 64 (4), November, 1073–112 PART IV BIDIRECTIONAL HISTORIES: THE RECIPROCAL INTERACTIONS OF LAW AND SOCIETY 12. Avner Greif and David D. Laitin (2004), ‘A Theory of Endogenous Institutional Change’, American Political Science Review, 98 (4), November, 633–52 13. Avner Greif (2006), ‘History Lessons: The Birth of Impersonal Exchange: The Community Responsibility System and Impartial Justice’, Journal of Economic Perspectives, 20 (2), Spring, 221–36 14. Claire Priest (2006), ‘Creating an American Property Law: Alienability and its Limits in American History’, Harvard Law Review, 120 (2), December, 385–458 PART V PRIVATE ORDERING 15. Robert. C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’, Journal of Law, Economics, and Organization, 5 (1), Spring, 83–97 16. Karen Clay and Gavin Wright (2005), ‘Order Without Law? Property Rights During the California Gold Rush’, Explorations in Economic History, 42 (2), April, 155–83 17. Avner Greif (1989), ‘Reputations and Coalitions in Medieval Trade: Evidence on the Maghribi Traders’, Journal of Economic History, 49 (4), December, 857–82 PART VI LITIGATION AND CONTRACTING 18. Claire Priest (2001), ‘Currency Policies and Legal Development in Colonial New England’, Yale Law Journal, 110 (8), June, 1303–405 19. Daniel Klerman (2012), ‘The Selection of 13th-Century Disputes for Litigation’, Journal of Empirical Legal Studies, 9 (2), June, 320–46 20. J. Mark Ramseyer (1995), ‘The Market for Children: Evidence from Early Modern Japan’, Journal of Law, Economics, and Organization, 11 (1), April, 127–49 PART VII CRITIQUE OF THE ECONOMIC APPROACH TO LEGAL HISTORY 21. Robert W. Gordon (1984), ‘Critical Legal Histories’, Stanford Law Review, 36 (1-2), January, 57–125 Index

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Book SynopsisToday, the corporation plays a dominant role in economics, politics, and societies across the globe. Understanding the corporation means understanding its legal framework but until recently, the origins and evolution of corporate law have received relatively little attention. This Handbook sheds new light on the historical development of both the corporation and business organization law.This extensive collection brings together contributions from an array of international academics to provide the first wide-ranging history of the laws of corporations and business organizations from ancient to modern times. The contributors offer a global exploration of the development of corporation and company law, moving beyond the United States and Western Europe to present studies in Mexico, India and China, as well as addressing the trajectory of scholarly debate. Not only do the contributions examine the growth of the law of public corporation, they also address the development of laws governing other business forms.This Handbook will prove an invaluable resource for corporation law and business scholars, as well as business and legal historians and economists.Contributors include: B. Aronson, A. Aviram, W. Bratton, G. Del Angel, M. Gelter, A. Gomez-Galvarriato, Y. González de Lara, T.W. Guinnane, R. Harris, L. Johnson, V. Khanna, T. Kuntz, S. Martínez-Rodríguez, D.T. Mitchell, M.T. Moore, J. Rochat, J. Rubin, T. Ruskola, G. Sandrelli, F.L. Stewart, J.D. Turner, U. Varottil, M. Ventoruzzo, M. Wachter, H. Wells, R.E. WrightTrade Review‘If you are a business historian, you should read this book, regardless of the historical period or industry you study. Whether your research is on firms that are called Ltd or Inc or S.A. or GmbH, you will find this Research Handbook to be an extremely useful introduction to the world of corporate governance theory. This book will be particularly important to business historians interested in transnational and comparative historical topics.’ -- Andrew Smith, Business History'For anyone interested in the modern corporation this book is invaluable, a real treasure trove. With an admirable breadth and depth of scholarship, it fills a notable gap in the literature on a fundamental aspect of the corporate form. Thoroughly recommended for both scholars and students.' --Nicholas H.D. Foster, SOAS University of London, UK'Historical analysis of corporate law has become something of growth industry lately. The Research Handbook on the History of Corporate and Company Law will no doubt move quickly to the forefront of this burgeoning literature. The essays, each impressive individually, combine to provide a volume that is strikingly wide-ranging, both in terms of the eras covered and the jurisdictions canvassed.' --Brian R. Cheffins, University of Cambridge, UK‘The Research Handbook on the History of Corporate and Company Law is especially recommended to faculty and students of graduate programs in business and law. Law libraries and academic libraries should consider purchasing this research handbook.' -- American Reference Books AnnualTable of ContentsContents: Introduction Harwell Wells Part I Taking Shape 1. Islamic Law and Economic Development Jared Rubin 2. Business Organizations in India Prior to the British East India Company Vikramaditya Khanna 3. Business Organization and Organizational Innovation in Late Medieval Italy Yadira González de Lara 4. Trading with Strangers: The Corporate Form in the Move from Municipal Governance to Overseas Trade Ron Harris Part II Modern Europe 5. The Development of English Company Law before 1900 John D. Turner 6. Shareholder Primacy, Labour, and the Historic Ambivalence of UK Company Law Marc T. Moore 7. German Company Law 1794-1897 Timothy W. Guinnane 8. German Corporate Law in the 20th Century Thilo Kuntz 9. Change for Continuity: The Making of the Société Anonyme in nineteenth Century France Jean Rochat 10. Classes of Shares and Voting Rights in the History of Italian Corporate Law Giulio Sandrelli and Marco Ventoruzzo 11. A History of the Corporation in Spain in the Twentieth Century: Towards Europe Susana Martínez-Rodríguez 12. EU Company Law Harmonization Between Convergence and Varieties of Capitalism Martin Gelter Part III Asia 13. Corporation Law in Late Imperial China Teemu Ruskola 14. The Stakeholder Approach to Corporate Law: A Historical Perspective from India Umakanth Varottil 15. Japanese Corporate Law and Corporate Governance in Historical Perspective Bruce Aronson Part IV North America 16. The Evolution of Mexican Mercantile and Corporate Laws Aurora Gomez-Galvarriato and Gustavo A. Del Angel 17. A History of Canadian Corporate Law: A Divergent Path from the American Model? Fenner L. Stewart 18. For- and Non-profit Special Corporations in America, 1608-1860 Robert E. Wright 19. Legitimating Power: A Brief History of Modern U.S. Corporate Law Dalia T. Mitchell 20. Adolf Berle, E. Merrick Dodd and the New American Corporatism of 1932 William W. Bratton and Michael L. Wachter 21. Corporate Law and the History of Corporate Social Responsibility Lyman Johnson 22. Evolutionary Models of Corporate Law Amitai Aviram Index

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Book Synopsis'The global financial crisis of 2007-2008 was a wake-up call to all who study and practice in the field of law and economics: traditional approaches are simply inadequate for understanding the co-evolution of the economic and legal systems, and that inadequacy can result in missed opportunities to warn of impending social harm. Atkinson and Paschall demonstrate the value of an alternative approach - law and economics from an evolutionary perspective - that builds on the work of John R. Commons, a leading figure in the field nearly a century ago. In the process, they offer an eye-opening historical account of the role of the state in the economy and provide a vital starting point for future policy discussions.'- Charles J. Whalen, author of Financial Instability and Economic Security after the Great Recession'An indispensable history of business law and regulation, alongside a powerful theory of law and the courts. Glen Atkinson and Stephen P. Paschall give us an evolutionary casebook for the twenty-first century, deeply rooted in the ideas of Veblen, Commons, and other masters of the tradition.'- James K. Galbraith, The University of Texas at Austin'The language of court documents is notably difficult to understand for people with no legal training. The present volume, a product of fruitful collaboration between a university professor and a lawyer, offers valuable assistance in translating US Supreme Court decisions made in the span of the nineteenth and twentieth centuries with respect to economic disputes into the language spoken by evolutionary and institutional economists. As the authors persuasively show, law and economics co-evolve. A much-needed follow-up to and development of John Commons's Legal Foundations of Capitalism! - Anton Oleinik, Memorial University of Newfoundland and Labrador, Canada and the Central Economics and Mathematics Institute, RussiaLaw and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics.The authors apply John R. Commons's approach to three main law and economics issues: the changing relationship between corporations and the State, the application of the Commerce Clause and the Fourteenth Amendment of the U.S. Constitution to state and federal regulation of business, and the relationship of antitrust law to industrialization. They provide a valuable linking of law with changing economic circumstances, such as antitrust policy changes and the development of the corporate form. This analytical approach to the practice of law and economics will be of interest to researchers, students, and faculty in law and economics, economic history, constitutional law, economic regulation, public policy, and the sociology of law. Business students and researchers will also find value in this book's presentation of court decisions and exploration of economic development.Trade ReviewThis is a remarkable book that makes significant contributions to a new understanding of the co-evolution of law and economics-accomplished with an extensive overview that is evidence rich. It integrates previously unexplored connections between law and economics that includes everything from the ultra vires principle to technological advancement in a manner that demonstrates that neither law nor economics can be understood separately. Further consequences are an advancement in the scholarship of evolution in the social sciences, and a demonstration of real-world abductive reasoning from the back-and-forth of institutions to change beliefs for the economy through changes in law. --F. Gregory Hayden, University of Nebraska-LincolnBravo! This is the best book on the interaction of law and economics since John R. Common's Legal Foundations of Capitalism (1924) and in many respects it is a better book. Glen Atkinson (a distinguished economist) and Stephen P. Paschall (a distinguished attorney) have combined their considerable experience, knowledge, and skills to produce a book that will become a classic. Understanding how law and economics interact and change together is essential to understanding nearly all contemporary economic, political, and social issues. Read this book. --James Peach, New Mexico State UniversityBuilding on John R. Commons, the authors show how judge-made law and dispute resolution in England and the US have contributed to the evolving legal supports and working rules of capitalism. Common law and working rules are not natural or optimal. They are human-made traditions handed down to us by centuries of collective action, not by the invisible hand of God. These traditions are what we make of them, nothing more but nothing less either: the future, like the past, is shifting and contested terrain. --William M. Dugger, The University of TulsaTable of ContentsContents: 1. Evolutionary Method in Law and Economics 2. Causes and Consequences of the Widening of the Market: A Case of Cumulative Economic Evolution 3. The Corporate Form and the State 4. Interstate Commerce and State Regulation of Business 5. Interstate Commerce and Federal Regulation of Business 6. John R. Commons and Co-Evolution of Law and Economics Index

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Book SynopsisAs Britain's leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a 'must read' for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.'- N.V. Lowe, Cardiff University, UKThe Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Trade Review‘The four volumes that make up this monumental book project on European Family Law represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘As Britain’s leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a “must read” for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.’ -- N.V. Lowe, Cardiff University, UKTable of ContentsContents: 1. Introduction – Is there a European Family Law? 2. Institutional European Family Law 3. Organic European Family Law 4. The Future of European Family Law? Bibliography Index

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Book SynopsisLaw's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.Trade ReviewWith magnificent scope, Law's Political Foundations leads the reader through government structure, political regimes, and law throughout the world. Haley's work deftly explains why China, Japan, Europe, and Latin America developed different forms of public and private legal regimes. Geography, war, agriculture, and belief shaped government and law; this novel framework permits Haley boldly to straddle empires and centuries in this captivating study of legal development. --M.C. Mirow, University of Edinburgh Law School, UK, and Florida International University College of LawIn Law's Political Foundations, John Haley brings a lifetime of thinking about the deep issues of comparative law to this fascinating exploration of the geographical roots, as well as the implications, of the very different regimes of public law, private law, and private ordering that respectively dominated the civilizations of China, Western Europe, and Japan. And although the West still speaks the language of private law, he argues, it is the public law paradigm first perfected in China that is becoming dominant in the modern state. There is much food for thought in this stimulating and provocative book. --Donald C. Clarke, The George Washington UniversityIn this breathtaking account, John Haley gives us a magisterial tour de force. He asks questions of astonishing breadth: when do societies rely on public law regimes, and when on private law regimes? He explores these universal puzzles with a relentless focus on the particular. In exquisite detail, he traces the way legal regimes developed historically across a wide range of countries. And he ties the developments to changes in religion, in economic production, in military extraction, and in transportation and communication facilities. Old questions, new answers - at root, Haley concludes: ''legal institutions develop in conjunction with the capacity of rulers to appropriate wealth and acquire revenue and the demands or needs they confront for the allocation of the material resources they control.'' Haley masterfully traces the interplay of rules, norms, laws, religious injunctions, and the demands of economic production and military extraction. --Mark Ramseyer, Harvard Law SchoolTable of ContentsContents: Introduction 1. Defining Law’s Political Foundations 2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change 3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China 4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan 5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe 6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America Epilogue: Beyond Magellan’s World Index

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Book Synopsis'The rule of law and property rights were the ''secret weapons'' that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.'- Jesus Fernandez-Villaverde, University of Pennsylvania, USComprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.Trade Review'Wauters and de Benito's The History of Law in Europe is an ideal first port of call for anybody who wants to quickly get to grips with European legal history. Succinct, the book offers far more than a simple summary of the subject. Providing snippets of the social, political and intellectual development of the law, it lures the reader to further explore Europe's legal past.' --R.C.H. Lesaffer, Tilburg Law School, the Netherlands'The History of Law in Europe: An Introduction is a short companion to legal European history, written for students or non-specialists interested in this crucial aspect of western History. The development of the history from Roman law to the bourgeois age is exposed with clarity and balance, according to the classical historiography. The last chapter is devoted to the common law and it allows a dialogue between all the European legal traditions. Overall this is an excellent book for starting to learn legal history.' --Rafael Ramis-Barcelo, Universitat de les Illes Balears, Spain'This fascinating and powerful epitome of the history of European law offers a comprehensive overview of its legal tradition, analysed through scientific research. Its contribution to the present literature is highly appreciated.' --Fernando Reinoso Barbero, The Complutense University of Madrid, SpainTable of ContentsContents: Introduction 1. Roman Law 2. The Early Middle Ages 3. The Late Middle Ages 4. The Early Modern Age 5. The Bourgeois Age 6. Common Law Index

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Book Synopsis'The rule of law and property rights were the ''secret weapons'' that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.'- Jesus Fernandez-Villaverde, University of Pennsylvania, USComprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.Trade Review'Wauters and de Benito's The History of Law in Europe is an ideal first port of call for anybody who wants to quickly get to grips with European legal history. Succinct, the book offers far more than a simple summary of the subject. Providing snippets of the social, political and intellectual development of the law, it lures the reader to further explore Europe's legal past.' --R.C.H. Lesaffer, Tilburg Law School, the Netherlands'The History of Law in Europe: An Introduction is a short companion to legal European history, written for students or non-specialists interested in this crucial aspect of western History. The development of the history from Roman law to the bourgeois age is exposed with clarity and balance, according to the classical historiography. The last chapter is devoted to the common law and it allows a dialogue between all the European legal traditions. Overall this is an excellent book for starting to learn legal history.' --Rafael Ramis-Barcelo, Universitat de les Illes Balears, Spain'This fascinating and powerful epitome of the history of European law offers a comprehensive overview of its legal tradition, analysed through scientific research. Its contribution to the present literature is highly appreciated.' --Fernando Reinoso Barbero, The Complutense University of Madrid, SpainTable of ContentsContents: Introduction 1. Roman Law 2. The Early Middle Ages 3. The Late Middle Ages 4. The Early Modern Age 5. The Bourgeois Age 6. Common Law Index

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Book SynopsisThe U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, ''Did the Supreme Court get it right?'' but rather, ''How did the Supreme Court compare to other branches of the federal government at the time?'' Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America? Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court's comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989. This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.Trade Review'This is a remarkable book, and essential reading for anyone who cares about how civil rights are defined and protected in America. It carefully situates the Supreme Court in its political and historical environment, and in doing so serves as an important reminder of the significance of politics in keeping our constitutional system functioning.' --Keith E. Whittington, Princeton University, US'Juxtaposing a comprehensive survey of the Supreme Court's cases dealing with racial minorities - African Americans, Indians, Asian Americans, and Hispanic Americans - to an overview of how Congress and the President dealt with those minorities, Leslie Goldstein asks the right question: Compared to the other branches, how protective has the Court been? This is an important work for scholars and others interested in the Supreme Court and the history of race in the United States.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Minority Rights Up Through the Marshall Court, 1789-1835 2. Minority Rights in the Taney Years (1836-64) 3. Civil War and Reconstruction 4. After Reconstruction 5. The White and Taft Courts, 1911-30 6. A New “Racial” Minority: Hispanics, 1800-1992 7. Branch Variation in Rights Leadership, 1930 to Late Twentieth Century 8. Overview and Conclusions Index

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Book SynopsisHistoriographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law.International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection.This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law.Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. YackeeTrade Review'It is a trite point that history plays an important role in international investment law, perhaps more so than in other, less decentralised fields of international law. This very fine volume will provide much of interest to the careful reader, be it their 'historical' inquiry directed at the broader normative tapestry of sources, responsibility, and dispute settlement within which investment law operates; interpretation and application of particular primary rules; critical engagement with the systemic teleology; or theoretical and methodological underpinnings.' --Martins Paparinskis, University College London, UK'There is no shortage of reading materials dealing with the subject of treaty-based investor/state arbitration, but as the editors of this fascinating volume have perceived, the field is dominated by the ''here and now'', and thus lacks important insights of historical perspective. The original contributions to be found here compel the reader to reconceptualise issues in light of the recognition that they did not emerge freshly minted from a box just 25 years ago.' --Jan Paulsson, Three Crowns LLP, Washington DC, US'This is an outstanding collection of provocative and informative papers. The contributions provide short, fascinating histories of several important elements of contemporary international investment law, while exploring the methodological issues that confront historians of the field and surveying the recent historical scholarship. For anyone interested in the history of international investment law, this is the perfect place to start.' --Kenneth Vandevelde, Thomas Jefferson School of Law, USTable of ContentsContents: Preface and acknowledgements Part I INTRODUCTION 1. International investment law and history: An introduction Stephan W. Schill, Christian J. Tams and Rainer Hofmann Part II OBJECTS AND OBJECTIVES OF HISTORY 2. Narrating narratives of international investment law: History and epistemic forces Andreas Kulick 3. The first investor-state arbitration? The Suez Canal dispute of 1864 and some reflections on the historiography of international investment law Jason Webb Yackee 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration Heather L. Bray 5. History and international law: Method and mechanism ‑ empire and ‘usual’ rupture Kate Miles 6. The challenges of history in international investment law: A view from legal theory Jörg Kammerhofer Part III METHODOLOGY AND ITS CHALLENGES 7. Resolving challenges to historical research: Developing a project to define fair and equitable treatment Mona Pinchis-Paulsen 8. The evolution of contractual protection in international law: Accessing diplomatic archives, discovering diplomatic practice, and constructing diplomatic history Jean Ho 9. The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention Yuliya Chernykh 10. Enriching law with political history: A case study on the creation of the ICSID Convention Taylor St. John 11. A genealogy of censurable conduct: Antecedents for an international minimum standard of investor conduct Muin Boase Index

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Book SynopsisJamais, dans aucune autre période de l’histoire, le problème pénal n’a été aussi débattu qu’au siècle des Lumières. Or, l’événement déclencheur de ces débats est la publication des Délits et des peines, le petit livre de Cesare Beccaria dont la première édition paraît à Livourne en 1764. On assiste, après cette date et durant un demi-siècle, à une profusion impressionnante de réactions et de prolongements directement liés à cet ouvrage. À tel point que, pour désigner cette période, on a pu parler d’un ‘moment Beccaria’.Les recherches rassemblées dans ce volume explorent différents foyers thématiques et géographiques (Allemagne, Angleterre, France, Italie) de cette phase inédite et fondatrice de l’histoire européenne du droit de punir. Pourquoi cette soudaine publicité du problème pénal? Comment s’est-elle manifestée, par quels canaux, sous quelles formes théoriques et matérielles?Comme le montre cet ouvrage, le droit pénal moderne est né d’un livre, mais aussi de ses interprétations: il est né des idées de Beccaria et des débats qu’elles ont provoqués. Ces deux sources se sont croisées et ne peuvent se comprendre l’une sans l’autre.---Throughout history, criminal law was never more discussed than during the Age of Enlightenment. The debates started after the publication of a small book by Cesare Beccaria, On Crimes and Punishments, in Livorno in 1764. For fifty years from that date, reactions and additions to the book proliferated so much that this period is called by some "the Beccaria moment".The contributions in this volume explore different thematic and geographical areas (Germany, England, France, Italy) to explore that innovative and foundational moment in the European history of criminal law. Why was the criminal problem suddenly publicised? How did those interrogations manifest? Which theoretical and material forms did they take? This volume shows that modern criminal law originates in a book, and also in its interpretations – in Beccaria's ideas and the debates they started. Those two sources interacted and now cannot be understood separately.Table of ContentsPhilippe Audegean et Luigi Delia, Introduction: les deux sources de la modernité pénaleI. Enthousiasmes et condamnationsEthel Groffier, Voltaire vulgarisateur de BeccariaAlberto Bondolfi, Beccaria et la religion: la réaction de facchinei et du saint-office II. Pourquoi punir?Christophe Béal, Beccaria et le réformisme pénal en Angleterre (1764-1790)Pietro Costa, ‘Un sentiment d’humanité affecté’: Kant critique de BeccariaLuigi Delia, ‘Ramener le coupable à la vertu’: la philanthropie pénale de Charles-Louis-Fleury Panckoucke iii. Réformer la procédure pénaleAnnamaria Monti, Réformer l’arbitraire judiciaire: un débat complexe à la croisée des savoirsEmmanuelle de Champs, Réforme juridique, réforme politique: le jury populaire chez Beccaria, Condorcet et BenthamWolfgang Rother, Un aspect des discussions beccariennes en Allemagne: la psychologie criminelle de Johann Christian Gottlieb Schaumann iv. Comment punir?Dario Ippolito, ‘Pour qu’une peine ne soit pas une violence...’: formes et modalités des sanctions pénales dans la philosophie des LumièresNorbert Campagna, Sonnenfels, Beccaria et la peine de mortFrancesco Berti, Un ‘beccarien’ avant la lettre? La philosophie pénale de Tommaso Natale Annexe: le moment Beccaria dans les Etats italiens (1765-1806)RésumésRéférences et compléments bibliographiquesIndex des noms

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Book SynopsisThere exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory's prism.This insightful book demonstrates that Kelsen's theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory.Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.Table of ContentsContents: 1. The Essence and Basic Methods of the Pure Theory 2. The State and the Law 3. Law and its “Others”: Natural Law, Morality and Social Policy 4. Constitution and Normative Hierarchy 5. The Basic Norm and Efficacy of the Legal System 6. The Rule of Law Conclusion Index

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Book SynopsisAugustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice.The End of Law applies Augustine's questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine's ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law's relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine's reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.This insightful book will be fascinating reading for law students and legal philosophers seeking to understand the perspective and commitments of natural law theory and the significance of Augustine. Readers with an interest in interdisciplinary approaches to legal theory will also find this book a stimulating read.Trade Review‘McIlroy’s book amounts to a wonderful conspectus, and synthesis, of centuries of thought about law, all packed into just less than 200 closely argued pages. . . should it be that government of the people, by the people, for the people shall perish from the earth in the next few years, McIlroy’s book is not a bad epitaph for it, and will serve as a decent reminder in years to come of all that we lost, and may – in time – have again.’ -- Nicholas J. Mcbride, Cambridge Law Journal‘This is a very timely book. A purely scientific approach to law has left us thinking for decades that it is the only possible approach, despite the dangers to which it has or might still lead us. A philosophical or, even, a theological approach to law shows that other analyses of law are still possible.It is the great merit of this book to offer one of these ways of thinking about law in our world today.’ -- Actu-Juridique‘The End of Law is a commendably dissenting intervention into the debate about how to shore up the foundations of law at a time of deepening uncertainty about what law is for and whether it is anything more than the outcome of a power contest. It’s thus also a -- timely one, at a moment when a legitimate moral pluralism threatens to collapse into a dangerous cultural and political fragmentation that places democracy and the rule of law in serious jeopardy.’– Jonathan Chaplin, Theos Think Tank'For some time, theistic Natural Law Theory has been dominated by the Thomism of the New Classical Natural Lawyers. In this book, David McIlroy develops an Augustinian, which is to say, more critically realist, reinterpretation of that tradition. Wide-ranging, erudite and accessible, this book provides refreshing and provocative new perspectives on the perennial questions of jurisprudence.' --Julian Rivers, University of Bristol, UK'This erudite and elegant volume offers a novel natural law theory of justice, law, and authority that is firmly grounded in the enduring teachings of St. Augustine but deftly engaged with a wide range of contemporary jurists, philosophers, and theologians. This is a book that can be read in an evening or two, but savoured for many years. Highly recommended.' --John Witte Jr., Emory University, USTable of ContentsContents: 1. What is the difference between a kingdom and a band of robbers? 2. What on earth are we talking about? 3. An end to war 4. The rule of law and the law of rules 5. The stable door 6. The good ending 7. Critical natural law 8. Justice: the terrible truth? 9. The agony of the law 10. The final judgment

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Book SynopsisThis updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.Trade ReviewAcclaim for the First Edition:'It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.' -- From the Foreword to the First Edition by Philip AllottTable of ContentsContents: Foreword to the First Edition viii Editor’s Preface to the Second Edition x PART I THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY 1 The relevance of theory and history: the essence and origins of international law 2 Alexander Orakhelashvili 2 Early-modern scholarship on international law 19 Alain Wijffels 3 Natural law and the law of nations 58 Patrick Capps 4 The origins of consensual positivism: Pufendorf, Wolff and Vattel 90 Alexander Orakhelashvili 5 The transformation of international law in the nineteenth century 108 Amnon Lev 6 Hans Kelsen’s place in international legal theory 139 Jörg Kammerhofer PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY 7 International human rights law theory 164 Frédéric Mégret 8 The philosophy of international criminal law 200 Robert Cryer and Albert Nell 9 International law, international politics and ideology 240 Alexander Orakhelashvili PART III HISTORY OF INTERNATIONAL LAW 10 Periodization and international law 281 William E. Butler 11 Origins, record and narratives: uses and abuses of international legal history 296 Alexander Orakhelashvili 12 Acculturation through the Middle Ages: the Islamic law of nations and its place in the history of international law 312 Jean Allain 13 The classical law of nations 326 Randall Lesaffer 14 The nineteenth-century life of international law 359 Alexander Orakhelashvili 15 International law between universality and regional fragmentation: the historical case of Russia 373 Lauri Mälksoo 16 International law in the twentieth century 394 Carlo Focarelli 17 International law in the early twenty-first century 444 Tom Ruys and Anemoon Soete Index 474

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Book SynopsisThere has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.The contributions feature copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research.Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law.Contributors: I. Alexander, J. Bellido, C. Bond, K. Bowrey, O. Bracha, E. Cooper, I. Gadd, J.C. Ginsburg, H.T. Gómez-Arostegui, B. Lauriat, N.A. Mace, H. MacQueen, A.J. Mann, S. Ricketson, F. Rideau, C. Seville, M. WoodmanseeTrade Review'This Research Handbook is a great overview for readers new to the subject of copyright history.' --Journal of Intellectual Property Law and Practice'`Anyone remotely involved or interested in how the law of copyright has developed in our new IT age will find this book a magnificent journey through special parts of our common law history. . . Academics researching copyright law, authorship, art, and the book and music trades we know will find this title an invaluable resource for their work. It will also be of use to practitioners and the judiciary with an interest in the doctrinal history of copyright law which is so well set out here and another example of the excellent publications produced for lawyers from Elgar for their research handbooks in intellectual property series of legal works.' --The Barrister MagazineTable of ContentsContents: 1. Introduction Isabella Alexander and H. Tomás Gómez-Arostegui PART I HISTORIOGRAPHY 2. Copyright History in the Advocate’s Arsenal Barbara Lauriat 3. Law, Aesthetics and Copyright Historiography: A Critical Reading of the Genealogies of Martha Woodmansee and Mark Rose Kathy Bowrey 4. The ‘Romantic’ Author Martha Woodmansee PART II UNITED KINGDOM PERSPECTIVES 5. The Stationers’ Company in England before 1710 Ian Gadd 6. The Anatomy of Copyright Law in Scotland before 1710 Alastair J. Mann 7. Literary Property in Scotland in the Eighteenth and Nineteenth Centuries Hector MacQueen 8. Music Copyright in Late Eighteenth and Early Nineteenth Century Britain Nancy A. Mace 9. How Art Was Different: Researching the History of Artistic Copyright Elena Cooper 10. Determining Infringement in the Eighteenth and Nineteenth Centuries in Britain: ‘A ticklish job’ Isabella Alexander 11. Equitable Infringement Remedies before 1800 H. Tomás Gómez-Arostegui PART III INTERNATIONAL PERSPECTIVES 12. Proto-Property in Literary and Artistic Works: Sixteenth-Century Papal Printing Privileges Jane C. Ginsburg 13. British Colonial and Imperial Copyright Catherine Seville 14. The Public International Law of Copyright and Related Rights Sam Ricketson 15. El Salvador and the Internationalisation of Copyright Jose Bellido PART IV NATIONAL PERSPECTIVES 16. United States Copyright, 1672–1909 Oren Bracha 17. ‘Cabined, Cribbed, Confined, Bound In’: Copyright in the Australian Colonies Catherine Bond 18. Aspects of French Literary Property Developments in the Eighteenth (and Nineteenth) Centuries Frédéric Rideau 19. Codified Anxieties: Literary Copyright in Mid-Nineteenth Century Spain Jose Bellido Index

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Book SynopsisThe first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the people. Providing an innovative understanding of Rousseau's politico-legal philosophy, this book illustrates the legal significance of plural agency and what it means for a people to act together: What do people share when using the word 'we'? What makes a people's actions political? And what exactly is 'bodily' about their joint commitment? Testing these ideas in three controversial modern debates - bio-technology, immigrant rights and populism - Van Roermund offers a critical assessment of 'political theology' in contemporary legal environments and establishes a new interpretation of joint action as bodily entrenched. Incisive and cutting-edge, this book is crucial reading for scholars of jurisprudence and legal and political philosophy, particularly those with a focus on Rousseauian theory. Students of jurisprudence and constitutional theory will also benefit from its philosophical and political insights, as well as its discussions of pressing real-world issues.Trade Review'Precision and vitality of thought are often at odds in works of legal philosophy. Never so in the work of Bert van Roermund, whose new book Law in the First Person Plural takes us back to Rousseau, just in time. We are fortunate to be able to think with him about what is popular and what is constitutional or legislative, political or institutional, in the contexts of popular constitutionalism, the EU's democratic deficit and more.' --Bonnie Honig, Brown University, USTable of ContentsContents: Preface Introduction Part I Roots: Re-Reading Rousseau 1. An Inconvenient Legacy 2. Meeting the Challenges Part II Concepts: We As a Body Politic 3. First Person Plural Legislature 4. Joint Law Making: From Reference to Action 5. A first person plural body? Part III Topics: First Persons Plural in the Flesh 6. The Embryo as First Person Plural Concept in EU Law 7. Migrants, Humans and Human rights: Freedom of Movement in a First Person Plural Key 8. The Half Truth of Contemporary Populism: Keeping a False ‘We’ at Bay Bibliography Index

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Book SynopsisThere is a deep and multifaceted relationship between international law and history - political events have legal implications, and international norms and institutions may influence the course of history. This incisive book unveils and illuminates this nexus, providing examples from a wide range of domains of global governance. Analysing this intertwined relationship with particular reference to international human rights, humanitarian and criminal law, this timely book features contributions from leading scholars and practitioners in international law, history and diplomacy. History and International Law, with a foreword by ICJ Judge Giorgio Gaja, covers topics ranging from the connections between current and historical events and human rights protection in the EU, to the ways in which ICC investigations and prosecutions continue to affect political developments in Africa. The authors offer examples of original analysis, establishing innovative paradigms of interdisciplinary research in the field. International lawyers and academics will find this book both useful and insightful. It will also prove valuable to scholars and students of the history of international law, diplomacy and international relations. Contributors include: O. Bekou, G. Ben-Nun, A. Ciampi, E. de Wet, S. Douglas-Scott, R.E. Fife, K. Ristic, S. Troebst Trade Review'This book, edited by Annalisa Ciampi, aptly recalls the centrality of historicization in international legal thought and practice. The chapters in this volume, each in its particular and refreshing way, simultaneously demonstrate the impossibility for international lawyers to refrain from an explicit engagement with history. A welcome publication.' --Jean d'Aspremont, Sciences Po Law School, France and University of Manchester, UKTable of ContentsContents: Forward Giorgio Gaja Part I History AND INTERNATIONAL LAW: an INTRODUCTION 1. Creative Forces and Institution Building in International Law Rolf Einar Fife 2. Eastern Europe’s Imprint on Modern International Law Stefan Troebst Part II History AND INTERNATIONAL HUMAN RIGHTS LAW 3. History, Isolation and Effectiveness of International Human Rights Law Annalisa Ciampi 4. EU Human Rights Law and History: A Tale of Three Narratives Sionaidh Douglas-Scott Part III History, International Humanitarian LAW AND INTERNATIONAL Criminal Law 5. ‘Treaty after Trauma’: ‘Protection for All’ in the Fourth Geneva Convention Gilad Ben-Nun 6. History and Core International Crimes: Friends or Foes? Olympia Bekou 7. ‘Imaginary Trials’: The Legacy of the ICTY in Croatia, Bosnia and Serbia Katarina Ristic 8. The Rise and Demise of the ICC Relationship with African States and the AU Erika de Wet, Gilad Ben-Nun, Olympia Bekou, Annalisa Ciampi, Sionaidh Douglas-Scott, Rolf Einar Fife, Katarina Ristic, Stefan Troebst, Erika de Wet Index

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Book SynopsisThis innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.Trade Review'Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.' --Christopher Beauchamp, Brooklyn Law School, US'This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law's best-known just-so stories.' --Simon Stern, University of Toronto, CanadaTable of ContentsContents: List of Contributors Introduction PART I THE LORE OF PROPOERTY AND CONTRACT 1. Locke’s (Own) Literary Property Rebecca Schoff Curtin 2. The Lawful Piracy of James Joyce’s Poems Robert Spoo PART II THE LORE OF INTANGIBILITY 3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth Century Graham Dutfield and Uma Suthersanen 4. Neilson v. Harford: Shape and Form in Patent Law Jeffrey A. Lefstin PART III THE LORE OF AUTHORSHIP 5. The Stolen Poem of Saint Moling Brian L. Frye 6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns Kosgei Kembol Alvin 7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study Mayuree Sengupta PART IV THE LORE OF COMMON LAW 8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory Samuel F. Ernst 9. The Legacy of The Seasons: Confusion and Misdirection Mark Perry PART V THE LORE OF COURTS 10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence Shubha Ghosh 11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court Zvi S. Rosen PART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT 12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996 Emmanuel Kolawole Oke 13. Biotechnology Sector in India Kshitij Kumar Singh PART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME 14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen Arpan Banerjee and Dana Beldiman 15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia Catherine Bond and Jessica C Lai Index

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Book SynopsisThe Enlightenment redefined the ethics of the rights of man as part of an outlook that was based on reason, the equality of all nations and races, and man’s self-determination. This led to the rise of a new language: the political language of the moderns, which spread throughout the world its message of the universality and inalienability of the rights of man, transforming previous references to subjective rights in the state of nature into an actual programme for the emancipation of man. Ranging from the Italy of Filangieri and Beccaria to the France of Voltaire, Rousseau and Diderot, from the Scotland of Hume, Ferguson and Smith to the Germany of Lessing, Goethe and Schiller, and as far as the America of Franklin and Jefferson, Vincenzo Ferrone deals with a crucial theme of modern historiography: one that addresses the great contemporary debate on the problematic relationship between human rights and the economy, politics and justice, the rights of the individual and the rights of the community, state and religious despotism and freedom of conscience.Trade Review'Ferrone’s perspective is broadly cosmopolitan, and alongside more familiar French, German, and British figures, he highlights the role of Neapolitan Enlightenment thinkers, often neglected outside Italy, from Giambattista Vico to Gaetano Filangieri. This dense, erudite tome is not for casual readers but is an invaluable reference for scholars.' D. A. Harvey, CHOICETable of ContentsAcknowledgementsPreface to the English translation Introduction: why did the Enlightenment in the Western world discover the rights of man, and what are those rights? I. From natural law to the natural rights of the individualChapter 1: The historiographical debate and the discontinuity of the EnlightenmentChapter 2: The metamorphosis of ancient natural lawChapter 3: Modern natural law as the ‘science of morality’Chapter 4: Natural law and ‘the crisis of the European mind’: Jean BarbeyracChapter 5: The return of Antigone: freedom of conscience and the limits of sovereigntyChapter 6: The person as autonomous and conscious individual: John LockeChapter 7: From duties to rights: the Enlightenment discovery of the natural right to the pursuit of happinessII. From natural rights to the rights of man as moral and political rightsChapter 8: The epistemological break: Diderot and HumeChapter 9: The question of Rousseau Chapter 10: The politicisation of natural rights: legislation and reform in Montesquieu, Helvétius and BeccariaChapter 11: The political neutralisation of rights: Wolff, Hume, Ferguson, Smith, BlackstoneChapter 12: The Neapolitan school of natural law and the rights of man: Vico and GenovesiChapter 13: The new ‘science of legislation’ of the rights of man: Filangieri and PaganoIII. The Late Enlightenment: the rights of man and the political struggle against the Ancien régimeChapter 14: Public opinion and the defence of man: Voltaire, Diderot and physiocracyChapter 15: The ‘performance’ of the rights of man in France between art and politicsChapter 16: The politicisation of the Republic of Letters in Germany: freemasonry and the rights of manChapter 17: The Bavaria Illuminati, the rights of man and the end of the Late Enlightenment Conclusion: towards a history of the Enlightenment and the rights of man as an unfinished project and a laboratory of modernity BibliographyIndex

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Book SynopsisThis insightful book traces the evolution of corporate power in the United States, from social control over corporate power under early state laws to the modern liberation of the corporation serving primarily private purposes. It illustrates how the transition of attitudes towards corporations and dynamic changes in public policy have ushered in an age of financial fragility, income inequality and macroeconomic instability.The book employs an evolutionary methodology to consider the role of the corporation in the US economy, and how that role as a tool for public purposes, defined by special charters, changed with the widening of markets and increasing industrial capacity for mass production. Evaluating the stages of capitalist development, chapters demonstrate how the co-evolution of law, economics and finance altered economic organization, leading to the evolution of core economic concepts such as capital, income and resources. The book examines the transition of corporate purpose towards generating wealth and enhancing profits in the early twentieth century and analyzes recent trends through illuminating case studies in financialization. It concludes with crucial insights into the future of the corporation, offering potential pathways for economists to intervene and address the systemic problems that are endemic to the modern financial era.A rousing and provocative call to arms for modern economists, this book is key reading for scholars and researchers of economics, particularly those focusing on the evolution of economic and business institutions and its impact on the social fabric of the US. Practitioners and policymakers will also benefit from its empirical perspectives on financialization.Trade Review‘Evolution of the Corporation in the United States is essential reading on today’s corporations. Combining economics, law, and finance, it demonstrates how corporations evolved from serving the public interest to advancing the private interest of financial elites. Anyone aiming to fashion an agenda for economic reform must begin with this book.’ -- - Charles J. Whalen, University at Buffalo- SUNY, USTable of ContentsContents: 1. Financialization and the corporation in the twenty-first century 2. Capitalist development 3. Widening of the market and the transition from scarcity to abundance 4. Role of the corporation 5. Failure of federal policy to achieve social control 6. Corporations and finance 7. Case studies in financialization 8. Creating the path forward by social control References List of cases Index

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