Legal history Books

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 SynopsisAllan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism.Examining all aspects of law and answering the important question of ‘What is Law?’, this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.Trade Review‘Professor Allan Beaver writes this book with lucidity, meticulousness and what is perhaps a rarer virtue in jurisprudential writings, a great sense of humour.... readers of this book will undoubtedly find that each part contains helpful elucidations, forceful arguments and original insights.’ -- Ziyu Liu, The Cambridge Law Journal‘This book is a sustained and penetrating application of the linguistic and social philosophy of John Searle to legal theory. Convincingly affirming the insufficiently explored interest of Searle’s work in this regard, questions, including the question What is Law?, are posed at a fundamental level, and highly interestingly answered. One initially will hesitate about a work of this ambition, but Beever’s previous critique of the foundations of obligations and of legal reason has allowed him to entertain, and in considerable measure satisfy, such ambition. This could be a path-breaking book.’ -- David Campbell, Lancaster University Law School, UKTable of ContentsContents: Introduction PART I THE PHILOSOPHY OF LAW AND JURISPRUDENCE 1. Jurisprudence 2. Philosophy PART II THE STRUCTURE OF THE SOCIAL WORLD AND THE ONTOLOGY OF LAW 3. Intentionality 4. Language 5. Background 6. Interpretation 7. Institutions 8. Law PART III RECONSTRUCTING THE PHILOSOPHY OF LAW 9. Directions 10. Rules 11. Normativity 12. Procedure 13. Principles 14. Authority 15. Dualism 16. Morality 17. Understanding 18. Justification 19. Conclusion Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.Trade Review‘George Fletcher, America's leading criminal law scholar, also happens to be a gifted storyteller, known for his gripping first-person account of the Bernhard Goetz trial. In his new book, he offers compelling narratives of eleven famous trials – from the trial of Jesus to that of O.J. Simpson – and uses each to bring to life a fundamental problem of criminal justice. Eye-opening and thought-provoking, it is both a great teaching resource and an entertaining read!’ -- Guyora Binder, University at Buffalo, School of Law, US‘Landmark trials have deeply influenced societal understandings of law throughout the ages. George Fletcher invites us to reflect on these great transformations – beginning with the convictions of Jesus Christ by Pontius Pilate and moving onward to the recent decision by American courts to acquit Salim Hamdan of terrorism in the Afghan War. The publication of his book couldn’t be more timely as all of us reflect on the larger implications of Derek Chauvin’s murder conviction.’ -- Bruce Ackerman, Yale University, US‘Penned by perhaps the world’s leading comparative criminal law scholar, Advanced Introduction to Landmark Criminal Cases is a rich and fascinating account of the leading criminal trials from around the world and from ancient history to the present day. The book would be perfect as a supplement to a first-year Criminal Law class, challenging enough to serve as the principal text for an upper-level advanced law school class, engaging enough for an undergrad class about the law, yet sufficiently suffused with clear explanation for the general reader. It is yet another wonderful book from the criminal law master.’ -- Russell Christopher, University of Tulsa, USTable of ContentsContents: Introduction and overview 1. The trial of Bernhard Goetz 2. The trial of O.J. Simpson 3. The trial of Adoph Eichmann 4. The trial of Detlef Tiede 5. The trial of Salim Ahmed Hamdan 6. The trial of John Thomas Scopes 7. The trial of Jesus of Nazareth 8. The trial of Aaron Burr 9. The trial of Amanda Knox 10. The trial of Mike Tyson 11. The trial of Jack Ruby Conclusion Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.Trade Review‘George Fletcher, America's leading criminal law scholar, also happens to be a gifted storyteller, known for his gripping first-person account of the Bernhard Goetz trial. In his new book, he offers compelling narratives of eleven famous trials – from the trial of Jesus to that of O.J. Simpson – and uses each to bring to life a fundamental problem of criminal justice. Eye-opening and thought-provoking, it is both a great teaching resource and an entertaining read!’ -- Guyora Binder, University at Buffalo, School of Law, US‘Landmark trials have deeply influenced societal understandings of law throughout the ages. George Fletcher invites us to reflect on these great transformations – beginning with the convictions of Jesus Christ by Pontius Pilate and moving onward to the recent decision by American courts to acquit Salim Hamdan of terrorism in the Afghan War. The publication of his book couldn’t be more timely as all of us reflect on the larger implications of Derek Chauvin’s murder conviction.’ -- Bruce Ackerman, Yale University, US‘Penned by perhaps the world’s leading comparative criminal law scholar, Advanced Introduction to Landmark Criminal Cases is a rich and fascinating account of the leading criminal trials from around the world and from ancient history to the present day. The book would be perfect as a supplement to a first-year Criminal Law class, challenging enough to serve as the principal text for an upper-level advanced law school class, engaging enough for an undergrad class about the law, yet sufficiently suffused with clear explanation for the general reader. It is yet another wonderful book from the criminal law master.’ -- Russell Christopher, University of Tulsa, USTable of ContentsContents: Introduction and overview 1. The trial of Bernhard Goetz 2. The trial of O.J. Simpson 3. The trial of Adoph Eichmann 4. The trial of Detlef Tiede 5. The trial of Salim Ahmed Hamdan 6. The trial of John Thomas Scopes 7. The trial of Jesus of Nazareth 8. The trial of Aaron Burr 9. The trial of Amanda Knox 10. The trial of Mike Tyson 11. The trial of Jack Ruby Conclusion Index

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Book SynopsisThis stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge? This nuanced book shows how, in re-examining legal knowledge from a diachronic perspective, historical jurisprudence can be rethought as a domain concerned with contemporary legal epistemology.Ambitious in its scope, Rethinking Historical Jurisprudence will be a key resource for students and scholars in the fields of legal philosophy, legal theory and history and research methods in law.Trade Review‘Geoffrey Samuel is a leading legal comparatist and epistemologist whose decades-long scholarship has made fundamental contributions to the nature and dynamics of legal reasoning in both Common and Civil law jurisdictions. Rethinking Historical Jurisprudence represents a major step along Samuel’s rich intellectual path. It makes a compelling – and much-needed – case for reconsidering what amounts to ”historical legal thought”. Learned yet accessible, >Rethinking Historical Jurisprudence is a must-read for all those interested in the history and epistemology of legal reasoning.’ -- ’– Luca Siliquini-Cinelli, University of Dundee, UKTable of ContentsContents: Preface Introduction to historical jurisprudence 1. Paradigms and revolutions 2. Schemes and paradigm orientations 3. Roman legal methods and reasoning 4. Roman legal methods and reasoning 5. Post-Roman methods and methodologies 6. Contemporary methods and methodological issues 7. Terminology and the foundations of legal theory 8. Taxonomy and theory building 9. Private law theory and the resurgence of formalism 10. Have there been scientific revolutions in law? 11. Is legal knowledge cumulative (or has there been progress in law)? 12. Is legal knowledge cumulative (or has there been progress in law)? Conclusion Bibliography Index

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Book SynopsisConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitarō, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.Trade Review‘Yahyaoui Krivenko’s vision of the human rights philosophy is most needed today to overcome the limitations of human rights narrowly construed around the individualised experience of each human being. This reconceptualisation will be particularly useful when applied to issues such as environmental degradation and climate change. Since the planet is an ecosystem which is not human-centered, we need to initiate a decentering of human rights allowing us to embrace the complex interactions between all life forms and natural processes on Earth, and to situate the human experience among this new conception of “reality”.’ -- François Crépeau, McGill University, CanadaTable of ContentsContents: 1. Introduction to The Logic of Human Rights 2. Reason, logic, and the subject/object dichotomy in the West 3. The traditional logic of human rights and the subject/object dichotomy 4. Beyond the subject/object dichotomy: topo-logic 5. Human rights through topo-logic: a theoretical foundation 6. Human rights through topo-logic: possibilities of operationalization 7. Conclusion to The Logic of Human Rights Index

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Book SynopsisIn seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation.The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.Trade Review‘A book like no other. Steeped in wisdom – philosophical, practical, personal – it takes the reader on a Socratic journey into the most difficult of problems facing individuals, societies, and humanity as a whole: how to reconcile over a common future in the aftermath of conflict.’ -- Kjersti Lohne, University of Oslo, Norway‘Bert van Roermund channels his inner Socrates into a wide-ranging series of dialogues on the nature of justice and reconciliation in the aftermath of violence, war and atrocity. Van Roermund steers well clear of offering any trite and easy answers. Each of the lifelike conversations illuminates and the Socratic voices illustrate the pivotal importance of the process of thinking together on such subjects. In a time of echo chambers and moral grandstanding van Roermund's work offers some welcome and much needed antidote.’ -- Antony Pemberton, Leuven Institute of Criminology, BelgiumTable of ContentsContents: Participants Prologue: A letter from Socrates. Dialogue 1 Stages and sequences? Dialogue 2 Never again Dialogue 3 Restoring what has never been Dialogue 4 Dissimultaneity Dialogue 5 Simultaneity Dialogue 6 Time before time Dialogue 7 Time beyond time Epilogue Postscript and acknowledgements References Index

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Book SynopsisTheories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical.Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France.Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read.Trade Review‘Relational approaches to law focus on how the law shapes the actual relationships between and among people. Jeuland offers a highly accessible and comprehensive introduction to the existing literature. It is indispensable reading for anyone interested in this fast-growing alternative genre in legal theory.’ -- Alexander Somek, author of The Legal Relation: Legal Theory after Legal PositivismTable of ContentsContents: Introduction to Theories of Legal Relations: a comparative analysis 1. Analysis of the concepts used 2. Analysis of the different theories of legal relationships 3. Theories and practices of legal relationships 4. Legal theory and legal relations Conclusion: the emergence of a relational approach to law? Bibliography Index

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Book SynopsisExamines in detail the full legal process of prize law from capture of the prize to payment of the prize money.Naval historians are well aware that prize money was a huge incentive for British naval officers and sailors during the eighteenth century and much has been written about prize taking and the associated fighting. What is much less known about are the processes which then followed, the legal process which confirmed that the prize was lawful, or otherwise, the valuation and sale of the prize, the allocation and distribution of the prize money. Based on extensive original research and including detailed case studies this book takes the reader through the full process from capture to payment. It outlines prize law, explores the role of prize agents, and discusses how the courts worked when considering prize cases. It covers appeals, examines how some naval officers gained great wealth through prize taking with others being much less successful, and highlights how particular individuals influenced the process. Throughout the reader follows the stories of individual captains and their struggles and triumphs in the prize law process.

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Book SynopsisDocuments the influence Britain and France had on the ideas of liberty and human rights from the twelfth century to the French Revolution.Liberty, Equality, Fraternity, the motto of the French Republic, encapsulates the 1789 Declaration of the Rights of Man. The authors trace the history of each article in that Declaration to the twelfth to the sixteenth centuries. That period saw the invention by the French-speaking Norman rulers in England of the common law based on reason and natural rights, of limited monarchy and habeas corpus; and in both France and England the replacement of trials by ordeal and battle with the right to a fair trial or due process, the disappearance of chattel slavery, and the development of the rule of law and republican government. The authors show that the ideas that the French and British held in common from that period were deployed to justify the rebellions and revolutions in the Netherlands and Britain in the sixteenth and seventeenth centuries, and in France and the USA in the eighteenth century. That in turn led to the adoption of human rights declarations, treaties and laws in the twentieth century. The authors trace these ideas from the Policraticus (1159) of John of Salisbury, the Englishman educated in France who dedicated his work to his patron Thomas Becket, through (among others) Thomas More's Utopia (1516), Jean Bodin's Six Books of the Republic (1576), John Locke's Treatises on Government (c.1689), Montesquieu's Spirit of the Laws (1748) and William Blackstone's Commentaries on the Laws of England (1765-69) that was widely cited in France and propounds the natural rights of mankind listed in the 1789 Declaration.

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Book SynopsisThis illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.Trade Review‘This is an excellent overview of conceptual explanations of law, and a bold attempt to deal with one of the more well-established truisms within law and the humanities.’ -- Erin Buckley, Law in Context'Giudice attempts to reconcile two positions seemingly in tension: that law is a social construction, yet it has a natural core. Law is both a social artifact and a natural kind (of a sort). When making this argument, he demonstrates that conceptual analysis must be supplemented by causal analysis, drawing on sociology, anthropology, behavioral neuroscience, and other scientific disciplines, as well as by moral and political analysis. His thesis and his method chart potentially fruitful paths for the next stage of analytical jurisprudence. This is a fascinating, ambitious, and important work.' --Brian Z. Tamanaha, Washington University in St. Louis, US'Michael Giudice shows again the subtlety and clarity of thought we have come to expect from his work. This book is indispensable for anyone interested in understanding law, whether and how it is socially constructed, the method for understanding it, or the relation between its nature and our concept of it.' --Kenneth M. Ehrenberg, Co-Director, Surrey Centre for Law and Philosophy, UK'For many years now, Michael Giudice has been an important and unique voice, reforming analytical jurisprudence from the inside. With this astute new book, Giudice once again shows, with his customary clarity and elegance, why it is vital to balance and relate analytical, empirical and normative aspects of theorising law.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction PART I THE SOCIAL CONSTRUCTION OF LEGAL SYSTEM 2. Social constructionism and legal theory 3. Conceptual views and political commitments 4. The idea of legal system: one thought too many? PART II NATURAL LIMITS TO LAW’S SOCIAL CONSTRUCTION 5. Conceptual space for a natural core 6. Empirical evidence for social source normativity 7. Methodological implications 8. Conclusion Index

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Book SynopsisThis insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an 'alarm bell mechanism' is examined and assessed in relation to its original goal to prevent authoritarian backsliding.The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.Trade Review‘The volume provides an excellent tour de force through both the history of the ECtHR as well as the Court's dealing with histories in its case law. It poses questions to the core of the self-understanding, not only of the ECtHR but also for the legal and political scholarship on the Court. The multiplicity of voices assembled by the editors provide a rich and nuanced analysis, which does not fall into the trap of nostalgia but highlights the complex contexts in which the Court has, continues, and will operate in the future.’ -- Silvia Steininger, Zeitschrift für Rechtssoziologie'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, ''the conscience of Europe''. In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' -- Françoise Tulkens, Former Vice-President of the European Court of Human Rights'In what ways can the study of history inform current debates about the European Court of Human Rights? Uniting some of the academy's most thoughtful writers on the European Court, this volume explores the uses, misuses and insights of history in analyzing both the Court's jurisprudence and its evermore contested political role. The volume provides depth to current debates and will speak to lawyers, legal scholars, and historians of Europe alike.' -- Alexandra Huneeus, University of Wisconsin-Madison, USTable of ContentsContents: 1 Introduction: The European Court of Human Rights – the past in the present 1 Helmut Philipp Aust PART I CURRENT CHALLENGES OF THE COURT 2 From boom to backlash? The European Court of Human Rights and the transformation of Europe 21 Mikael Rask Madsen 3 Principled resistance to the European Court of Human Rights and its case law: a comparative assessment 43 Marten Breuer 4 Can Strasbourg be replicated at a global level? A view from Geneva 71 Yuval Shany PART II HISTORICAL PERSPECTIVES ON CURRENT CHALLENGES: THE DRAFTING HISTORY IN CONTEXT 5 The European Convention on Human Rights and postwar history: why origins matter 90 Marco Duranti 6 For the sake of unity: the drafting history of the European Convention on Human Rights and its current relevance 109 Esra Demir-Gürsel 7 Asylum and immigration under the European Convention on Human Rights – an exclusive universality? 133 Prisca Feihle PART III HISTORIES AS CASES AND IN THE CASES 8 History as an afterthought: the (re)discovery of Article 18 in the case law of the European Court of Human Rights 158 Bașak Çalı and Kristina Hatas 9 Rethinking effectiveness: authoritarianism, state violence and the limits of the European Court of Human Rights 177 Dilek Kurban 10 ‘Never Again’ as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights 200 Aleksandra Gliszczyńska-Grabias 11 Historical truth before the European Court of Human Rights 221 Björnstjern Baade 12 The limits of the European Court of Human Rights vis-à-vis contestation and authoritarianism: concluding observations 244 Esra Demir-Gürsel Index 264

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Book SynopsisEssays offering a guide to a vital source for our knowledge of medieval England. The Inquisitions Post Mortem (IPMs) at the National Archives have been described as the single most important source for the study of landed society in later medieval England. Inquisitions were local enquiries into the lands heldby people of some status, in order to discover whatever income and rights were due to the crown on their death, and provide details both of the lands themselves and whoever held them. This book explores in detail for the first time the potential of IPMs as sources for economic, social and political history over the long fifteenth century, the period covered by this Companion. It looks at how they were made, how they were used, and their "accuracy",and develops our understanding of a source that is too often taken for granted; it answers questions such as what they sought to do, how they were compiled, and how reliable they are, while also exploring how they can best be usedfor economic, demographic, place-name, estate and other kinds of study. Michael Hicks is Professor of Medieval History, University of Winchester. Contributors: Michael Hicks, Christine Carpenter, Kate Parkin, Christopher Dyer, Matthew Holford, Margaret Yates, L.R. Poos, J. Oeppen, R.M. Smith, Sean Cunningham, Claire Noble, Matthew Holford, Oliver Padel.Trade ReviewAn extremely valuable and useful companion. * HISTORY, July 2013 *An indispensable introduction and guide. NORTHERN HISTORY, L, no. 2, September 2013 * . *This is a valuable collection likely to be widely used and referred to. The social and economic historian, as well as his political and administrative colleague, will find a tremendous amount to interest them here. * THE RICARDIAN *Provides a fascinating and detailed insight into this series of under-used medieval records. [It] is rigorous in its academic quality, and an interesting and thoroughly enjoyable read. It highlights the enormous potential of these records for historians and genealogists alike, and will prove an essential companion to those intending to utilise these records in their future research. * LOCAL POPULATION STUDIES *Illustrates very successfully the wide-ranging historical value of the inquisitions and the benefits of their availability in calendared form. * REVIEWS IN HISTORY *Table of ContentsIntroduction - Michael Hicks Crossing Generations: Dower, Jointure and Courtesy - Michael Hicks The Lesser Landowners and the Inquisitions Post Mortem - Christine Carpenter Tales of Idiots, Signifying Something: Evidence of Process in the Inquisitions Post Mortem - Kate Parkin The Value of Fifteenth-Century Inquisitions Post Mortem for Economic and Social History - Christopher Dyer 'Notoriously Unreliable': The Valuations and Extents - Matthew Holford The Descriptions of Land found in the Inquisitions Post Mortem and Feet of Fines. A Case Study of Berkshire - Margaret Yates Correcting Josiah Russell's Measurements of Late Medieval Mortality using Inquisitions Post Mortem - A Great Historical Enterprise: The Public Record Office and the Making of the Calendars of Inquisitions Post Mortem - Sean Cunningham Writs and the Inquisitions Post Mortem: How the Crown managed the System - Claire Noble 'Thrifty Men of the Country'? The Jurors and their Role - Matthew Holford Place-names and Calendaring Practices - Oliver J. Padel

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Book SynopsisA study of how English legal culture, with its strong emphasis on common law, engaged with the new ideas of the Enlightenment. This book explores how English legal culture, deeply imbued with the ideas and practices of common law, engaged with the new intellectual, institutional and cultural changes of the Enlightenment. It argues that common law survivedas an important part of English legal culture because it was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse. Drawing on works of jurisprudence, legal histories, manuals of law and notebooks of legal practice, and looking in detail at four pivotal, widely-discussed cases, the book illuminates the ways in which common law custom and tradition continued to be valued foundations for the authority of law, even during a period of political change, commercial growth and philosophical rationalism. Exploring the challenges to and adaptations within common law thinking in England in the late seventeenth and early eighteenth centuries, the book reveals that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts. JULIA RUDOLPH is Associate Professor of History at North Carolina State University. She is the author of Revolution by Degrees: James Tyrrell and Whig Political Thought in the Late Seventeenth Century (Palgrave Macmillan, 2002), and of various articles on gender, crime, and the history of the book in early modern England. She has also edited a collection of theoretical and interdisciplinary essays entitled History and Nation (Bucknell University Press, 2006).Trade ReviewA significant scholarly achievement [and] an enormously important exercise in cultural and intellectual history. * PARLIAMENTARY HISTORY *Julia Rudolph's aim in this rich and broad-ranging book is to challenge this interpretation of the eighteenth century decline of common-law jurisprudence into irrelevance. * JOURNAL OF MODERN HISTORY *Table of ContentsAgainst decline Law books, legal knowledge and enlightened encyclopedism Expertise and evidentiary practices in science and law Common law, credit and the growth of commerce Common law jurisprudence and the philosophy of natural law Common law and the morality of markets Legal histories and enlightened historiography Conclusion

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Book SynopsisFresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries. There has been a tendency in scholarship on premodern women and the law to see married women as hidden from view, obscured by their husbands in legal records. This volume provides a corrective view, arguing that the extent to which the legal principle of coverture applied has been over-emphasized. In particular, it points up differences between the English common law position, which gave husbands guardianship over their wives and their wives' property, and the position elsewhere in northwest Europe, where wives' property became part of a community of property. Detailed studies of legal material from medieval and early modern England, Wales, Scotland, Ireland, Ghent, Sweden,Norway and Germany enable a better sense of how, when, and where the legal principle of coverture was applied and what effect this had on the lives of married women. Key threads running through the book are married women'srights regarding the possession of moveable and immovable property, marital property at the dissolution of marriage, married women's capacity to act as agents of their husbands and households in transacting business, and married women's interactions with the courts. Cordelia Beattie is Senior Lecturer in Medieval History at the University of Edinburgh; Matthew Frank Stevens is Lecturer in Medieval History at Swansea University Contributors: Lars Ivar Hansen, Shennan Hutton, Lizabeth Johnson, Gillian Kenny, Mia Korpiola, Miriam Muller, S.C. Ogilvie, Alexandra Shepard, Cathryn Spence.Trade ReviewAn important starting point for anyone who wants to understand regional variation, chronological change, and the relation between learned law and pragmatic legal processes relating to women and their economic roles. * THE MEDIEVAL REVIEW *A nuanced, engaging volume, well worth the attention of economic, social, and gender historians alike. * . *This excellent collection is important reading for any student interested in the intersections of legal identity, marital status, and economic power. * MEDIEVAL FEMINIST FORUM *This collection makes an outstanding contribution to the field. * WOMEN'S HISTORY REVIEW *Table of ContentsIntroduction: Uncovering Married Women - Cordelia Beattie and Matthew Frank Stevens When Two Worlds Collide: Marriage and the Law in Medieval Ireland - Gillian Kenny Inheritance, Property and Marriage in Medieval Norway - Lars Ivar Hansen Spousal Disputes, the Marital Property System, and the Law in Later Medieval Sweden - Mia Korpiola Married Women, Crime and the Courts in Late Medieval Wales - Lizabeth Johnson Peasant Women, Agency and Status in Late Thirteenth- and Early Fourteenth-century England: Some Reconsiderations - Miriam Muller London's Married Women, Debt Litigation and Coverture in the Court of Common Pleas - Matthew Frank Stevens Married Women, Contracts and Coverture in Late Medieval England - Cordelia Beattie Property, Family and Partnership: Married Women and Legal Capability in Late Medieval Ghent - Shennan Hutton 'For His Interest'?: Women, Debt and Coverture in Early Modern Scotland - Cathryn Spence The Worth of Married Women Witnesses in the English Church Courts, 1550-1730 - Alexandra Shepard Married Women, Work and the Law: Evidence from Early Modern Germany - Sheilagh Ogilvie

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Book SynopsisThis concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.Trade Review’[T]his book is a valuable addition to the literature on breach of confidence.’ -- Richard Arnold, Journal of Intellectual Property Law and Practice’Well received internationally, the book offers a ''shrewd and scholarly'' treatment of this often complex area, largely from an historical perspective to which the authors assign direct relevance to today's information-based society. . . an important research tool not just for lawyers and judges, but academics, students and, dare we say, interested journalists. -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineThe authors of this important book have done a great service to our understanding of this fascinating area of law. Their shrewd and scholarly study traces the development and ''myriad reinventions'' of this protean doctrine from its eighteen century origins through to its most recent manifestation as a private-facts ''tort'' in English law, enriching legal analysis with consideration of the philosophical, social and economic contexts. Common law privacy scholars in particular will find that this book directly illuminates contemporary debates. -- Gavin Phillipson, University of Durham, UKTable of ContentsContents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicity in Early Victorian Britain 4. Secrecy and Late Victorian Markets for Information 5. The Forgotten Years of Breach of Confidence 6. Searching for Balance in the Employment Relationship 7. Revival of an ‘Ancient Doctrine’ 8. Epilogue: The Reinvention of Tradition Appendix: Digest of Nineteenth Century Cases Index

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Book SynopsisThis innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world’s first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and ‘new formalities’. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright.This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.Trade Review‘Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues. . . The cast of contributors is almost a reflection of the history of modern scholarship itself. . . This volume makes for a most enjoyable and thought-provoking read.’ -- IPKatTable of ContentsContents: Preface Opening Speech Victor Nabhan PART I: THE STATUTE OF ANNE AND ITS ROLE IN THE WORLD OF COPYRIGHT 1. Introduction to Part I: The History of Copyright Lionel Bently 2. The Statute of Anne 1709–10: Its Historical Setting William Cornish 3. What’s New About the Statute of Anne? Or Six Observations in Search of an Act Ronan Deazley 4. To What Degree Did the Statute of Anne (8 Anne, c.19, [1709]) Affect Commercial Practices of the Book Trade in Eighteenth-Century England? Some Provisional Answers about Copyright, Chiefly from Bibliography and Book History Michael F. Suarez, S.J. 5. The Statute of Anne and Author’s Rights: Pope v. Curll (1741) Mark Rose Transition from Guild Regulation to Modern Copyright Law 6. Transition from Guild Regulation to Modern Copyright Law – A View from the Low Countries Willem Grosheide 7. Transition from Guild Regulation to Modern Copyright Law (Sweden) Gunnar Petri 8. From Privilege to Modern Copyright Law Martin Vogel Influence, Past and Present, of the Statute of Anne on Civil and Common Law Countries 9. The Influence (Past and Present) of the Statute of Anne in France Christophe Geiger 10. The Influence of the Statute of Anne on Belgian Copyright Law Joris Deene 11. Colonial Copyright Redux: 1709 v 1832 Pierre-Emmanuel Moyse PART II: DIGITAL LIBRARIES AND ONLINE LICENSING 12. Introduction to Part II Uma Suthersanen 13. Phoenixes in the Internet Era – The Changing Role of Libraries Dame Lynne J. Brindley Digital Libraries in the Current Legal and Educational Environment 14. The Development of Digital Libraries in the United States June M. Besek 15. Digital Libraries in the Current Legal and Educational Environment: A European Perspective Marco Ricolfi 16. Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation? Raquel Xalabarder Collective Administration for Online Libraries: A Rightsholders’ Dream or an Outdated Illusion? 17. Digital Libraries: Collective Administration for Online Libraries – A Rightsholders’ Dream or an Outdated Illusion? Tarja Koskinen-Olsson 18. Towards a Contextual Copyright? Ysolde Gendreau Online Digitalisation and Licensing 19. Google Book Search Harjinder Obhi 20. Problem or Solution? Mass Digitisation of Library Stocks and the Google Book Settlement Christian Sprang 21. Online Exploitation and Licensing: General Reporter’s Summary and Proposals for Discussion J.A.L. Sterling PART III: THE BORDERLESS ERA: INTERNATIONAL EXHAUSTION, GLOBAL ADMINISTRATION AND FORMALITIES 22. Introduction to Part III Paul Torremans International Exhaustion 23. International Exhaustion André Lucas 24. The Economic Perspective: Exhaustion in the Digital Age Andreas Wiebe Exhaustion in Digital Products: The Impact on Economic Rights 25. The Legal Perspective on Exhaustion in the Borderless Era: Consideration of a Digital First Sale Doctrine for Online Transmissions of Digital Works in the United States Marybeth Peters 26. Exhaustion in Digital Products and the ‘Accidental’ Impact on the Balance of Interests in Copyright Law Tomasz Targosz 27. Exhaustion – A Casualty of the Borderless Digital Era Trevor Cook Formalities 28. Historical Appearances and Disappearances of Formalities: From Berne to National Laws Delia Lipszyc 29: Formalities in the Digital Era: An Obstacle or Opportunity? Stef van Gompel 30. The US Experience with Formalities: A Love/Hate Relationship Jane C. Ginsburg 31. The Scope of Formalities in International Copyright Law in a Digital Context Takeshi Hishinuma Global Administration 32. The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources? Pierre Sirinelli Closing Speech Victor Nabhan Closing Dinner Speech at Lincoln’s Inn, 17 June 2009 Lord Hoffmann APPENDICES Appendix 1: The Statute of Anne 1709–1710 Appendix 2: Further Reading Index

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Book SynopsisThis timely research review presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions.Trade Review‘Drawing on his experience as a scholar and a practitioner, Stanley Lubman brings together two extraordinary resources for those interested in understanding modern Chinese law. Aside from the collected wisdom of over two dozen leading experts on China’s legal system, covering almost every important subject, there is Lubman’s insightful introduction, placing the works of this anthology in context. This collection – work ranging from constitutional, procedural and administrative to civil and criminal law with a trenchant and comprehensive survey drawing upon the knowledge of a pre-eminent observer of the Chinese legal order for almost five decades – is exceptionally valuable.’Table of ContentsContents: Acknowledgements Foreword Stanley B. Lubman Introduction Stanley B. Lubman PART I PERSPECTIVES 1. Donald C. Clarke (2008), ‘Legislating for a Market Economy in China’ 2. Zhang Xianchu (2008), ‘Commentary on “Legislating for a Market Economy in China”’ 3. Jianfu Chen (2008), ‘Experience of Law in the PRC’ 4. Cai Dingjian (1999), ‘Development of the Chinese Legal System Since 1979 and its Current Crisis and Transformation’ 5. Benjamin L. Liebman (2009), ‘Assessing China’s Legal Reforms’ 6. Jerome A. Cohen (2008), ‘China’s Reform Era Legal Odyssey’ 7. Wang Chenguang (2010), ‘From the Rule of Man to the Rule of Law’ PART II THE CONSTITUTION 8. Thomas E. Kellogg (2009), ‘Constitutionalism with Chinese Characteristics? Constitutional Development and Civil Litigation in China’ PART III LEGISLATURES AND LAW MAKING 9. Jianfu Chen (2008), ‘Sources of Law and Law-Making’ PART IV ADMINISTRATIVE LAW AND ADMINISTRATIVE LITIGATION 10. Randall Peerenboom (2002), ‘The Administrative Law Regime: Reining in an Unruly Bureaucracy’ 11. He Xin (2009), ‘Administrative Law as a Mechanism for Political Control in Contemporary China’ 12. Jamie P. Horsley (2010), ‘Update on China’s Open Government Information Regulations: Surprising Public Demand Yielding Some Positive Results’ 13. Kevin J. O’Brien and Lianjiang Li (2005), ‘Suing the Local State: Administrative Litigation in Rural China’ PART V COURTS 14. Benjamin L. Liebman (2007), ‘China’s Courts: Restricted Reform’ 15. Zhu Suli (2010), ‘The Party and the Courts’ 16. Willy Lam (2009), ‘The Politicisation of China’s Law-Enforcement and Judicial Apparatus’ 17. Yang Su and Xin He (2010), ‘Street as Courtroom: State Accommodation of Labor Protest in South China’ 18. Qin Xudong (2010), ‘Calling for Judicial Reform’ PART VI CRIMINAL PROCESS 19. Murray Scot Tanner and Eric Green (2008), ‘Principals and Secret Agents: Central versus Local Control Over Policing and Obstacles to “Rule of Law” in China’ 20. He Weifang (2008), ‘The Police and the Rule of Law: Commentary on “Principals and Secret Agents”’ 21. Ira Belkin (2007), ‘China’ 22. Weidong Chen (2010), ‘Retrospection and Perspective: Chinese Criminal Procedure Law (1979–2009)’ 23. Mike McConville (2011), ‘A Note on Administrative Punishment in China’ PART VII LEGAL PROFESSION 24. Alison W. Conner (2010), ‘China’s Lawyers and their Training: Enduring Influences and Disconnects’ 25. Hualing Fu and Richard Cullen (2008), ‘Weiquan (Rights Protection) Lawyering in an Authoritarian State: Building a Culture of Public-Interest Lawyering’ 26. Eva Pils (2009), ‘The Dislocation of the Chinese Human Rights Movement’ PART VIIIEXTRA-JUDICIAL DISPUTE RESOLUTION 27. Aaron Halegua (2005), ‘Reforming the People’s Mediation System in Urban China’ 28. Mary E. Gallagher (2005), ‘”Use the Law as Your Weapon!”: Institutional Change and Legal Mobilization in China’ PART IX CITIZEN PETITIONS AND COMPLAINTS: XINFANG 29. Carl F. Minzner (2006), ‘Xinfang: An Alternative to Formal Chinese Legal Institutions’

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Book SynopsisAlthough women were not officially permitted to practice law in Maryland until 1902, the history of women acting as lawyers in Maryland is storied, going back to the earliest decades of colonial America. Today, of course, women serve not only as lawyers but also as judges, professors, and elected officials, and anywhere from in local government to the U.S. Senate. Finding Justice tells the remarkable story of how women overcame historical obstacles—legal, social, and economic—to enter the legal profession and how their pioneering work has influenced the practice of law and society at large. The volume contains a CD with the first-evercompiled list of the nearly 25,000 women who have been admitted to the bar in Maryland.Distributed for George F. Thompson Publishing in association with the Maryland Women’s Bar Association Foundation and the University of Baltimore Foundation.

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Book Synopsis​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions.The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts.In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.Chapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.Table of ContentsWhat are and to what avail do we study European International Law Traditions? by Peter Hilpold.- The Concept of International Law – The German Perspective by Christian Tomuschat.- The 'Austrian School of International Law' – The influence of Austrian international lawyers on the formation of the present international legal order by Heribert Franz Köck.- The Concept of International Law: The Italian Perspective by Carlo Focarelli.- The French Tradition of International Law by Andrea Hamann.- British Contributions to Public International Law by Michael Wood.- Exploring Belgian and Dutch “Traditions” in International Law by Jan Wouters and Nina Pineau.- International Law from a Nordic Perspective by Astrid Kjeldgaard-Pedersen and Jakob v.H. Holtermann.- The Russian Concept of International Law as Imperial Legacy by Lauri Mälksoo.- International Adjudication under Particular Consideration of International Criminal Justice: The German Contribution by Stefanie Bock.- The development of International Economic Law - Contributions of German-Speaking Countries by Ernst-Ulrich Petersmann.

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Book SynopsisThis open access book analyses the practice of banishment and what it can tell us about the values of late medieval society concerning morally acceptable behaviour. It focuses on the Dutch town of Kampen and considers the exclusion of offenders through banishment and the redemption of individuals after their exile. Banishment was a common punishment in late medieval Europe, especially for sexual offences. In Kampen it was also meted out as a consequence of the non-payment of fines, after which people could arrange repayment schemes which allowed them to return. The books firstly considers the legal context of the practice of banishment, before discussing punishment in Kampen more generally. In the third chapter the legal practice of banishment as a punitive and coercive measure is discussed. The final chapter focuses on the redemption of exiles, either because their punishment was completed, or because they arranged for the payment of outstanding fines.Table of ContentsIntroduction1. The Legal Context2. Punishment in Late Medieval Kampen3. Exile: Banishment as a Punitive and Coercive Measure4. Redemption: The Repayment of Fines and the Reintegration of Exiles5. Conclusion

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Book Synopsis1. Introduction.- 2. Facts and Figures.- 3. Motives and Contexts.- 4. Law and Justice.- 5. Conclusion

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Book SynopsisDer Verfasser zeigt in seiner Arbeit auf, weshalb und wie Freimaurerlogen während der NS-Zeit verfolgt wurden und wie sie ihre Vermögenswerte verloren haben. Für alle Besatzungszonen in Deutschland wird dargestellt, wie sich die Wiedergutmachung für die Freimaurerlogen nach der NS-Zeit völkerrechtlich entwickelte. In den westlichen Besatzungszonen und in der jungen Bundesrepublik Deutschland haben die Freimaurerlogen, anders als in der sowjetischen Besatzungszone und DDR, eine Wiedergutmachung erfahren. Dr. Lars C. Barnewitz aus Hamburg ist Rechtsanwalt und Fachanwalt fur Strafrecht in Düsseldorf. Mit seinem Vater hat er die Idee der Dresdner Freimaurerstiftung gehabt und das Entschädigungsverfahren in Gang gebracht.

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Book SynopsisDer nunmehr vorliegende 4. Band widmet sich dem Verfassungsrecht der Freien Hansestadt Bremen, das sich schon aufgrund seines „republikanischen“ Charakters von dem Verfassungsrecht der ganz überwiegend monarchischen Staaten Deutschlands grundlegend unterschied. Mehr als 700 abgebildete Dokumente nebst einer ausführlichen Einführung vermitteln ein überaus anschauliches Bild von der verfassungsrechtlichen Entwicklung Bremens im Zeitraum zwischen 1806 und 1918.Table of ContentsTeil 1: Historische Einführungen.- 2. Abschnitt: Verfassungsentwicklung in den deutschen Einzelstaaten (1806 – 1918).- § 16: Bremen.- Teil 2: Verfassungsdokumente.- 2. Abschnitt: Verfassungsdokumente der deutschen Einzelstaaten (1806 – 1918).- § 16: Bremen.

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Book SynopsisIn dem vorliegenden 18. Band ist das aus insgesamt mehr als 500 Dokumenten bestehende Verfassungsrecht des lediglich in dem Zeitraum zwischen 1806 und 1866 bestehenden Herzogtums Nassau zusammengefasst. Die Komplementierung findet dieser stattliche Dokumentenfundus durch eine dessen historischen wie rechtlichen Kontext gleichermaßen beleuchtende ausführliche Einführung.Table of ContentsTeil 1: Historische Einführungen.- 2. Abschnitt: Verfassungsentwicklung in den deutschen Einzelstaaten (1806 – 1918).- § 30: Nassau.- Teil 2: Verfassungsdokumente.- 2. Abschnitt: Verfassungsdokumente der deutschen Einzelstaaten (1806 – 1918).- § 30: Nassau.

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Book SynopsisDieses Buch erläutert die verfassungsmäßige Ausgestaltung der Gesetzgebungsverfahren im Kaiserreich, in der Weimarer Republik und in der Bundesrepublik Deutschland im Zusammenhang. Dadurch wird nachvollziehbar, dass die Gesetzgebung der heutigen parlamentarischen Demokratie ihre Basis bereits in der konstitutionellen Monarchie des Deutschen Kaiserreichs vor 150 Jahren hat. Obwohl das Verfahren der Gesetzgebung im Kaiserreich vordemokratisch ausgestaltet war, sind ihre wesentlichen Merkmale bis heute unverändert. Welche Änderungen die Gesetzgebungsverfahren von Verfassung zu Verfassung im Einzelnen erfuhren, analysiert das Buch und stellt heraus, dass diese Änderungen vor allem das Bund-Länder-Verhältnis, die Volkssouveränität sowie den Einfluss der Grundrechte auf die Gesetzgebung betrafen. Dabei kommen auch Auffassungen der Staatsrechtslehre früherer Zeiten zur Rechtsstaatlichkeit zur Sprache, die immer noch zum derzeitigen Meinungsspektrum zählen, heute jedoch nicht mehr zu halten sind. Zudem dokumentiert das Buch, wer an den Gesetzgebungsverfahren offiziell und wer faktisch beteiligt war bzw. noch ist und welche politischen Einflussnahmen auf die Gesetzgebung im Lauf der Geschichte festzustellen sind. So wird u.a. dokumentiert, dass insbesondere der Mangel an Transparenz der Zusammenarbeit von Exekutive und Legislative mit Lobbyisten dazu führt, dass viele Gesetze einzelne Bevölkerungsgruppen oder Wirtschaftszweige bevorzugen.Table of Contents1. Einführung zu den Funktionen von Gesetzen und zur Entstehung der deutschen Verfassungen.- 2. Die verfassungsmäßige Basis der Gesetzgebung.- 3. Die Träger der Staatsgewalt und ihre Gesetzgebungskompetenz.- 4. Die Gesetzgebungsverfahren.- 5. Politische Einflussnahmen auf die Gesetzgebung.- 6. Zusammenfassung der Ergebnisse für die Gesetzgebund und das Gesetzgebungsverfahren.

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Book SynopsisComplementing other studies on judicial discourse, this book investigates previously unexplored areas, focusing on the realisation of Concession in the genre of judgment. In addition to providing a review of approaches to concessivity as well as legal and linguistic perspectives on argumentation, the analysis draws on genre studies and follows a genre-based view of legal language. It shows the way in which the Concessive relation is deployed by last-instance courts, as revealed by an examination of EU and Polish judgments. In what constitues a pioneering attempt to identify tripartite Concessive patterns in written data, the author breaks away from the traditional view of written legal discourse seen as static and monologic communication. Instead, she offers insights into the linguistic construction of judicial argumentation, seen as a "mute dialogue" with the addressee, highlighting recurrent argumentative schemata and related discourse signals and functions. Combining quantitative and qualitative approaches, the analysis demonstrates that the dialogic model of Concession, designed as a tool for an examination of talk-in-interaction, can be successfully applied in an investigation of written data. The book is aimed at students and researchers with interests in legal discourse, genre analysis and argumentation studies.Trade ReviewThe analysis deserves recognition given the amount of data collected, the manner in which the findings are presented, the overall clarity and the reliability of description. All the previously developed analytical categories are justified here and the model of description presented in the introductory part of the chapter is applied flawlessly. The data collected and the comprehensive discussion allow the author to confirm new regularities in the realisation of the Concessive relation and to formulate claims regarding the realisation of the said relation in two Indo-European languages. The description of the data is sufficient, while the number and variety of examples as well as the manner in which they were selected makes the reader appreciate the author as an experienced discourse analyst. -- Andrzej Lyda, University of Silesia

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Book SynopsisFocusing on Albert Sanguinetti from his early life to his retirement from the legal sector, including his tenures in Gibraltar, Kenya, and Hong Kong, this biography provides an in-depth view of the life of a prominent figure in the legal field in the late twentieth century. It is written from an objective, external viewpoint and paints a colourful and lively picture of Sanguinetti in a voice that could almost be his own. Using Sanguinetti's life experiences, the biographer touches on various historical events, including the Mau Mau revolution in Kenya and the 1957 riots in Hong Kong, and details the social and political problems of the times, such as lingering colonialism, class structure issues, and human rights violations, among others. These glimpses of history through Sanguinetti's eyes are accessible, thought-provoking, and truly representative of the man himself.Offering a well-rounded image of the eccentric subject, this book fulfils Sanguinetti's common response to questions about both his personal and professional life — "more when I know you better". It will undoubtedly be of interest to those who knew Sanguinetti as well as legal professionals, young barristers, and readers with an interest in post-war history in Gibraltar, Kenya, and especially Hong Kong.Table of ContentsChapter 1 Childhood on the RockChapter 2 Scattered by WarChapter 3 London CallingChapter 4 A Different Kind of ColonyChapter 5 Home to Higher OfficeChapter 6 Hong Kong: On the BenchChapter 7 To the BarChapter 8 Riot and ReformChapter 9 Hard Work and High PointsChapter 10 Two ReportsChapter 11 The Golden YearsChapter 12 Retirement

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisOxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.Table of Contents1. Reason-Giving and the Law ; 2. The Standard Picture and Its Discontents ; 3. Legal Judgments as Plural Acceptance of Norms ; 4. Rule-Scepticism Restated ; 5. Can There be a Written Constitution? ; 6. The Rules of Trial, Political Morality and the Costs of Error: Or, Is Proof Beyond a Reasonable Doubt Doing More Harm than Good? ; 7. Self-Defense: The Imminence Requirement ; 8. Criminal Law, Philosophy, and Psychology: Working At the Cross-roads

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Book SynopsisWhen South Africa''s apartheid government charged Nelson Mandela with planning its overthrow in 1963, most observers feared that he would be sentenced to death. But the support he and his fellow activists in the African National Congress received during his trial not only saved his life, but also enabled him to save his country. In Saving Nelson Mandela, South African law expert Kenneth S. Broun recreates the trial--called the Rivonia Trial after the Johannesburg suburb where police seized Mandela. Based upon interviews with many of the case''s primary figures and portions of the trial transcript, Broun situates readers inside the courtroom at the imposing Palace of Justice in Pretoria. Here, the trial unfolds through a dramatic narrative that captures the courage of the accused and their defense team, as well as the personal prejudices that colored the entire trial. The Rivonia trial had no jury and only a superficial aura of due process, combined with heavy security that symbolized Trade ReviewFascinating account, full of fresh, eye-opening material * Sunday Times {Culture} *[a] meticulous reconstruction * Stephen Robinson, The Sunday Times {Culture} *Table of ContentsIntroduction ; 1. The Trial Begins ; 2. Arrests and Escapes ; 3. The Lawyers and the Judge ; 4. South Africa and the World React ; 5. Preparing for Trial ; 6. A Pyrrhic Victory ; 7. The Case for the Prosecution ; 8. Mandela Speaks to the Court ; 9. The Other Defendants Make Their Case ; 10. Arguments ; 11. Pressures from Outside the Courtroom ; 12. Judgment and Sentencing ; 13. South Africa and the World React ; 14. Thinking about the Judgment and Sentence ; 15. Life After the Rivonia Trial ; 16. What Rivonia Meant for South Africa and the World ; Primary Sources ; Other Sources ; Notes

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