Legal history Books
Cambridge University Press A Search for Sovereignty Law and Geography in European Empires 14001900
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£25.64
Cambridge University Press Custom as a Source of Law
Book SynopsisCustom is simply the practices and usages of distinctive communities. But are such customs legally binding? Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated? This volume offers a fresh perspective on custom's enduring place in both domestic and international law.Trade Review"In comparing these diverse areas of law, this rich study draws on an impressive array of methodologies and disciplines, including anthropology, history, psychology, and economics. Although Professor Bederman’s vision of custom is familiar in many ways — he adheres to the traditional view that custom involves both objective and subjective components — his contribution is nonetheless significant in its delineation of the jurisprudential and practical factors that explain custom’s staying power." - Harvard Law ReviewTable of ContentsPart I. Customary Law in Perspective: 1. Anthropology: custom in pre-literate societies; 2. Culture: the western legal tradition of positivism; 3. History: the common law and custom; 4. Economics, socio-biology and psychology: the human impulse of custom; Part II. Custom in Domestic Legal Systems: 5. Family law; 6. Property; 7. Contracts; 8. Torts; 9. Constitutional law; Part III. Custom in International Law: 10. Private international law: international commercial usage; 11. Public international law: custom among nations; Conclusion: how and why custom endures.
£32.29
Cambridge University Press Dred Scott and the Problem of Constitutional Evil
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£22.99
Cambridge University Press General Jurisprudence Understanding Law From A Global Perspective Law in Context
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£55.09
Cambridge University Press The Constitution of the Commonwealth of Australia History Principle and Interpretation
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£89.30
Cambridge University Press Canon Law and the Letters of Ivo of Chartres 76 Cambridge Studies in Medieval Life and Thought Fourth Series Series Number 76
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£98.15
Cambridge University Press Fashioning Intellectual Property Exhibition Advertising and the Press 17891918 14 Cambridge Intellectual Property and Information Law Series Number 14
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£62.69
Cambridge University Press A History of Tort Law 19001950
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£104.50
Cambridge University Press History of the Supreme Court of the United States Part 1A Oliver Wendell Holmes Devise History of the Supreme Court of the United States
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£112.10
Cambridge University Press History of the Supreme Court of the United States Part 1B Oliver Wendell Holmes Devise History of the Supreme Court of the United States
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£117.80
Cambridge University Press The Cambridge History of Law in America Early America 15801815
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£108.30
Cambridge University Press The Cambridge History of Law in America The Twentieth Century and After 1920
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£108.30
Cambridge University Press The Royal Prerogative and the Learning of the Inns of Court
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£104.50
Cambridge University Press A Critical Introduction to Law and Literature
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£81.69
Cambridge University Press Mercy and Authority in the Tudor State
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£85.49
Cambridge University Press Peace Treaties and International Law in European History
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£118.75
Cambridge University Press Evolution and the Common Law
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£62.70
Cambridge University Press Law and Representation in Early Modern Drama
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£81.00
Cambridge University Press Dred Scott and the Problem of Constitutional Evil
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£31.35
Cambridge University Press Crime and Justice in Late Medieval Italy
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£85.50
Cambridge University Press Law Courts and Lawyers in the City of London 13001550
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£104.50
Cambridge University Press Legal Foundations of Tribunals in Nineteenth Century England
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£104.50
Cambridge University Press Income Tax in Common Law Jurisdictions
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£128.25
Cambridge University Press Law and Legal Practice in Egypt from Alexander to the Arab Conquest A Selection of Papyrological Sources in Translation with Introductions and Commentary
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£133.95
Cambridge University Press The English Historical Constitution Continuity Change and European Effects
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£90.70
Cambridge University Press American Sovereigns
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£70.30
Cambridge University Press The Classical Foundations of the American Constitution
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£104.50
Cambridge University Press AngloAmerican Corporate Taxation
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£66.49
Cambridge University Press Custom as a Source of Law
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£62.70
Cambridge University Press The Legacies of Law
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£67.45
Cambridge University Press The Victorian Taxpayer and the Law A Study in Constitutional Conflict Cambridge Tax Law Series
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£99.75
Cambridge University Press Empires of Complaints
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£71.25
Cambridge University Press The Science of Proof
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£80.75
Cambridge University Press Hans Kelsen on Constitutional Democracy
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£103.50
Cambridge University Press Fatwa and the Making and Renewal of Islamic Law
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£80.75
Cambridge University Press Justice After Mao
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£95.00
Cambridge University Press Death in Old Mexico
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£22.99
Cambridge University Press Death in Old Mexico
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£66.50
Cambridge University Press Navigating Local Transitional Justice
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£80.75
Cambridge University Press Law and Religion in Colonial America
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£45.59
Cambridge University Press Lordship State Formation and Local Authority in Late Medieval and Early Modern England
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£80.75
Cambridge University Press Monitoring American Federalism
Book SynopsisMonitoring American Federalism examines some of the nation''s most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution''s ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.Trade Review'Fritz's meticulously researched and timely book reframes our understanding of interposition and shows that it was distinct in important ways from nullification. This book fills a gap in our knowledge of the states' role in early national federalism, placing the founders' ideas in context and showing how those ideas were reshaped in the early nineteenth century.' Alison L. LaCroix, University of Chicago, author of The Interbellum Constitution: Union, Commerce and Slavery in the Age of Federalisms'Christian Fritz is one of the most illuminating students of American constitutional development. His latest book, on the theory and practice of state interposition, casts dazzling new light on the complexities of unified constitutional meaning in a fractious federal system.' Sanford Levinson, University of Texas, author of Framed: America's 51 Constitutions and the Crisis of Governance'With perfect timing, Fritz's book on the history of state legislative resistance hits the market, just as debate about the theory of the independent state legislature heats up, and the Supreme Court considers it. Reading Fritz's fascinating examination of state legislative actions should fill the need for accurate history absent from the debate thus far.' Maeva Marcus, Research Professor of Law, The George Washington University'In this deftly argued book, Christian Fritz traces the complex ways in which the American states attempted to 'interpose' their authority to challenge federal acts. He explains what the idea of interposition meant to its main author, James Madison, but also why Madison's concept proved so ambiguous and controversial to its interpreters.' Jack Rakove, Stanford University, author of Original Meanings: Politics and Ideas in the Making of the Constitution'… the book succeeds in recovering the history of interposition and documenting its status as one of state governments' key weapons in their skirmishes with the federal government in the early decades of the republic. Fritz's prose is crisp and clear, and his voluminous references appear as endnotes in a way that does not slow the reader down but document his insights thoroughly. Readers will learn a tremendous amount about interposition in particular as well as about American political development as it relates to federalism. It should therefore be of interest to both scholars with specific interests in interposition and the early American republic as well as those with a more general interest in how American federalism works.' John D. Nugent, Publius'… an excellent primer on how constitutional meaning developed as the country gained experience with its new constitution…' John D. Nugent, The Journal of Federalism'Monitoring American Federalism is a rich source that likely will become an essential text about the distribution and exercise of constitutional powers for scholars and educators who are experts in the subject matter. Yet it also is accessible to a broader audience of readers, including those who wish to be better informed while navigating real contemporary questions about balancing federal and state power. … a must-read.' Nicholas Allard, The Journal of Things We Like'Professor Fritz has done a great service in unearthing the history of original interposition theory and exploring the divergent interpretations and uses that developed over the decades … Equally his book nicely shows some of the ways that Americans have reshaped the nation's constitutional law and theory as they sought to manipulate and exploit the indeterminate, built-in tensions in the Constitution's federal structure. Students of American federalism will find this excellent book a treasure-trove of information, insight, and scholarly inspiration.' Edward A. Purcell, Jr, Balkin.com'Fritz's prodigiously researched book engages in the vital work of teasing apart meaning from myth, interpretation from invocation. The project is more imperative than ever, given the current urgency for constitutional history to distinguish among meaning, interpretation, continuity, and change.' Alison L. LaCroix, Balkin.com'Christian Fritz's new book offers a rich exploration of state opposition to perceived unconstitutional acts by the federal government since the Founding. Fritz recovers a tradition of state interposition distinct from the more familiar, and more abhorred, phenomenon of nullification…Monitoring American Federalism can help us make sense of contemporary state resistance to the federal government as well as its lineage.' Jessica Bulman-Pozen, Balkin.com'Monitoring American Federalism … casts tremendous new light on the actualities of the American federal system … Quite literally, every scholar of American constitutional development will have to contend with this book at pains of being deemed illiterate … As a history of ideas - and of political actions - the book is … a stunning contribution… Fritz casts immense light on important aspects of the historical American constitutional order and how we should think about it even today.' Sandford Levinson, Balkin.comTable of ContentsIntroduction; 1. The riddle of federalism and the genesis of interposition; 2. Early state use of interposition: testing the powers of the new national government; 3. State interposition and debates over the meaning of the Constitution; 4. The Virginia and Kentucky Resolutions and Madison's report of 1800; 5. State interposition during the Jefferson and Madison presidencies; 6. State challenges to the Supreme Court's control over constitutional interpretation; 7. The transformation of interposition: the theory of nullification emerges; 8. State interposition and nullification on the path to secession; 9. State interposition during and after the Civil War; 10. Modern interposition by states and 'nullification'; Epilogue.
£29.99
Cambridge University Press The Sacraments of the Law and the Law of the Sacraments
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£80.75
Cambridge University Press The Turn to Process
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£75.99
Cambridge University Press The Turn to Process
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£24.69
Cambridge University Press Out of Place
Book SynopsisThis volume is a call to embrace the power of positionality, telling a new history of law and society through the experiences of successful scholars from populations that academia has historically marginalized. Experts record their positionalities across their research and document what they learned about the law in the process.
£25.64
Cambridge University Press Extradition and Empire
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£95.00
Cambridge University Press Royal Justice and the Making of the Tudor Commonwealth 14851547
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£80.75