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Book SynopsisIn May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.Trade Review"This delightful and imaginative book of essays will alter the way in which one writes about cases and constitutional rights. The book should inspire future collaborations among artists, legal scholars, courts, and local communities. It deserves to be widely read. [...] Painting Constitutional Law liberates us to reimagine our own engagement with constitutional cases and doctrines, forcing us to see and confront the cases as emotions, colors, and shapes and to recognize their inherent disruption. May this book be the first of a new genre". Mary Sarah Bilder, Glossae, European Journal of Legal History 18 (2021).

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Book SynopsisThe driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.Table of ContentsTables Notes on Contributors 1 Introduction: Modernisation, National Identity, and Legal Instrumentalism  Michał Gałędek 2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era  Zsuzsanna Peres 3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions  Bart Wauters 4 English Commercial Law in the Longue Durée: Chasing Continental Shadows  Sean Thomas 5 The Italian Destiny of the French Code de commerce (19th Century)  Annamaria Monti 6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell  Anna Klimaszewska 7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America  Marcin Michalak 8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach  Sara Pilloni 9 Civilian Arguments in the House of Lords’ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century  Łukasz Jan Korporowicz 10 Usucapio in Era of Real Estate Title Registration Systems  Beata J. Kowalczyk 11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China  Mingzhe Zhu 12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars  Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli 13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law  Steven Wilf Index

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Book SynopsisThis book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.Table of Contents Acknowledgements  1Introduction  1.1The Connection with the Criminal Justice System as a Whole  1.2The Theoretical Framework  1.3The Approach and Limitations  1.4The Periodization  1.5The Structure and Content of the Chapters Part 1: The Theoretical Framework and the Development of the Criminal Law of Evidence in France and Germany  2The Characteristics of the System of Legal Proofs  2.1Introduction  2.2The Abandonment of the Ordeal and the Development of the Inquisitorial Procedure  2.3The Central Characteristics of the System of Legal Proofs  2.4The Thesis of Langbein  2.5Conclusion  3The Theoretical Framework  3.1Introduction  3.2The Political-constitutional Discourse  3.3The Epistemological Discourse  3.4Conclusion  4The Reform of the Criminal Law of Evidence in France 1750–1870  4.1Introduction  4.2The Regulation of the Criminal Law of Evidence in France until 1789  4.3The Reform Discussion on the Criminal Law of Evidence between 1750 and 1789  4.4The Discussions in the Constitutional Assembly (1789–1791)  4.5The Development of the Criminal Law of Evidence between 1791 and 1814  4.6The Criminal Law of Evidence between 1815 and 1848  4.7Conclusion  5The Development of the German Criminal Law of Evidence 1750–1870  5.1Introduction  5.21750–1812: The Abolition of Judicial Torture and the Start of the Reform Debate  5.3The German Discussion between 1812 and 1848  5.4The Discussion on the Criminal Law of Evidence between 1848 and the 1870s  5.5Conclusion Part 2: The Development of the Criminal Law of Evidence in the Netherlands 1750–1870  6The Criminal Law of Evidence in the Dutch Republic between 1600 and 1795  6.1Introduction  6.2The Regulation of the Criminal Law of Evidence in the juridical Literature  6.3The Practice of the Criminal Law of Evidence in the Dutch Republic  6.4Conclusion  7The Criminal Law of Evidence under Discussion: 1750–1795  7.1Introduction  7.2Criticisms on the Use of Judicial Torture 1600–1750  7.3The Reform-literature between 1750 and 1795  7.4Reforms of (criminal) Ordinances in the Second Half of the Eighteenth Century  7.5Conclusion  8The Criminal Law of Evidence in the Franco-Batavian Period 1795–1813  8.1Introduction  8.2The Reform of the Criminal Law of Evidence in the National Legislation 1795–1810  8.3The Juridical Literature between 1795 and 1810  8.4The Incorporation of the Netherlands into the French Empire 1810–1813  8.5Conclusion  9The Criminal Law of Evidence in the United Kingdom of the Netherlands 1813–1830  9.1Introduction  9.2The Development of the Discussion in the Juridical Literature between 1813 and 1830  9.3The Attempts to Create New Substantive and Procedural Criminal Codes 1813–1830  9.4The Consequences of the Belgian Separation from the Netherlands  9.5Conclusion  10The Criminal Law of Evidence in the Netherlands between 1838 and 1870  10.1Introduction  10.2The Discussion on the Criminal Law of Evidence between 1838 and 1860  10.3The Discussion Regarding the Abolition of the Negative System of Legal Proofs in the 1860s  10.4Changes in the Criminal Law of Evidence after 1870  10.5Conclusion  11Conclusion  11.1Introduction  11.2The Theoretical Framework  11.3The Connection with the Criminal Justice System as a Whole  11.4A Comparison between the Netherlands, France and Germany  11.5The Developments in the Late Nineteenth and Twentieth Centuries  Bibliography  Index

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Book SynopsisIn 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.Table of ContentsAbbreviations List of Illustrations Tabula debitorum Introduction 1 Marriage Through the Ages  1.1 Marriage and Divorce in Judaism and Christianity  1.1.1 Marriage and Divorce in Judaism  1.1.2 Marriage and Divorce in Christianity  1.2 Laicization of Marriage Law in Austria, Prussia and France  1.2.1 Austria  1.2.2 Prussia  1.2.3 France  1.3 Changing Fortunes of Law in the Polish Territories in Late 18th and Early 19th Century  1.4 Abrogation of the Napoleonic Family Law in the Polish Territories 2 Courts and Officials Involved in Divorce Proceedings  2.1 Divorce Court  2.2 Prosecutor  2.3 Huissier  2.4 Clerk and Underclerk (pisarz and podpisarz)  2.5 Legal Position of the Parties  2.6 Legal Representatives  2.7 Civil Status Officials  2.7.1 Roman Catholic Parish Priests  2.7.2 Parish Leaders of Other Congregations  2.7.3 Lay Persons Responsible for the Comprehensive Maintenance of Civil Status Records  2.7.4 Lay Persons Recording Events Contrary to Canon Law 3 Course of Divorce Proceedings  3.1 Proceedings in Divorce Cases for a Determined Cause  3.1.1 Pre-Divorce Formalities (Attempt at Reconciliation)  3.1.2 Preparation of the Decision to Allow or Deny Hearing the Case  3.1.3 Default Divorce Proceedings  3.1.4 Provisional Measures  3.1.5 Proceedings after Allowing the Case to Be Heard  3.1.5.1 General Remarks on Evidentiary Proceedings  3.1.5.2 Documents  3.1.5.3 Witness Statements  3.1.5.4 Presumptions  3.1.5.5 Judicial Acknowledgement  3.1.5.6 Oaths  3.1.5.7 Other Evidence  3.1.6 Proceedings in Divorce Cases Initiated due to a Spouse’s Condemnation for a Felony  3.2 Proceedings in Divorce Cases by Mutual Consent  3.3 Steps Immediately Preceding the Delivery of Judgement  3.4 Judgements  3.5 Types of Definitive Judgements  3.5.1 Judgements Pronouncing Divorce  3.5.2 Dismissal of Petition  3.5.3 Judgements Prescribing a Probationary Period  3.6 Cases Ended with No Judgement  3.6.1 Expiry Caused by the Petitioner’s Failure to Pursue the Case (Cases with Unknown Outcome)  3.6.2 Discontinuance of Action  3.7 Appeal and Cassation Proceedings  3.7.1 Appeal Proceedings  3.7.2 Extraordinary Means of Challenging Judgements of Appellate Courts  3.8 Pronouncement of the Divorce Judgement by a Civil Status Registrar 4 Grounds for Divorce Judgements  4.1 Divorces due to Outrageous Conduct, Ill-Usage and Grievous Injuries  4.2 Divorces Pronounced due to Outrageous Conduct, Ill-Usage and Grievous Injuries following a Probationary Period  4.3 Pronouncement of Divorce on Grounds of Adultery  4.4 Divorce due to a Spouse’s Condemnation to an Infamous Punishment  4.5 Divorce due to Previous Separation  4.6 Comparison with France 5 Rulings on Subsidiary Matters  5.1 Ruling on Fault  5.2 Custody over Children  5.3 Property Issues  5.4 Alimony and Child Support  5.5 Punishment for Adultery  5.6 Costs of Proceedings 6 Divorce Statistics 7 Characteristics of the Divorcees  7.1 Initiators of Divorces  7.2 Age of the Divorcees  7.3 Duration of Marriages  7.4 Ability to Sign  7.5 Predicates  7.6 Profession  7.7 Religious Confessions  7.8 Place of Residence  7.9 Summary Conclusion Bibliography Index

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Book SynopsisCompetition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.Table of ContentsForeword Preface Acknowledgments List of Table List of Abbreviations 1 Introduction 1.1 The Global Water Crisis: Finite Supply, Growing Demand 1.2 The Looming Water Crisis in the Nile Basin 1.3 The Legal and Hydro-political Setting of the Nile Basin 1.4 Significance, Objective, and Organization of the Book Part 1 Reconstructing the Legal and Hydro-political History of the Nile Basin 2 The Politics of the Nile Basin: Water Imperialism, Hydro-political Cold War, and Hegemonic Dominance  Introduction 2.1 Pre-colonial Myths and Realities 2.2 The Nile in the Age of Colonialism: the Europeans Scramble for Nile, and the Tana Dam Concession 2.3 The Nile in the Age of Cold War: Hydro-political Rivalry and the Scramble for Dominance  Conclusion 3 The Status of Colonial Nile Waters Treaties under International Law  Introduction 3.1 The Colonial Nile Waters Treaties 3.2 Immediate Post-colonial Dispute over the Colonial Nile Waters Treaties 3.3 The Colonial Nile Waters Treaties and State Succession 3.4 Fundamental Change of Circumstances  Conclusion 4 Legal Arguments Based on the 1959 Agreement and Customary International Law  Introduction 4.1 The 1959 Agreement 4.2 Customary International Watercourses Law  Conclusion Part 2 Post-Cold War Attempts to Change or Maintain the Status Quo 5 Between Unilateralism and Cooperation: the Nile Basin in the Post-Cold War Era  Introduction 5.1 Bilateral Cooperative Initiatives 5.2 Multilateral Cooperative Initiatives 5.3 Back to Competition: Unilateralism as Post-Cold War Modus Operandi  Conclusion 6 The Cooperative Framework Agreement  Introduction 6.1 Drafting and Negotiations of the cfa: Sisyphean Endeavors? 6.2 Basic Principles of the Cooperative Framework Agreement 6.3 Hydro-political Implications  Conclusion Part 3 The Grand Ethiopian Renaissance Dam and the Current Dispute over the Existing Nile Water Agreements 7 The Grand Ethiopian Renaissance Dam and Declaration of Principles  Introduction 7.1 The Grand Ethiopian Renaissance Dam: the Beginning of De-Facto Change in the Status Quo? 7.2 The Declaration of Principles on gerd: a New Paradigm?  Conclusion 8 Sink or Swim: Unlocking the Grand Ethiopian Renaissance Dam Dispute  Introduction 8.1 First Filling and Annual Operation of the gerd 8.2 The gerd Washington Talks: Illuminating the Sticking Points 8.3 The Role of the United States in the gerd Talks under International Law 8.4 Post-Washington Negotiations 8.5 The Way Forward: towards Unlocking the gerd Dispute  Conclusion Part 4 Looking into the Future: towards Building a Flexible Legal and Institutional Framework in the Nile Basin 9 Governing the Nile under Climatic Uncertainty: the Need for Climate-Proofed Basin-wide Treaty  Introduction 9.1 Building Flexibility into Treaty Regimes 9.2 Adapting the Nile Basin to Climate Change: Analysis of Treaty Flexibility 9.3 The gerd Negotiations: towards a Flexible Tripartite Agreement? 9.4 The Way Forward: towards a Basin-wide Climate-Proofed Treaty  Conclusion 10 Overall Conclusion Bibliography Index

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Book SynopsisThis book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.Table of ContentsContents Preface Acknowledgements List of Figures 1 Introduction  1 The Consensus and Revisionist Views of German Freedom  2 This Book’s Contribution  3 Legal Operators  4 Significance  5 Context  6 Commercialization  7 Political Economy  8 Sources 2 The Core Stories and Ideas of German Freedom  1 Ancient Germanic Freedom  2 The Free German Empire  3 German Freedom 3 Idea-Generative Institutions  1 State Expansion  2 Courts  3 Supply, Demand, Population, and Commercialization  4 Universities and Law Faculties  5 Jurists  6 Books 4 Free Disposition of Estates  1 Chaos, Information Loss, and Self-Release  2 Missing Money and Missing Records  3 Tithe Conversion and Disposal  4 Methods of Self-Release: The Claim of Allodial Property  5 Models of Allod  6 Circumventing Requirements through Legal Fictions  7 Retraction Law  8 Accepting the Results of Free Activity after the War  9 The Princely Resolutions of 1655 5 Freedom from Extractions  1 Noble Trespassing and Evasions  2 Tax Registration, 1651–1654  3 The ‘Graying’ of the Clear Cadastral Picture  4 New Departures in the 1680s  5 The Presumption of Natural Freedom  6 The Regalianism of Christian Thomasius  7 Regalian Rights  8 Regalia as Imprescriptible  9 Too Machiavellian? 6 Free Use of Paper Money  1 Paper Money, Bills of Exchange, and Political Economic Ideas  2 Evolution of the Law of Exchange in Europe  3 The Political Economy of German States after 1648  4 Adoption of the Law of Exchange Throughout the Empire  5 Summary Procedure and Strict Liability (“Rigor”)  6 Regional Finance in the Seventeenth Century  7 New Directions in the Eighteenth Century  8 Variations on the Theme  9 Reconciling Conflicting Law, 1732–1749 7 Conclusion  1 Property Rights and Freedom in Early Modern Germany  2 Free Disposition of Estates  3 Freedom from Extractions  4 Freedom and the Use of Money  5 German Freedom  6 The Extension of Positive and Negative Civil Liberties  7 Cooperation, Competition, and Conflict  8 The One and the Many Glossary Bibliography Index

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisIn early modern Sweden, if a man and his deceased wife's sister were found guilty of engaging in sexual intercourse they would be sentenced to death by beheading. Today the same relationship is not even illegal. Covering the period 1680–1940, this book analyses both incest crimes and applications for dispensation to marry, revealing the norms underpinning Swedish society’s shifting attitudes to incestuous relations and comparing them with developments in other European countries. It demonstrates that, even though the debate on incest has been dominated by religious, moral and – in due course – medical notions, the values that actually determined the outcome of incest cases were frequently of quite a different character.An electronic edition of this book is available under a creative commons licence: manchesterhive.com/view/9789198469912/9789198469912.xmlTable of ContentsIntroduction1 Background and context2 Incest: a religious crime, 1680–17503 Incest: a moral crime, 1750–18404 Incest: a crime of violence, 1840–1940The phenomenon of incest in Sweden over 250 years: a summary discussionIndex

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