Legal history Books

Book SynopsisThe first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession.Table of ContentsAcknowledgements; Introduction; Foundation and Continuity; 1. From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts; 2. English Looters and Scottish Lawyers: the ius commune and the College of Justice; 3. Ius Civile in Scotland ca. 1600; 4. The Law, the Advocates and the Universities in Late Sixteenth-Century Scotland; 5. Scottish Law, Scottish Lawyers and the Status of the Union; 6. Natural Law, National Laws, Parliaments and Multiple Monarchies: 1707 and Beyond; 7. Attitudes to Codification and the Scottish Science of Legislation, 1600-1830; Significance of Dutch Humanism; 8. Importing our Lawyers from Holland: Netherlands' Influences on Scots Law and Lawyers in the Eighteenth Century; 9. Three Unnoticed Scottish Editions of Pieter Burman's Antiquitatum Romanarum brevis description; 10. Legal Study in Utrecht in the late 1740s: The Legal Education of Sir David Dalrymple, Lord Hailes; Development of the Legal Profession; 11. The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates; 12. Advocates' Hats, Roman Law and Admission to the Bar, 1580-1812; 13. Alfenus Varus and the Faculty of Advocates: Roman Visions and the Manners that were Fit for Admission to the Bar in the Eighteenth Century; Blackstone, Feudalism and Institutional Writings; 14. Craig, Cujas, and the Definition of Feudum; Is a Feu a Usufruct?; 15. Blackstone, an English Institutist: Legal Literature and the Rise of the Nation State; 16. Professorial Classification of English Common Law; 17. Blackstone, Kahn Freund, and the Contract of Employment; 18. The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish; Concept of Institutional Writing.

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Book SynopsisEnlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law.

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Book Synopsis18th-century Edinburgh owed much to the men who worked in the Court of Session as members of the unique institution known as the College of Justice. This study investigates the important role of College members in the cultural and economic flowering of Scotland as a whole, and Edinburgh in particular.

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Book SynopsisA study of legislative developments in areas of law and policy devolved to the Scottish Parliament.

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Book SynopsisThe rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments - but the literature on constitutional design in Scotland is currently sparse. Drawing on the fields of constitutional theory, comparative constitutional law and Scottish studies, this volume examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP''s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

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Book SynopsisJean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and Dworkin's legal theories, narrative, bioethics, and promise enforcement.Table of ContentsContents: The General Will and Social Contract Theory: What is the general will?, Gopal Sreenivasan (2000); Universal and general wills: Hegel and Rousseau, Arthur Ripstein; Forced to be free, John Hope Mason. Democratic Rights: Reflections on Rousseau: autonomy and democracy, Joshua Cohen; Rousseau on proportional majority rule, Paul Weirach; Rousseau on agenda-setting and majority rule, Ethan Putterman; 'To persuade without convincing': the language of Rousseau's legislator, Christopher Kelly; Rousseau for (and against) censorship, Christopher Kelly. Fundamental Law: Rousseau on fundamental law, Melissa Schwartzberg. Natural Law and Natural Rights: Rousseau's theory of natural law as conditional, John B. Noone Jr; Rousseau's moral realism: replacing natural law with the general will, Arthur M. Melzer; Rousseau's Pufendorf: natural law and the foundations of commercial society, Robert Wokler. Rousseau and Dworkin: Rousseau in Dworkin: judicial rulings as expressions of the general will, Richard Nordahl. Narratives and the Law: Narratives of hierarchy: Loving v. Virginia and the literary imagination, Martha Nussbaum. Bioethics: The reemergence of enlightenment ideas in the 1994 French bioethics debates, Nan T. Ball. Promise Enforcement: Promise enforcement in public housing: lessons from Rousseau and Hundertwasser, Kirsten D.A. Carpenter; Name index.

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Book Synopsis''Pioneers'' seems fitting to Professor Gouron to describe the jurists (civilists) of the 12th-century Latin West, that were the bearers of a new science, born in Bologna about 1100. Away from Bologna these pioneers were isolated, scattered from Scotland to Styria or Catalonia, and no more than one hundred can now be identified. These people, and their manuscripts and the relationships between them, are the subject of this collection, the fifth in the Variorum series by André Gouron, himself to be regarded as a pioneer in this field of research. This volume brings together twenty-two studies which have appeared since 1997 in widely scattered publications, often hard to access, along with additional notes and indexes.Trade Review’... on ne peut que recommander une lecture attentive.’ Revue de droit canoniqueTable of ContentsContents: Avant-propos. Traités, Auteurs, Écoles: Le manuscript de Prague, Metr. Knih. J. 74: à la recherche du plus ancient décrétiste à l'Ouest des Alpes; Le traité 'De actionum varietate', la version du manuscrit de Barcelone (A.C.A. San Cugat 55) et la 'Glossa Coloniensis' aux institutes (manuscript de Cologne, H.A. W328); Sur la paternité de la 'Summa Vindocinensis' (MS. Vendôme 223); Sur les gloses siglées d et p dans les manuscrits du XIIe siècle; Sur la compilation des Usages de Barcelone au douzième siècle; Une école de canonistes anglais à Paris: maître Walter et ses disciples (vers 1170); L'auteur du 'Brachylogus': un compagnon de Thomas Becket en exil?; Alexandre de Saint-Gilles et la Lectura Codicis d'Azon; Les 'Quaestiones de juris subtilitatibus': une Å“uvre du maître parisien Albéric; Un grand ancêtre anglo-normand: l''Epitome exactis regibus'; L'auteur du Codi; Un vocabulaire juridique anglais (manuscrit Vatic. Regin. lat. 435); Qui a écrit l'ordo 'Olim edebatur'?; Un traité juridique d'origine irlandaise: le 'Livre de Florence'. Thèmes, Théories, Controverses: Le rôle de l'avocat dans la doctrine romaniste du douzième siècle; L'apport des juristes franÇais à l'essor du droit pénal savant; Dénonciation de nouvel oeuvre et pratique méridionale; La notion de privilège dans la doctrine juridique du douzième siècle; Cessante causa, cessat effectus: à la naissance de l'adage; 'Penuria advocatorum'; 'Lo comun de la vila'; L'irruption des droits savants dans le royaume de Jérusalem. Addenda et corrigenda; Indexes.

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Book SynopsisThough it may not be immediately obvious why articles on topics from such distantly removed areas of western Europe - the Iberian peninsula and southern Italy - should appear in the same volume (the fourth collection by Roger Reynolds), the materials covered illustrate that they are indeed closely related, both in their differences and their similarities. Both peninsulas had their own indigenous liturgies and music (Old Spanish and Beneventan), distinctive written scripts (Visigothic and Beneventan), and legal and theological traditions, and repeatedly these worked their influence on other areas of western Europe. Although there were frequent attempts by the papacy and secular rulers from the 9th to the 13th century to suppress these distinctive traditions in both areas, elements of these nonetheless survived well into the 16th century and beyond. Despite the differences in these traditions, the articles in this volume also demonstrate through manuscript evidence the continued exchange of the distinctive customs between the Iberian peninsula and southern Italian cultures from the very early Middle Ages through the 12th century.Table of ContentsContents: Preface; Part I Visigothica: The 'Isidorian' Epistula ad Massonam on lapsed clerics: notes on its early manuscript and textual transmission; The Visigothic liturgy in the realm of Charlemagne; Baptismal rite and Paschal vigil in transition in medieval Spain: a new text in Visigothic script; Visigothic-script remains of a Pandect Bible and the Collectio Canonum Hispana in Lucca; A Visigothic-script folio of a Carolingian collection of canon law; Utrecht fragments in Visigothic script; An early rule for Canons Regular from Santa Maria de l'Estany. Part II Beneventana: Monumenta liturgica Beneventana: new directions; The liturgy in Rome in the 11th century: past research and future opportunities; A homily in Beneventan script on the sacred orders, canonical hours, and clerical vestments (Vat. Borghese 186); Corpus Christi in Agnone; Canonistica Beneventana; The transmission of the Collectio Canonum Hibernensis in Italy from the 10th to the 12th century; A monastic florilegium from the Collectio Canonum Hibernensis at Montecassino; Further evidence for the influence of the Hibernensis in Southern Italy; The South Italian Collection in 5 Books and its derivatives: a South Italian appendix to the Collection in 74 Titles; The South Italian Collection in 5 Books and its derivatives: Maastricht excerpta; Gratian's Decretum and the Code of Justinian in Beneventan script; Addenda; Indexes.

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Book SynopsisThe year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments.Trade Review“Interested outsiders have often reflected on why South Africa’s complex land reform programme failed to meet the high expectations of the early 1990s. Landmarked provides by far and away the most insightful explanation for this. It is a profound, subtle and nuanced study—and because of that might well irritate those, on both left and right, who prefer to remain in their blinkered comfort zones.” * African Affairs *“(Landmarked) juxtaposes and interrelates the three elements and perspectives: emotive personal memories and indelible images of dispossession; a planner’s account of the mechanisms and frustrations of restitution; and the evaluation of the record.” * African Studies Review *“This is a highly readable and deeply reflective personal assessment.…Landmarked is most certainly not a dry, academic text and this reviewer would recommend this book to anyone who wants to approach the study of land restitution without any prior, detailed knowledge of South Africa’s recent history or the politics and economics of loss and restoration of land.” * Journal of Southern African History *“This well-written text vividly exposes the tragedy that was South African apartheid and so, too, the resilience of its victims. Summing Up: Highly recommended.” * Choice *“An analytically solid but also deeply personal account of the process of land reform since 1994.” * International Journal of African Historical Studies *“Landmarked is a wonderful book because it reflects so well and so strongly all these aspects of her life and work in South Africa. Her practical experience of the problems about which she writes is unrivalled. Her analysis is incisive and extremely well informed. Her writing style is humanely engaged in the best possible sense.”

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Book SynopsisStacey Hynd is Senior Lecturer in African History at the University of Exeter, UK. Her publications include articles in Journal of African History, International Journal of Southern African Studies, Journal of Eastern African Studies, Journal of West African History, amongst others.Trade ReviewClear, thorough and convincing scholarship. * The Africa Report *Table of ContentsIntroduction - Capital Punishment and Colonial Rule: Race, Violence and ‘Civilization’ in British Africa 1. ‘The Extreme Penalty of the Law’: Law, Courts and Colonial Criminal Justice 2. The ‘Ultimate Deterrent’ in a Colonial Context? Contestations in Colonial Penal Regimes 3. To Hang or Not to Hang? Capital Sentencing, Constructions of Deviance, and the Prerogative of Mercy 4. Cultural Defence Narratives, African Agency and the Landscape of Mercy 5. Murder and the Maintenance of ‘Law and Order’: Colonial Violence and Capital Punishment 6. Shocking Crimes and Scandalous Punishments: Imperial Politics, Humanitarian Sentiment and the Death Penalty 7. ‘In a Humane and Decorous Manner’: Rituals of Execution from Public Executions to Death Row Conclusion Bibliography Index

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Book SynopsisHow should we talk about the law in a period so remote from our own and covering such a huge span of time and space? From the Code of Hammurabi (ca. 1750 BCE) to Justinian's Corpus Iuris Civilis (529-534 CE), A Cultural History of Law in Antiquity draws upon legal texts and non-textual forms (such as vase-painting, sculpture, and architecture) to uncover the diverse and rich legal traditions of societies ranging from the Ancient Near Eastern cities of Assyria and Babylon in Mesopotamia to the Ancient Israelites, and from Ancient Greece to Rome of the Archaic and Classical Periods. With a wealth of textual and visual sources, A Cultural History of Law in Antiquity presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.Table of ContentsList of Illustrations Notes on Contributors Series Preface, Gary Watt, University of Warwick, UK Introduction: Writing a Cultural History of Law in Antiquity, Julen Etxabe, University of Helsinki, Finland 1. Justice, Kathryn Slanski, Yale University, USA 2. Constitution, Jill Frank, Cornell University, USA 3. Codes, Barry Wimpfheimer, Northwestern University, USA 4. Agreements, Roberto Fiori, University of Rome 'Tor Vergata', Italy 5. Arguments, David Mirhady, Simon Fraser University, Canada 6. Property and Possession, Paul J. du Plessis, University of Edinburgh, UK 7. Wrongs, Jacob Giltaij, University of Helsinki, Finland 8. Legal Profession, Kaius Tuori, University of Helsinki, Finland Notes Bibliography Index

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Book SynopsisOpened up by the revival of Classical thought but driven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period onTable of ContentsList of Illustrations Notes on Contributors Series Preface, Gary Watt, University of Warwick, UK Introduction: The Great Dialogue, Peter Goodrich, Cardozo School of Law, USA 1. Justice, Valérie Hayaert, Institut des Hautes Etudes sur la Justice, France 2. Constitution, Susan Byrne, University of Nevada, USA 3. Codes: Redressing London - sumptuary laws and the control of clothing in the early modern city, Sophie Pitman, University of Cambridge, UK 4. Agreements, Laurent de Sutter, Vrije Universiteit, Belgium 5. Arguments: The Visual Mediation of Arguments in the Renaissance, Piyel Haldar, Birkbeck College, University of London, UK 6. Property and Possession, Thanos Zartaloudis, University of Kent, UK and Richard Braude, University of Cambridge, UK 7. Wrongs, Chloë Kennedy, University of Edinburgh, UK and Lindsay Farmer, University of Glasgow, UK 8. Legal Profession: Tudor laws and lawyers in an age of litigation, Dominique Goy-Blanquet, University of Picardie, France Notes Bibliography Index

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Book SynopsisThe period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain''s laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the long 18th century (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, cTable of ContentsList of Illustrations Notes on Contributors Series Preface, Gary Watt, University of Warwick, UK Introduction, John Snape, University of Warwick, UK and Rebecca Probert, University of Exeter, UK 1. Justice: Popular Ideas and Actions in the Long Eighteenth Century, Steve Banks, University of Reading, UK 2. Constitution: Handel’s Solomon and the Constitution at Covent Garden, John Snape, University of Warwick, UK 3. Codes, Rebecca Probert, University of Exeter, UK 4. Agreements, Timothy J. Dodsworth, University of Exeter, UK 5. Arguments: Reputation and Character in Eighteenth-Century Trials, Dana Rabin, University of Illinois, Urbana-Champaign, USA 6. Property and Possession, Julia Rudolph, North Carolina State University, USA 7. Wrongs, Ruth Paley, UK 8. Legal Profession in the Popular Press, James Oldham, Georgetown Law School, USA Notes Bibliography Index

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Book SynopsisThe Age of Reform the hundred years from 1820 to 1920 - has become synonymous with innovation and change but this period was also in many ways a deeply conservative and cautious one. With reform came reaction and revolution and this was as true of the law as it was of literature, art and technology. The age of Great Exhibitions and Great Reform Acts was also the age of newly systemized police forces, courts and prisons. A Cultural History of Law in the Age of Reform presents an overview of the period with a focus on human stories located in the crush between legal formality and social reform: the newly uniformed police, criminal mugshots, judge and jury, the shame of child labor, and the need for neighborliness in the crowded urban and increasingly industrial landscapes of Europe and the United States. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Reform presents essays that examine key cultural case studies of the period oTable of ContentsList of Illustrations Notes on Contributors Series Preface, Gary Watt, University of Warwick, UK Introduction: Revolution, Reform and Reaction, Ian Ward, Newcastle University, UK 1. Justice: Visual Representations of the Subjects of the Law, Linda Mulcahy, London School of Economics, UK 2. Constitution: Utopia, Limited or a Limited Utopia? John Snape, University of Warwick, UK 3. Codes: Police Uniform and Reform of the Image of Law Enforcement, Jane Tynan, Central St Martins, University of the Arts, UK 4. Agreements: The Social Contract and Child Labor in Elizabeth Barrett Browning’s “The Cry of the Children”, Nancy E. Johnson, SUNY at New Paltz, USA 5. Arguments: Jury Lawfinding and Constitutional Review in 1840s New Hampshire, K. Crosby, Newcastle University, UK 6. Property and Possession: New Languages of Property, Kieran Dolin, University of Western Australia, Australia 7. Wrongs: Negligence, Neighbourliness, and the Duty of Care in Nineteenth-Century Narrative, Jan-Melissa Schramm, University of Cambridge, UK 8. Legal Profession: Dickens, Daumier and The Man of Law, Gary Watt, University of Warwick, UK Notes Bibliography Index

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Book SynopsisThis book brings together experts in Norwegian and Scottish legal, economic and political history to explore significant points of contact and similarities in the ways in which the laws of Scotland and Norway developed. It breaks new ground, considering Scots law in terms of its historical interactions and similarities with another national legal system, rather than in terms of its place at the intersection between the common law and the civilian traditions. This definite reference work will form the basis of future studies in comparative legal history, and comparative law more generally, in relation to Scotland and Norway.

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Book SynopsisGeorge Craig was Sir Walter Scott's local banker, a writer, insurance agent, election agent and baron bailie of Galashiels. Based on thousands of recently discovered letters, this is the first study of a provincial nineteenth-century Scots lawyer and the community he served.

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Book SynopsisWhat can legal theorists learn from legal historians? What guidance can historians take from theorists? What theoretical questions underlie legal historical investigations? These are the questions explored and answered by the articles selected in this volume. Taken together, these papers show that the future of historical jurisprudence is a bright one. This is a jurisprudence that can yield insights about how to conceptualise legal change, how to give voice to those operating outside of legal officialdom, and how to understand the relationship between law and politics. The papers selected range from the challenge to legal positivism from the perspective of the history of the common law, to the latest methodological debates in socio-historical jurisprudence. The volume contains a substantive introduction and a detailed bibliography.Table of ContentsContents: Introduction. Part I Challenging the Thought of the Present: The common law and legal theory, A.W.B. Simpson; Why is Anglo-American jurisprudence unhistorical?; Morton J. Horwitz; Classification of private law in relation to historical evidence: description, prescription, and conceptual analysis, Stephen Waddams; Interpretive legal theory and the academic lawyer, Allan Beever and Charles Rickett. Part II Reconstructing the Thought of the Past: What is legal history a history of?, David Ibbetson; Reason in the development of the common law, S.F.C. Milsom; Common law reasoning and the foundations of modern private law, Michael Lobban; The common-law status of colonies and Aboriginal ’rights’: how lawyers and historians treat the past, P.G. McHugh; Reflections on ’doing’ legal history, John Baker. Part III The Promise of History for Jurisprudence: Toward an integrative jurisprudence: politics, morality, history, Harold J. Berman; Historical jurisprudence, Geoffrey MacCormack; The tasks of historical jurisprudence, Peter Stein; Science, law and history: historical jurisprudence and modern legal theory, Geoffrey Samuel; Critical legal histories, Robert W. Gordon; After critical legal history: scope, scale, structure, Christopher Tomlins. Part IV Socio-Historical Jurisprudence: Introduction: J. Willard Hurst and the common law tradition in American legal historiography, Robert W. Gordon; Theory and practice in law and history: a prologue to the study of the relationship between law and economy from a socio-historical perspective, David Sugarman; Pigs and positivism, Hendrik Hartog; Law ’in’ and ’as’ history: the common law in the American polity, 1790-1900, Kunal M. Parker; How autonomous is law?, Christopher Tomlins. Name index.

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Book SynopsisThis book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century.

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Book SynopsisPeter Goodrich looks beyond Judge Schreber's mental health to evaluate his jurisprudential theory. Goodrich analyses Schreber's Memoirs, interpreters and intellectual context to show how Schreber challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.

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Book SynopsisThis volume investigates the peculiarly British fixation with the the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property, against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.Table of ContentsPreface, Paul J. du Plessis; Matters of Context; 1.The Early Historiography of the Lex Aquilia in Britain: Introducing Students to the Digest, John W. Cairns; 2. William Warwick Buckland on the Lex Aquilia, David Ibbetson; 3. `This Concern with Pattern’: F.H. Lawson’s Negligence in the Civil Law, Paul Mitchell; 4. Student’s Digest: 9.2 in Oxford in the Twentieth Century, Benjamin Spagnolo; Case Studies; 5. Revisiting D.9.2.23.1, Joe Sampson; 6. Reflections on the Quantification of Damnum, Alberto Lorusso; 7. Causation and Remoteness: British Steps on a Roman Path, David Johnston; 8. Roman and Civil Law Reflections on the Meaning of Iniuria in Damnum Iniuria Datum, Giuseppe Valditara; 9. Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the `Neighbour’ Principle, Robin Evans-Jones and Helen Scott; 10. Conclusions, Paul J. du Plessis.

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Book SynopsisBy drawing on previously unseen primary source material and exhaustive archival research, this book reveals the largely untold and fascinating narrative of the development of the The Freedom of Information Act, and demonstrates how this single policy issue transformed presidential behaviour.

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Book SynopsisA reflection on interdisciplinarity in legal studies against the background of the dispute between the natural sciences and the humanities

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Book SynopsisKenneth Norrie traces the assumptions that underlay child protection law at particular periods of time and identifies the pressures for change giving a clearer understanding of how and why the contemporary law is designed and operates as it does.

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Book SynopsisThis volume collects and translates 10 essays by renowned Roman and legal history specialist Yan Thomas (1943 2008), the most renowned French jurist of the 20th century.Trade Review"Yan Thomas was the most creative jurist, and the finest historian of Roman law, in his generation. No one did so much to study the language and reveal the thought of the Roman jurists. To have access to his work in English is an invaluable contribution." -Clifford Ando, University of Chicago

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Book SynopsisThrough interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers how the cultural narrative affected the development of the law itself in the 18th and 19th centuries in three case studies: adultery, child criminality and rape testimony.

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Book SynopsisFocusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.

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Book SynopsisFocusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.Trade Review"The volume shows clearly the importance for the legal historians of Early Modern Europe of understanding the role of superior courts in the development of law in the various jurisdictions but also suggests there is still much more work to be done." -Paul Brand

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Book SynopsisThis book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century.

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Book SynopsisThis book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved 4 judicial institutions: the cadi, the court of complaint, the police/shurta and the Islamized market law.

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Book SynopsisThis book tells the untold story of the Married Women’s Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women’s Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members’ friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. Winner of the SLSA Socio-Legal Theory and History Book Prize 2023. To listen to podcast episodes about the Married Women’s Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.Trade ReviewI believe this book to be of central importance to scholars studying the history of women and feminist movements, and family law in the twentieth century. It is so rare for a legal history book to truly convey how and why the law developed in the way it did, and the significance of these developments to the people subject to the legislation. In Quiet Revolutionaries, Sharon Thompson has raised the bar for those of us working in the field. -- Jennifer Aston * Feminist Legal Studies *Sharon Thompson is to be thanked and congratulated for giving us this detailed and perceptive account of the activities of a previously little-known group of quiet but determined activists … A treasure trove, offering newly accessible detail and contributing across so many areas to the understanding of the process of law reform and to the history of feminist thought and strategies for reformers. -- Mavis Maclean * Journal of Law and Society *Quiet Revolutionaries is a fantastic book that should be read by legal historians, practitioners and anyone interested in how legal change is achieved … Drawing upon rich insights from archival and empirical research, this book reveals that ‘the MWA’s story is a microcosm of feminist legal activism’ … Quiet Revolutionaries provides a new way of thinking about that activism and how ‘success’ might be measured for reform projects in family law today. -- Andy Hayward * Financial Remedies Journal *The book is beautifully written, providing the reader with a real sense of what it was like for women (and men) in previous decades, for Thompson has done her research in archives and from interviews and knows the period thoroughly. What it also offers is a properly accurate and nuanced examination of the law and the proposed reforms that one could only get from an experienced teacher of both family law and property law. Quiet Revolutionaries takes feminist legal history – and legal history generally – to a new level. -- Rosemary Auchmuty * Frontiers of Socio-Legal Studies *The influence and importance of the Married Women’s Association and its visionary leading lights ... ought to be much better known, not only among family lawyers but also among everyone who is interested in the movement for women’s equality. Sharon Thompson has enriched our knowledge and understanding by shining a light upon these quiet revolutionaries. * Brenda Hale, Baroness Hale of Richmond, former President of the Supreme Court of the UK [from the foreword] *Quiet Revolutionaries brilliantly illustrates the value of taking a feminist approach to legal history. Meticulously researched and engaging, it shines a light on an overlooked but vitally important campaign for substantive equality within marriage and on the challenges of reforming the law. * Rebecca Probert, Professor of Law, University of Exeter, UK *Economic dependence in marriage was an abiding concern for twentieth-century feminists, but until now we have known too little about how activists used the law as a tool for change. Deeply researched and highly readable, Sharon Thompson’s book recovers the dogged campaigning of the Married Women’s Association, revealing its steely efforts to reshape norms about gender, power and the value of women’s labour in the family. * Helen McCarthy, Professor of Modern and Contemporary British History, University of Cambridge, UK *Table of ContentsForeword by Brenda Hale, Baroness Hale of Richmond Acknowledgments Timeline Archive References List of Abbreviations Prologue: After the Vote 1. Quiet Revolutionaries 2. Housewives: ‘That Vast Army of the Great Unpaid’ Interlude: Juanita Frances 3. A Composite Portrait 4. A New Marriage Law 5. Mrs Blackwell Interlude: A Note About Lord Denning 6. The Split Interlude: Reform Movements Are Like Builders 7. One Step at a Time 8. Resistance as a Reform Strategy Interlude: Poor Reggie 9. Two Steps Forward, One Step Back 10. A Subterranean Influence Afterword Bibliography Index

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Book SynopsisHeroin is an illustrated history of Canadian heroin regulation over two centuries. Susan Boyd points to our failure to address the overdose death epidemic caused by criminalizing drug users and to the decades of resistance to harm-reduction policies. Heroin, discovered in 1898, was heralded as an important medicine and successfully marketed as a pain reliever and cough suppressant. Until the early 1950s, heroin was prescribed for therapeutic use in Canada. Yet, illegal heroin use became the focus of drug prohibition advocates and law enforcement, who painted it as highly addictive and destructive. Systemic racism was the impetus for our first anti-heroin laws; the race, gender and class of users influenced drug control, which, by the 1930s, became the focus of law enforcement. Flawed ideas about heroin and people who use the drug have shaped drug law and policy for decades. This book is informed by documentary evidence and the experiences of people who use/used heroin, drug user unions and harm-reduction advocates. These sources highlight the structural violence of drug policy that uses prohibition and criminalization as the main response to drug use.

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Book SynopsisIn this authoritative, accessible study, historian Suzanne Schneider examines the politics and ideology of the Islamic State (better known as ISIS). Schneider argues that today's jihad is not the residue from a less enlightened time, nor does it have much in common with its classical or medieval form, but it does bear a striking resemblance to the reactionary political formations and acts of spectacular violence that are upending life in Western democracies. From authoritarian populism to mass shootings, xenophobic nationalism, and the allure of conspiratorial thinking, Schneider argues that modern jihad is not the antithesis of neoliberalism, but rather a dark reflection of its inner logic.The Apocalypse and the End of History is written with the sensibility of a political theorist and based on extensive research into a wide range of sources, from Islamic jurisprudence to popular recruitment videos, contemporary apocalyptic literature and the Islamic State's Arabic-language publications. The book explores modern jihad as an image of a potential dark future already heralded by neoliberal modes of life. Surveying ideas of the state, violence, identity, and political community, Schneider argues that modern jihad and neoliberalism are two versions of a politics of failure: the inability to imagine a better life here on earth.Trade ReviewSchneider demolishes the myth that modern jihadi violence is anything other than a product of modernity. -- Rashid KhalidiBy attributing Islamic militancy neither to immediately political nor distantly theological causes, Suzanne Schneider's wonderfully lucid and convincing argument allows us to see it in anew as something both familiar and frightening in its ubiquity. The links she draws between the violent, apocalyptic, and nihilistic character of ISIS and the colonial origins of neoliberal practices make for a wholly original approach to the subject. -- Faisal Devji, author of Muslim ZionIn her revelatory new book, Suzanne Schneider dismantles all-too-common invocations of jihad as a timeless, essentialized force that defines a monolithic and static version of Islam. Instead, she situates the concept firmly within the context of contemporary geopolitical, economic, and ideological trends. Deftly juxtaposing classical Islamic jurisprudence alongside social media propaganda videos, the polemics of Western politicians alongside the narratives of individual jihadis, the PowerPoint presentations of private military corporations alongside glossy org charts produced by extremist groups, and more, Schneider brilliantly challenges prevailing assumptions about sovereignty, the nation state, the monopoly on violence, and more. Through her erudite analysis, entities like ISIS emerge not as atavistic reincarnations of medieval brutality, but rather as responses to political and economic conditions that implicate and even darkly mirror developments in the imperial core. The result is both a clarifying vision of our contemporary moment and a generative stock of provocative insights into possible futures for the Middle East, the nations that define themselves as making up "the West," and the broader, interconnected world that contains and belies easy distinctions between the two. -- Patrick Blanchfield, author of Gunpower[Schneider's] discussion of the "jihadists," their motivations and rationales most certainly need to be heard by those who would send their military to foreign lands. -- Ron Jacobs * CounterPunch *

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Book SynopsisThese 14 legal cases from the Scottish courts before 1900 all feature fascinating facts, events and personalities. Giving you more than a dry account of the cases, it tells the stories of the characters involved, setting them in the historically important context of their time.

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Book SynopsisHow will Ireland redress its legacy of institutional abuse? What constitutes justice? What is Transitional Justice? How might democracy evolve if survivors' experiences and expertise were allowed to lead the response to a century of gender- and family separation-based abuses? REDRESS: Ireland's Institutions and Transitional Justice seeks the answers. This collection explores the ways in which Ireland - North and South - treats those who suffered in Magdalene Laundries, Mother and Baby Homes, County Homes, industrial and reformatory schools, and in a closed and secretive adoption system, over the last 100 years. The essays focus on the structures which perpetuated widespread and systematic abuses in the past and consider how political arrangements continue to exert power over survivors, adopted people and generations of relatives, as well as controlling the remains and memorialisation of the dead. As we mark the centenary of both jurisdictions on the island of Ireland, REDRESS: Ireland's Institutions and Transitional Justice forensically examines the two states' so-called 'redress' schemes and investigations, and the statements of apology that accompanied them. With diverse and interdisciplinary perspectives, this collection considers how a Transitional Justice-based, survivor-centred, approach might assist those personally affected, policy makers, the public, and academics to evaluate the complex ways in which both the Republic and Northern Ireland (and other states in a comparative context) have responded to their histories of institutionalisation and family separation. Importantly, the essays collected in REDRESS: Ireland's Institutions and Transitional Justice seek to offer avenues by which to redress this legacy of continuing harms.Trade Review'This truly outstanding academic endeavour convincingly argues for its timeliness. It illustrates continuity of institutional abuse in Ireland, as the state and religious congregations resist accepting responsibility for their roles.' - Review of Irish Studies in Europe 6.1; 'Most chapters are academic in character, but the reader will also find poetry, photography, creative writing, songs, journalism and survivors' testimonies in this profoundly interdisciplinary volume.' - Historical Dialogues, Justice, And Memory Network, April 2023.; 'The collection snaps our mind's eye from the past and handwringing over what we did or did not know, could or should have done differently. These problems confront us with just as much urgency today.' - Critical Social Policy, March 2023.; 'The contributors to this volume offer a different perspective, one that draws on the pain and truth-telling of survivors themselves.' - James M Smith, The Irish Times, June 2022.; 'My mother was given a half hour's notice to get me ready to have me taken from her.' - The Journal, June 2022.; 'Redress should be read by anyone who cares about the vulnerable, & those who can influence how they are treated today.' - Tina Neylon, The Irish Examiner, October 2022.; 'It is a brave, creative, radical and unflinching collection' - Lindsey Earner-Byrne, The Sunday Independent, August 2022.; 'This is a compelling collection of essays, testimonies, analysis & interrogation. From the loss & denial of identity of the survivor, to the empty rhetorical gestures of state & church, to the closure of access to truth' - Christopher Stanley, The Village, August 2022.; 'It is a brave, creative, radical and unflinching collection, rooted in the concept of transitional justice' - ACIS, August 2022.; 'There isn't a book long enough to contain the stories of the suffering endured by all mothers and their children over the last century, but this one at least puts their experiences to the fore.' - Clodagh Finn, Irish Examiner, June 2022.; 'An Ongoing Injustice: State Responses to "Historical" Abuses in Ireland' - Maeve O'Rourke, The Irish Story, July 2022.; 'Lawyer calls for full baby homes inquiry instead of insincere remorse for survivors' - Nicola Byrne, Irish Mail on Sunday, June 2022.; 'The collection snaps our mind's eye from the past and handwringing over what we did or did not know, could or should have done differently. These problems confront us with just as much urgency today. So, what is it we are going to do now? - Louise Brangan, Critical Social Policy, March 2023.

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Book SynopsisArbitration and Mediation in Nineteenth-Century England rounds off Derek Roebuck's series on the history of English Arbitration and is written by his collaborators on English Arbitration and Mediation in the Long Eighteenth Century. They show that arbitration remained a vital institution in nineteenth-century England.

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Book SynopsisWhat should be done about cultural property confiscated in the Soviet Occupation Zone and the GDR? This legal appraisal commissioned by the Deutsches Zentrum Kulturgutverluste (German Lost Art Foundation) enables public institutions and their funding providers to assess the legal position of collection items seized in the Soviet Occupation Zone and the GDR, and identifies legal options for action. Thomas Finkenauer and Jan Thiessen present a compendium classifying 13 case groups along with the historical circumstances of their confiscation and the legal consequences. The report also serves provenance research through this overview, which has not been available in such a form before. First legal compendium on the confiscation of cultural property in the Soviet Occupation Zone and the GDR Legal analysis and regulatory options for action Reference work for provenance research

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Book SynopsisDas Handbuch des Römischen Privatrechts gilt dem römischen Privat- und Zivilprozessrecht von den ältesten römischen Rechtsquellen bis zur Zeit Justinians. Erstmals seit fünfzig Jahren erfolgt eine umfassende Darstellung auf der Höhe des aktuellen Forschungsstandes. Das Werk bietet sachkundige Orientierung angesichts der Vielzahl der Forschungsgegenstände und der stetig reicher werdenden Sekundärliteratur. Es dient auch Althistorikern, Klassischen Philologen, anderen Geisteswissenschaftlern und Vertretern des geltenden Rechts als Nachschlagewerk und erhebt den Anspruch, ein Bezugspunkt der internationalen römisch-rechtlichen Forschung zu sein. Der Schwerpunkt der Darstellung liegt auf der Diskussion der spätrepublikanischen und kaiserzeitlichen römischen Jurisprudenz, wobei eine intensive Bezugnahme auf den Prozess erfolgt. Die juristische Papyrologie und Epigraphik sind ebenso berücksichtigt wie die provinziale Rechtspraxis.Das Handbuch erscheint in 2 Bänden und wird nur geschlossen abgegeben.

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Book SynopsisErna Scheffler war nicht nur eine Ausnahmejuristin, die von 1951 bis 1963 als erste Richterin am Bundesverfassungsgericht an maßgeblicher Stelle die Rechtsentwicklung der jungen Bundesrepublik mitgestaltete, sondern auch eine der einflussreichsten Kämpferinnen für die Gleichberechtigung von Frauen im 20. Jahrhundert. In ihrer Monographie zeichnet Marike Hansen den eindrucksvollen Lebensweg dieser - bis heute auch unter Juristen wenig bekannten - Persönlichkeit im Kontext der Entwicklung der Frauenrechte in Deutschland nach. Sie zeigt, dass nicht zuletzt die zahlreichen Beschränkungen und Diskriminierungen, denen sich Erna Scheffler im Laufe ihres eigenen Werdeganges ausgesetzt sah, diese zu ihrem nachhaltigen Kampf für Geschlechtergerechtigkeit motivierten. Als Bundesverfassungsrichterin der ersten Stunde war sie schließlich an wichtigen Entscheidungen des Bundesverfassungsgerichts zur Frage der Gleichberechtigung von Mann und Frau beteiligt und konnte so entscheidende Impulse für die Durchsetzung der Frauenrechte unter dem Grundgesetz setzen.

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