Legal history Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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Book Synopsis

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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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