Legal history Books
Cambridge University Press Income Tax in Common Law Jurisdictions
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£128.25
Cambridge University Press Law and Legal Practice in Egypt from Alexander to the Arab Conquest A Selection of Papyrological Sources in Translation with Introductions and Commentary
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£133.95
Cambridge University Press The English Historical Constitution Continuity Change and European Effects
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£90.70
Cambridge University Press American Sovereigns
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£70.30
Cambridge University Press The Classical Foundations of the American Constitution
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£104.50
Cambridge University Press AngloAmerican Corporate Taxation
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£66.49
Cambridge University Press Custom as a Source of Law
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£62.70
Cambridge University Press The Legacies of Law
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£67.45
Cambridge University Press The Victorian Taxpayer and the Law A Study in Constitutional Conflict Cambridge Tax Law Series
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£99.75
Cambridge University Press Empires of Complaints
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£71.25
Cambridge University Press The Science of Proof
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£80.75
Cambridge University Press Hans Kelsen on Constitutional Democracy
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£103.50
Cambridge University Press Fatwa and the Making and Renewal of Islamic Law
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£80.75
Cambridge University Press Justice After Mao
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£95.00
Cambridge University Press Death in Old Mexico
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£22.99
Cambridge University Press Death in Old Mexico
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£66.50
Cambridge University Press Navigating Local Transitional Justice
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£80.75
Cambridge University Press Law and Religion in Colonial America
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£45.59
Cambridge University Press Lordship State Formation and Local Authority in Late Medieval and Early Modern England
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£80.75
Cambridge University Press Monitoring American Federalism
Book SynopsisMonitoring American Federalism examines some of the nation''s most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution''s ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.Trade Review'Fritz's meticulously researched and timely book reframes our understanding of interposition and shows that it was distinct in important ways from nullification. This book fills a gap in our knowledge of the states' role in early national federalism, placing the founders' ideas in context and showing how those ideas were reshaped in the early nineteenth century.' Alison L. LaCroix, University of Chicago, author of The Interbellum Constitution: Union, Commerce and Slavery in the Age of Federalisms'Christian Fritz is one of the most illuminating students of American constitutional development. His latest book, on the theory and practice of state interposition, casts dazzling new light on the complexities of unified constitutional meaning in a fractious federal system.' Sanford Levinson, University of Texas, author of Framed: America's 51 Constitutions and the Crisis of Governance'With perfect timing, Fritz's book on the history of state legislative resistance hits the market, just as debate about the theory of the independent state legislature heats up, and the Supreme Court considers it. Reading Fritz's fascinating examination of state legislative actions should fill the need for accurate history absent from the debate thus far.' Maeva Marcus, Research Professor of Law, The George Washington University'In this deftly argued book, Christian Fritz traces the complex ways in which the American states attempted to 'interpose' their authority to challenge federal acts. He explains what the idea of interposition meant to its main author, James Madison, but also why Madison's concept proved so ambiguous and controversial to its interpreters.' Jack Rakove, Stanford University, author of Original Meanings: Politics and Ideas in the Making of the Constitution'… the book succeeds in recovering the history of interposition and documenting its status as one of state governments' key weapons in their skirmishes with the federal government in the early decades of the republic. Fritz's prose is crisp and clear, and his voluminous references appear as endnotes in a way that does not slow the reader down but document his insights thoroughly. Readers will learn a tremendous amount about interposition in particular as well as about American political development as it relates to federalism. It should therefore be of interest to both scholars with specific interests in interposition and the early American republic as well as those with a more general interest in how American federalism works.' John D. Nugent, Publius'… an excellent primer on how constitutional meaning developed as the country gained experience with its new constitution…' John D. Nugent, The Journal of Federalism'Monitoring American Federalism is a rich source that likely will become an essential text about the distribution and exercise of constitutional powers for scholars and educators who are experts in the subject matter. Yet it also is accessible to a broader audience of readers, including those who wish to be better informed while navigating real contemporary questions about balancing federal and state power. … a must-read.' Nicholas Allard, The Journal of Things We Like'Professor Fritz has done a great service in unearthing the history of original interposition theory and exploring the divergent interpretations and uses that developed over the decades … Equally his book nicely shows some of the ways that Americans have reshaped the nation's constitutional law and theory as they sought to manipulate and exploit the indeterminate, built-in tensions in the Constitution's federal structure. Students of American federalism will find this excellent book a treasure-trove of information, insight, and scholarly inspiration.' Edward A. Purcell, Jr, Balkin.com'Fritz's prodigiously researched book engages in the vital work of teasing apart meaning from myth, interpretation from invocation. The project is more imperative than ever, given the current urgency for constitutional history to distinguish among meaning, interpretation, continuity, and change.' Alison L. LaCroix, Balkin.com'Christian Fritz's new book offers a rich exploration of state opposition to perceived unconstitutional acts by the federal government since the Founding. Fritz recovers a tradition of state interposition distinct from the more familiar, and more abhorred, phenomenon of nullification…Monitoring American Federalism can help us make sense of contemporary state resistance to the federal government as well as its lineage.' Jessica Bulman-Pozen, Balkin.com'Monitoring American Federalism … casts tremendous new light on the actualities of the American federal system … Quite literally, every scholar of American constitutional development will have to contend with this book at pains of being deemed illiterate … As a history of ideas - and of political actions - the book is … a stunning contribution… Fritz casts immense light on important aspects of the historical American constitutional order and how we should think about it even today.' Sandford Levinson, Balkin.comTable of ContentsIntroduction; 1. The riddle of federalism and the genesis of interposition; 2. Early state use of interposition: testing the powers of the new national government; 3. State interposition and debates over the meaning of the Constitution; 4. The Virginia and Kentucky Resolutions and Madison's report of 1800; 5. State interposition during the Jefferson and Madison presidencies; 6. State challenges to the Supreme Court's control over constitutional interpretation; 7. The transformation of interposition: the theory of nullification emerges; 8. State interposition and nullification on the path to secession; 9. State interposition during and after the Civil War; 10. Modern interposition by states and 'nullification'; Epilogue.
£29.99
Cambridge University Press The Sacraments of the Law and the Law of the Sacraments
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£80.75
Cambridge University Press The Turn to Process
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£75.99
Cambridge University Press The Turn to Process
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£24.69
Cambridge University Press Out of Place
Book SynopsisThis volume is a call to embrace the power of positionality, telling a new history of law and society through the experiences of successful scholars from populations that academia has historically marginalized. Experts record their positionalities across their research and document what they learned about the law in the process.
£25.64
Cambridge University Press Extradition and Empire
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£95.00
Cambridge University Press Royal Justice and the Making of the Tudor Commonwealth 14851547
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£80.75
Cambridge University Press Merchants of Legalism
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£94.50
Cambridge University Press The Story of Constitutions
Book SynopsisWim Voermans traces the surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting a multi-disciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions, and how, in turn, constitutions have shaped our societies.Trade Review'A grand masterpiece that teaches as much as it inspires, this outstanding book enriches our understanding of the origins and evolution of constitutions and opens new research streams that will guide scholars for years to come. This magisterial work catapults Voermans to the Mount Rushmore of modern constitutional studies.' Richard Albert, The University of Texas at AustinTable of Contents1. Introduction: the century of constitutions; Part I. Constitutional Diffusion: 2. Constitutions everywhere; 3. The origin of constitutions; Part II. The History of the Constitution: 4. Precursors; 5. Etched into collective memory: ancient constitutions; 6. Roman roots; 7. Mediaeval constitutions; 8. Early-modern constitutions; 9. Generations: the first generation of monarchical constitutions; 10. Second generation: revolutionary constitutions; 11. Third generation: restoration constitutions; 12. Fourth generation: liberal constitutions; 13. Fifth generation: imperial constitutions; 14. Sixth generation: Leviathan constitutions; 15. The seventh generation: liberation constitutions; 16. The eighth generation: liberal-democratic constitutions; 17. What are the lessons of history?; Part III. Concepts, Shapes and Types of Constitutions: 18. What is a constitution?; 19. Constitutional kinship; Part IV. Effects: 20. What does a constitution do?; 21. The legal meaning of constitutions; 22. Economic aspects; 23. Political aspects; Part V. The Imagined Order of the Constitution: 24. The constitution's beating heart: emotions; 25. The roots of the tree of knowledge; 26. Constitutions as vehicles for legitimacy; 27. The story of the constitution; 28. Appealing to the imagination: constitutional experience; 29. Once upon a time... There was the constitution.
£21.84
Cambridge University Press The Story of Constitutions
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£66.50
Cambridge University Press High Crimes and Misdemeanors
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£80.75
Cambridge University Press Intangible Intangibles
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£28.49
Cambridge University Press Intangible Intangibles
£85.50
Cambridge University Press An Encroaching Sea
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£81.00
Cambridge University Press Trials of Sovereignty
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£94.50
Cambridge University Press Sustainability and EU Migration Law
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£90.00
Cambridge University Press An Islamic Legal Philosophy
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£85.50
Cambridge University Press Making Foreigners
Book SynopsisThis book will interest the reader who wants to learn about the history of immigration and citizenship law. Covering the span of American history (16002000), it connects the history of immigrants with that of domestic subordinated groups and reveals the changing legal meanings of foreignness over the course of American history.Trade Review'Kunal Parker has accomplished the remarkable feat of challenging us to think differently about concepts - what it is to belong, what it is to be alien - that once seemed simple. Untangling the complexities of immigration from the Pilgrims to the Dreamers with a brilliant clarity, [he] traces the way that changing meanings of citizenship have been accompanied by paradoxical redefinitions of what it is to be foreign. As we struggle in our own political moment to reform immigration law, Making Foreigners offers indispensable perspective.' Linda K. Kerber, University of Iowa'In Making Foreigners, Kunal Parker shows how American law defined alienage and citizenship in ways that have confounded simple oppositions of insider and outsider. [He] provides a powerful analysis of how various groups 'native' to American territory have been constructed as 'foreigners' in both law and society. Making Foreigners is a tour de force that makes us rethink how the very notion of being 'foreign' has little to do with where one might stand in relation to territorial boundaries.' Mae Ngai, Columbia University, New York'In this breathtakingly sweeping, yet concise, 400-year history, Kunal Parker highlights how through much of American history both immigration and citizenship law rendered individuals and entire groups, from both inside and outside the territorial borders of the United States, 'foreign'. In doing so, he challenges the dichotomy between insiders and foreigners and opens to question the current immigration and deportation regime.' Barbara Welke, University of Minnesota'Making Foreigners offers important insights about the relationship between the nation's treatment of domestic minorities and foreigners.' Kevin Johnson, The Journal of American History'Making Foreigners manages to contribute to the scholarship in the areas of: U.S. immigration law and policy, Latino Studies, Native American Studies, African American studies, women's studies, Asian Americans, and studies of the poor … the book lays out a provocative new thesis that deserves serious discussion and engagement.' Anna O. Law, Law and Politics Book Review'Provides a sweeping and bold reconceptualization of the history of American immigration and citizenship law. … The history of restrictive immigration law and the legal disabilities of the foreign-born in the United States, Parker argues, must be examined in tandem with multi-layered political and legal structures reducing various groups of native-born insiders, such as women, African Americans, Asian Americans, Latino Americans, American Indians, and the poor, into second-class citizens or virtual foreigners in their status and rights. … Parker's broad conceptualization of immigration and citizenship law has enormous value for historians of American immigration and ethnicity. … truly a laudable addition to American historical and legal scholarship.' Hidetaka Hirota, Journal of American Ethnic History'Presents a long-term view of America's struggle over defining cultural and legal others, from those coming from outside the borders to those born within them. … Parker shows throughout how native-born citizens, in effect 'native-born foreigners', continued to share legal disabilities with aliens not just through cultural discrimination but also through the law itself. … Parker's book is a very welcome synthesis of a long (and ongoing) story.' Nancy L. Green, The American Historical Review'Parker's work sheds light on the ways political and legal shifts have allowed the American state to incorporate outsiders, while also rendering insiders foreign … The expansive timeline and ambitious scope of Parker's argument provides a fresh and exhaustive overview of immigration and citizenship history. Highly Recommended.' Ashley Johnson Bavery, Reviews in American HistoryTable of Contents1. Introduction; 2. Foreigners and borders in British North America; 3. Logics of revolution; 4. Blacks, Indians, and other aliens in antebellum America; 5. The rise of the federal immigration order; 6. Closing the gates in the early twentieth century; 7. A rights revolution?; 8. Conclusion and coda.
£76.94
Cambridge University Press The Life of Thomas E. Scrutton
Book SynopsisThis biography of one of England's greatest judges recounts his involvement as barrister, campaigner and judge in key controversies of the nineteenth and twentieth centuries - the Irish question, the overreaching of executive power in the Great War and the Anglo-Irish War, and his enduring contribution to commercial law.Trade Review'… admirers of Scrutton … have reason to be grateful to David Foxton for producing a close and rigorous assessment of Scrutton's life … The Life of Thomas E. Scrutton is well written, thoroughly researched and … can be most warmly recommended.' Roderick Munday, The Cambridge Law Journal'Mr Foxton's biography shows elegantly and conclusively why Scrutton LJ's impact on the law has been so much greater than that of his forensic and judicial rival, John Hamilton.' Richard Aikens, Lloyd's Maritime and Commercial Law QuarterlyTable of Contents1. Antecedents; 2. A university man; 3. Pupil, professor, husband and politician; 4. 'Patient, laborious asses': onwards and upwards at the Bar; 5. Copyright and the author; 6. The Bench; 7. The War and the law; 8. At the height of his powers: 1919–27; 9. Scrutton the realist?; 10. 'Old Scrutton'.
£104.50
Cambridge University Press The Law of Contract 16701870
Book SynopsisThis examination of the development of contract law in England covers the period when the foundations of modern contract law were laid. It explores key themes in order to understand the drivers of legal change, including the relationship between lawyers and merchants, the role of equity, statute and legal literature.Table of Contents1. Introduction; 2. The legal system and the law of contract; 3. Lawyers and merchants; 4. Lawyers and merchants II; 5. Equity and the common law; 6. Lord Mansfield and his successors; 7. Equity and the regulation of unfairness in contracting: the usury laws – a case study; 8. The classical model of contract: the product of a revolution in legal thought?; 9. Classical contract law and its limits; 10. Contract law, illegality and public policy; 11. Contract law and statute law; 12. Conclusion.
£104.50
Cambridge University Press The Cambridge Companion to the Philosophy of Law
Book SynopsisThe book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy, written by a stellar international cast of contributors. The volume is an exceptional teaching tool, covering themes such as law's nature, the values it should serve, and issues within specific areas of law from crime to contract.Table of ContentsPart I. General Theory: 1. Methodology Grant Lamond; 2. The Nature of Law John Finnis; 3. Legal Reasoning Martha C. Nussbaum; 4. Law and Living Well Timothy Macklem; 5. Social Science and the Philosophy of Law Frederick Schauer; Part II. Values: 6. The Rule of Law John Tasioulas; 7. Justice without Ethics: A Twentieth-Century Innovation? Onora O'Neill; 8. Rights and Human Rights Jeremy Waldron; 9. Equality and Discrimination Sophia Moreau; 10. Authority and Legitimacy Christoph Kletzer and Massimo Renzo; 11. The Ends and Limits of Law John Stanton-Ife; Part III. Special Theory: 12. Causation and Responsibility Richard Holton; 13. Punishment Christopher Bennett and Kimberley Brownlee; 14. Constitutional Law Mitchell N. Berman; 15. Civil Rights and Liberties Sherif Girgis and Robert P. George; 16. Criminal Law R. A. Duff; 17. Contract Daniel Markovits; 18. Tort Law and its Theory John Gardner; 19. Property Law Larissa Katz; 20. International Law Guglielmo Verdirame.
£76.00
Cambridge University Press A History of Law in Europe
Book SynopsisThe first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.Trade Review'… a finely detailed and richly contextual account of European legal history. Originally published in 2007 in Italian, this 2017 edition is the first English translation of the title … The content of the book starts far earlier in time than most European legal history volumes, beginning with a retelling of law, church, kingdoms, and customs from as early as the fifth century. … [It] leads readers through the six main phases of European legal history, including an updated section that covers recent developments in the European Union. … this work is well-suited to a historian looking for a precisely detailed time line of European history as it relates to the law.' E. Millspaugh, ChoiceTable of ContentsPart I. Late Antiquity to the Early Middle Ages (V–XI Century): 1. Law in late antiquity; 2. Christianity, Church and law; 3. Law of the Germanic Kingdoms; 4. The Carolingian and Feudal age; 5. Customs and legal culture; 6. Church reform; Part II. The Age of the Classical Ius Commune (XII–XV Century): 7. The Glossators and the new legal science; 8. Canon law; 9. Law and institutions; 10. University - students and teachers; 11. Legal professions; 12. The commentators; 13. Particular laws; 14. Local laws; 15. The legal system of the medieval ius commune; 16. English common law - the formative years; Part III. The Early Modern Period (XVI–XVIII Century): 17. Churches and states in the age of absolutism; 18. Legal humanism; 19. Practitioners and professors; 20. Legal doctrine and the legal professions; 21. Court decisions; 22. Local law and royal legislations; 23. Natural law; 24. Jurists of the eighteenth century; 25. The sources of law; 26. English law (XVI–XVIII century); Part IV. The Age of Reforms (1750–1814): 27. The Enlightenment and the law; 28. The reforms; 29. The French Revolution and the law; 30. The Napoleonic era; 31. The Codifications; Part V. The Age of Nations (1815–1914): 32. Law during the Restoration; 33. The Historical School and German legal science; 34. Late nineteenth-century codes and laws; 35. Legal professions; 36. Legal science between the nineteenth and the twentieth century; Part VI. The Twentieth Century: 37. Law and legislation between the two World Wars; 38. Law in the second half of the twentieth century; 39. Some outlines of the new legal culture; 40. European Union law; 41. Heading towards global law?
£142.50
Cambridge University Press Legal Practice and the Written Word in the Early Middle Ages
Book SynopsisLegal formularies provide modern historians with information on many aspects of ordinary life in early medieval Europe, from labour and land agreements to cases which we would nowadays associate with criminal law. This book provides a detailed analysis of formularies, setting out their problems and possibilities as historical sources.Trade Review'Rio's book is a model of perceptive historical analysis …' SpeculumTable of ContentsIntroduction; Part I. Formulae, Charters and the Written Word: 1. Orality and literacy in Frankish society; 2. An uneasy partnership? Formulae and charters; Part II. Inventory of the Evidence: 3. Defining the corpus; 4. Catalogue of collections; Part III. Formulae as a Historical Source: Limits and Possibilities: 5. Dating formulae; 6. Local context and diffusion; 7. From late antique notaries to ecclesiastical scribes: when, where and why formularies survive; 8. Formulae and written law; 9. A methodological test-case: slavery and unfreedom in the formularies; Conclusion; Appendix: a handlist of manuscripts.
£35.14
Cambridge University Press Sovereignty Property and Empire 15002000 107 Ideas in Context Series Number 107
Book SynopsisThis book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory.Trade Review'Occupancy, property, and the right and the power to possess are, as Andrew Fitzmaurice says at the beginning of his ambitious and compelling new book, the basis of all human societies and the foundations of all (Western) political thinking.' Anthony Pagden, The Journal of Modern HistoryTable of ContentsAcknowledgements; 1. Introduction; 2. Occupation from Roman law to Salamanca; 3. The Salamanca School in England; 4. Occupation and convention; 5. Theories of occupation in the eighteenth century; 6. The Seven Years' War, land speculation and the American Revolution; 7. Occupation in the nineteenth century; 8. Res nullius and sovereignty; 9. Territorium nullius and Africa; 10. Terra nullius and the Polar regions; 11. Conclusion; Bibliography; Index.
£31.90
Cambridge University Press Law and Authority in the Early Middle Ages
Book SynopsisThe barbarian law codes, compiled between the sixth and eighth centuries, were copied remarkably frequently in the Carolingian ninth century. They provide crucial evidence for early medieval society, including the settlement of disputes, the nature of political authority, literacy, and the construction of ethnic identities. Yet it has proved extremely difficult to establish why the codes were copied in the ninth century, how they were read, and how their rich evidence should be used. Thomas Faulkner tackles these questions more systematically than ever before, proposing new understandings of the relationship between the making of law and royal power, and the reading of law and the maintenance of ethnic identities. Faulkner suggests major reinterpretations of central texts, including the Carolingian law codes, the capitularies adding to the laws, and Carolingian revisions of earlier barbarian and Roman laws. He also provides detailed analysis of legal manuscripts, especially those assocTrade Review'Faulkner offers a valuable exploration of the early medieval, Frankish leges and capitularies, centred on their use and reuse throughout the Carolingian period.' Thom Gobbitt, Early Medieval EuropeTable of ContentsIntroduction; 1. The minor leges part I. Problems, background, lex ribuaria, ewa ad amorem; 2. The minor leges part II. Saxony and the lex saxonum; 3. The additional capitularies; 4. The reading of normative texts: Benedictus Levita and Regino; 5. The manuscripts of the leges-scriptorium; Conclusion; Editions; Bibliography; General index; Index of legal texts; Index of manuscripts.
£31.90
Cambridge University Press The Cambridge Companion to the Philosophy of Law
Book SynopsisWhat is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O''Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.Table of ContentsPart I. General Theory: 1. Methodology Grant Lamond; 2. The Nature of Law John Finnis; 3. Legal Reasoning Martha C. Nussbaum; 4. Law and Living Well Timothy Macklem; 5. Social Science and the Philosophy of Law Frederick Schauer; Part II. Values: 6. The Rule of Law John Tasioulas; 7. Justice without Ethics: A Twentieth-Century Innovation? Onora O'Neill; 8. Rights and Human Rights Jeremy Waldron; 9. Equality and Discrimination Sophia Moreau; 10. Authority and Legitimacy Christoph Kletzer and Massimo Renzo; 11. The Ends and Limits of Law John Stanton-Ife; Part III. Special Theory: 12. Causation and Responsibility Richard Holton; 13. Punishment Christopher Bennett and Kimberley Brownlee; 14. Constitutional Law Mitchell N. Berman; 15. Civil Rights and Liberties Sherif Girgis and Robert P. George; 16. Criminal Law R. A. Duff; 17. Contract Daniel Markovits; 18. Tort Law and its Theory John Gardner; 19. Property Law Larissa Katz; 20. International Law Guglielmo Verdirame.
£33.24
Cambridge University Press Criminal Law in Liberal and Fascist Italy
Book SynopsisDrawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.Trade Review'Professor Garfinkel's book is one of those rare works of original scholarship that succeeds in covering both the Liberal and Fascist eras in Italian history at the national level. By concentrating on common crime rather than political crimes, he has developed an extremely original thesis that challenges the established interpretations of jurisprudence in the nineteenth and twentieth centuries.' Anthony Cardoza, Loyola University, Chicago'Paul Garfinkel's vivid account of the development of Italian criminal justice from the perspective of prominent criminal law practitioners relies on a stunning array of sources to craft a convincing argument. An insightful contribution to the study of European law and society, the book offers an important counterpoint to prevailing historiography.' Maura Hametz, Old Dominion University, Virginia'Eloquently written, and with a welcome focus on the treatment of ordinary rather than political crime, Garfinkel's ground-breaking book persuasively challenges scholarly understandings of the ideas and debates inspiring penal reform in Liberal Italy and the first decade of Mussolini's fascist regime.' Jonathan Dunnage, Swansea University'This elegantly written and widely researched study of criminal law in liberal and fascist Italy challenges the widely accepted view that Italy's 1930 criminal law code was fascist, positivist and anti-liberal in inspiration. Engaging with the wider debates on the relationship between liberalism and fascism, Paul Garfinkel's conclusions will attract the attention of scholars in many different fields.' John Davis, University of ConnecticutTable of Contents1. Body count; 2. Civilized violence; 3. Force of habit; 4. Tomorrow's criminals; 5. Grapes and wrath; 6. Coup, casualty and catalyst: the Ferri Code, 1919–25; 7. Fascism's legal Risorgimento, 1925–31; Conclusion.
£45.98
Cambridge University Press Magna Carta and its Modern Legacy Comparative Constitutional Law and Policy
Book SynopsisMagna Carta is celebrated around the world as a symbol of limited government and constitutionalism. But in 1215 Magna Carta was a failure, abrogated within months. Why then do we celebrate this piece of parchment? To mark the 800th anniversary this book brings together top scholars from the UK, US and Australia to answer this question and analyse Magna Carta's historic and contemporary influence. Using a political science framework, Magna Carta and its Modern Legacy draws from scholarship on influence and constitutional design to explain how parchment can contain executive power. Individual chapters on Britain discuss such topics as socioeconomic rights in Magna Carta; Magna Carta and the British constitution; and public understanding of the charter. Internationally focused chapters look at Magna Carta and jury trial in America, slavery in the Caribbean, court delays in the Pacific, the proportionality principle, and judicial supremacy.Trade Review'This is a worthy contribution to the study of Magna Carta at the dawn of the twenty-first century. It presents the reader with novel insights into the Great Charter's history and highlights talking points in the broader conversation about its place in the constitutional thought of the future. Its critical tone may help inoculate students against the mythology of Runnymede. But the collection also makes clear that, however mixed its legacy, and however modest its 'actual, direct' influence, Magna Carta will continue to structure debate around the most pressing questions of public power and individual liberty.' J. G. Allen, The Cambridge Law JournalTable of ContentsPreface; 1. Magna Carta… Holy Grail? James Melton and Robert Hazell; Part I. Influence in the UK: 2. Magna Carta, the rule of law and the reform of the Constitution Vernon Bogdanor; 3. Eight centuries on: who are Britain's barons now? Anthony King; 4. What Magna Carta means to the modern British public Roger Mortimore; Part II. Influence around the World: 5. The troublesome inheritance of Americans in Magna Carta and trial by jury Renée Lettow Lerner; 6. Magna Carta, the 'sugar colonies' and 'fantasies of empire' Derek O'Brien; 7. Magna Carta frustrated? Institutional delay in the Pacific Island states of the Commonwealth David Clark; Part III. Twenty-First-Century Reflections on Magna Carta: 8. Magna Carta and modern myth-making: proportionality in the 'cruel and unusual punishments' clause Craig S. Lerner; 9. Judicial supremacy: explaining false starts and surprising successes Victor Menaldo and Nora Webb Williams; 10. More magna than the Magna Carta: Magna Carta's sister – the Charter of the Forest Geraldine Van Bueren; 11. Michael Oakeshott, the legendary past and Magna Carta Nathalie Riendeau; Appendix: English translation of Magna Carta (1215).
£25.64
Cambridge University Press The General Eyre
Book SynopsisOriginally published in 1922, this book presents the content of a series of lectures on the general eyre delivered in the University of London at the request of the Faculty of Laws. The text gives a concise account of the eyres from their development during the late twelfth century to their ultimate cessation at the end of the thirteenth.Table of ContentsPreface; Introduction; 1. The early English courts; 2. Canterbury during an eyre; 3. The Crown Pleas; Index.
£18.99