A History Of Law In Europe

Author by : Antonio Padoa-Schioppa
Languange : en
Publisher by : Cambridge University Press
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Description : The 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.


Laws And Explanation In History

Author by : William H. Dray
Languange : en
Publisher by : London : Oxford University Press
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Law In America

Author by : Lawrence M. Friedman
Languange : en
Publisher by : Modern Library
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Description : Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.


Time History And International Law

Author by : Matthew C. R. Craven
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Description : This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.


The History Of English Law Before The Time Of Edward I

Author by : Frederick Pollock
Languange : en
Publisher by : Unknown
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Description : Sir Frederick Pollock and Frederic William Maitland's legal classic The History of English Law before the Time of Edward I expanded the work of Sir Edward Coke and William Blackstone by exploring the origins of key aspects of English common law and society and with them the development of individual rights as these were gradually carved out from the authority of the Crown and the Church. Book one examines Anglo-Saxon law, goes on to consider the changes in law introduced by the Normans, then moves to the twelfth-century Age of Glanvill followed by the thirteenth century Age of Bracton. Book two takes up different areas of English law by topic, including land tenure, marriage and wardship, fealty, the ranks of men both free and unfree, aliens, Jews, excommunicates, women, and the churches and the King, before turning to the various jurisdictions of that decentralised era.


Law In History

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 33
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Judges And Judging In The History Of The Common Law And Civil Law

Author by : Paul Brand
Languange : en
Publisher by : Cambridge University Press
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Description : In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts, that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.


A History Of Islamic Law

Author by : N. J. Coulson
Languange : en
Publisher by : AldineTransaction
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Description : The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.


A Cultural History Of Law In The Modern Age

Author by : Richard K. Sherwin
Languange : en
Publisher by : Bloomsbury Publishing
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Description : The period since the First World War has been a century distinguished by the loss of any unitary foundation for truth, ethics, and the legitimate authority of law. With the emergence of radical pluralism, law has become the site of extraordinary creativity and, on occasion, a source of rights for those historically excluded from its protection. A Cultural History of Law in the Modern Age tells stories of human struggles in the face of state authority – including Aboriginal land claims, popular resistance to corporate power, and the inter-generational ramifications of genocidal state violence. The essays address how, and with what effects, different expressive modes (ceremonial dance, live street theater, the acoustics of radio, the affective range of film, to name a few) help to construct, memorialize, and disseminate political and legal meaning. Drawing upon a wealth of visual, textual and sound sources, A Cultural History of Law in the Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.


Family Law In The Twentieth Century

Author by : Stephen Michael Cretney
Languange : en
Publisher by : Oxford University Press, USA
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Total Read : 93
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Description : The law governing family relationships has changed dramatically in the course of the 20th century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform.


The Oxford History Of The Laws Of England Volume Vi

Author by : John Baker
Languange : en
Publisher by : OUP Oxford
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Total Read : 46
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Description : This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.


The History Of The Laws And Courts Of Hong Kong From The Earliest Period To 1898

Author by : James William Norton-Kyshe
Languange : en
Publisher by : Unknown
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Total Read : 71
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Description : A chronological history of the laws and courts of Hong Kong with appendices listing attorneys general, crown solicitors, barristers proctors, attorneys, and solicitors admitted to practice before the Supreme Court of Hong Kong, up to 1898.


Global Legal History

Author by : Joshua C. Tate
Languange : en
Publisher by : Routledge
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Total Read : 28
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Description : This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.


History Of Social Law In Germany

Author by : Michael Stolleis
Languange : en
Publisher by : Springer
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Total Read : 65
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Description : The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.


A History Of The English Poor Law

Author by : George Nicholls
Languange : en
Publisher by : Unknown
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The Law Of Libel

Author by : Francis Ludlow Holt
Languange : en
Publisher by : Unknown
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Total Read : 97
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Land Law And Real Property In American History

Author by : Kermit L. Hall
Languange : en
Publisher by : Garland Pub
Format Available : PDF, ePub, Mobi
Total Read : 10
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Description : This work is a collection of articles examining the public policy questions posed by the evolution of the law of real property and public lands, emphasizing the public policy changes in the area of proper use and taking of property.


Natural Law In Court

Author by : R. H. Helmholz
Languange : en
Publisher by : Harvard University Press
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Total Read : 11
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Description : Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.


Emergency Law In Ireland 1918 1925

Author by : Colm Campbell
Languange : en
Publisher by : Unknown
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Total Read : 43
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Description : The years 1918-1925 were the most turbulent in recent Irish history, a time of momentous constitutional change and widespread political unrest. Faced with armed insurrection and revolutionary claims to democratic legitimacy, the British government responded with increasingly harsh emergency powers. These measures provided the model for the governments which emerged following the partition of the country into the Irish Free State and Northern Ireland. In this scholarly and compelling book Dr Colm Cambell offers a detailed legal analysis of emergency powers and assesses their impact upon the outcome of political conflicts. Drawing uponextensive archival materials, the author examines the effect of emergency law on the battle for legitimacy in three jurisdictions: Ireland under British rule 1918-1921; the Irish Free State 1922-25; and Northern Ireland 1921-25. By identifying and discussing three core areas of emergency law in all three jurisdictions, such as special powers of arrest and detention, special courts and internment without trial, the author brings out the historical continuity in thedevelopment of these powers. The role of the judiciary in co-operating with laws which helped to marginalize them is also discussed. Carefully researched and cogently argued, this bookwill appeal not only to historians but also to constitutional lawyers, political scientists, and scholars interested in civil liberaties and the history of laws relating to political violence.


An Historical Introduction To The Land Law

Author by : Sir William Searle Holdsworth
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
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Description : Holdsworth, Sir William. An Historical Introduction to the Land Law. London: Oxford University Press, 1927. xxiv, 339 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2002025949. ISBN 1-58477-262-X. Cloth. $95. * Sir William Holdsworth [1871-1944] was one of the most distinguished historians of English common law. Written to provide students of Real Property with a concise history of the field, Holdsworth believed this knowledge necessary as contemporary land law was difficult to understand without an understanding of its roots. Fifoot commends this book in his English Law and its Background for its history of the rules against perpetuities (121). The Law Quarterly Review noted that "every beginner will certainly have to read [this] book before he reads anything else" (44:105). Both sources cited in Marke, A Catalogue of the Law Collection at New York University (1953) 773.


A History Of The Laws Of War Volume 2

Author by : Alexander Gillespie
Languange : en
Publisher by : Bloomsbury Publishing
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Total Read : 23
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Description : This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.


The English Poor Laws 1700 1930

Author by : Anthony Brundage
Languange : en
Publisher by : Red Globe Press
Format Available : PDF, ePub, Mobi
Total Read : 83
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Description : Brundage examines the nature and operation of the English poor law system from the early 18th century to its termination in 1930.


Law In American History Volume Iii

Author by : G. Edward White
Languange : en
Publisher by : Oxford University Press
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Description : In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.


English Law In The Age Of The Black Death 1348 1381

Author by : Robert C. Palmer
Languange : en
Publisher by : Univ of North Carolina Press
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Description : Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De


Roman Law In European History

Author by : Peter Stein
Languange : en
Publisher by : Cambridge University Press
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Total Read : 42
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Description : This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.


The Magic Mirror

Author by : Kermit L. Hall
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 33
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Description : Chronicling American law from its English origins to the present, and offering for the first time comprehensive treatment of twentieth-century developments, this book sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from the history of both constitutional and private law. The Magic Mirror treats law in society, and the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, the development of American federalism, and the rise of the legal profession. Hall pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectual evolution of American law, surveying movements such as legal realism and critical legal studies. Hall concludes that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social and economic conflicts that first provoke demands for legal change.