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Hard Time: Reforming the Penitentiary in Nineteenth-Century Canada

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ISBN: 9781926836966 9781926836973 9781926836980 Year: Pages: 349 Language: English
Publisher: Athabasca University Press
Subject: History
Added to DOAB on : 2012-07-11 08:18:41
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Despite the market triumphalism that greeted the end of the Cold War, the collapse of the Soviet empire seemed initially to herald new possibilities for social democracy. In the 1990s, with a new era of peace and economic prosperity apparently imminent, people discontented with the realities of global capitalism swept social democrats into power in many Western countries. The resurgence was, however, brief. Neither the recurring economic crises of the 2000s nor the ongoing War on Terror was conducive to social democracy, which soon gave way to a prolonged decline in countries where social democrats had once held power. Arguing that neither globalization nor demographic change was key to the failure of social democracy, the contributors to this volume analyze the rise and decline of Third Way social democracy and seek to lay the groundwork for the reformulation of progressive class politics. Offering a comparative look at social democratic experience since the Cold War, the volume examines countries where social democracy has long been an influential political force?Sweden, Germany, Britain, and Australia?while also considering the history of Canada?s NDP and the emergence of New Left parties in Germany and the province of Qu?bec. The case studies point to a social democracy that has confirmed its rupture with the postwar order and its role as the primary political representative of working-class interests. Once marked by redistributive and egalitarian policy perspectives, social democracy has, the book argues, assumed a new role?that of a modernizing force advancing the neoliberal cause.

El Jurista en el Nuevo Mundo

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773063 Year: Pages: 280 DOI: 10.12946/gplh7 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"The present work addresses the history of Derecho Indiano (Spanish Colonial Law) and proposes to examine the role played by Indiano-Castilian jurists in the New World as creators and enforcers of a science and the practice of law. They were given the task of organising and developing public authorities as well as the new society, and in their engagement with the temporary institutions, they were confronted with realities and situations as diverse as they themselves proclaimed them to be. The works brought together in this volume originally appeared in journals and collected works from different countries, and they are now being presented here in a revised edition.&#xD;Castile was the kingdom overseeing the expansion across the Atlantic; an expansion to lands and peoples unknown to Europeans up till that point in time. The jurists who worked under these new and challenging circumstances belonged to the Castilian tradition, and they were immersed in this tradition not only due to their university education, but also as a result of their cultural environment and the very structure of the governing bodies and justice system of the kingdom. The confrontation with a reality that was, in so many respects, different from that of the Peninsular – as could already clearly be seen in accounts written by conquistadors, missionaries and the authorities from the early days – encouraged jurists to search for solutions to the new problems that had arisen. Over the years, this led to the creation of what would eventually shape a heterogeneously composed normative corpus, both in civil and canon terms. The differences between the Indiano and Castilian systems were marked to the point that it became a widely accepted truth that the Indiano order could not be fully understood or taken into account either by the advisors of Castile or the lawyers who travelled to the Americas with no prior knowledge of this particular law.&#xD;Jurists who were born or based in the Indiano provinces would often come to discover the “constitutional discourse” of the monarchy; in other words, they experienced the unfolding plot, so to speak, not through theory, but rather through the impetus provided by the possible solutions to the numerous issues that had arisen. Although Castilian legal literature, which exerted a powerful influence, was present and being circulated throughout the Americas, preferences when it came to specific authors and legal bodies were as different as the readings and interpretations made of them. Several criteria both general and specific in nature took shape. Consequently, “local contexts”, for example, were often discussed in the application of general norms and the “customary background” was similarly taken into account."&#xD;

Crime and Criminal Justice in Modern Germany

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Book Series: Studies in German History ISBN: 9781782382461 9781785336577 Year: Language: English
Publisher: Berghahn Books Grant: Knowledge Unlatched - 101584
Subject: History
Added to DOAB on : 2018-07-26 11:01:02
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The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

Diritto: storia e comparazione

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773209 9783944773216 Year: Pages: 608 DOI: 10.12946/gplh11 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study.&#xD;In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency.&#xD;A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity."&#xD;

Spatial and Temporal Dimensions for Legal History

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 978394773056 9783944773155 Year: Pages: 300 DOI: 10.12946/gplh6 Language: Italian|English|Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue.&#xD;The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component.&#xD;This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces.&#xD;The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’.&#xD;As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."&#xD;

Normatividades e instituciones eclesiásticas en la Nueva España, siglos XVI–XIX

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773049 9783944773148 Year: Pages: 316 DOI: 10.12946/gplh5 Language: Spanish;
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Ecclesiastical institutions and actors were essential for the formation of normative orders in early modern Ibero-America. However, both legal historiography, due to its strong legalistic, state-centred imprint, and general historiography on colonial times, more inclined towards secular law, have only rarely discussed the contribution of ecclesiastical normativity to the formation of that normative texture which, in the historiographical tradition, has been called ‘derecho indiano’.&#xD;In light of this situation, the Max Planck Institute for European Legal History has organised a series of seminars in different Latin American cities in order to offer an interdisciplinary forum dedicated to the research of ‘ecclesiastical normativities and institutions in Ibero-America’ between the 16th and 19th centuries. The present volume is the first in a series of publications that document the results of this cycle of seminars celebrated in Mexico City, Lima, Bogotá and São Paulo.&#xD;The book, focusing on New Spain, is divided into five thematic parts. The first section presents investigations on canon law and moral theology that deal with characteristic aspects of multinormativity and the teaching of those disciplines in early modern times. The second section examines diocesan governance and ecclesiastical power in Mexico City and Puebla via statutes of the cathedral chapter, members of the ‘curia arzobispal’ and pertinent legal opinions. In the third section, the contributors reflect on the normativity and administration of sacraments, drawing on conciliar norms, treatises, pragmatic literature but as well on registers of baptisms and confessions. The fourth section deals with ethnic groups in courts of justice, both civil and ecclesiastic ones: indigenous people accused of ‘hechicería’ in a tribunal of Tlaxcala and Afro-Mexicans who started litigation in the archiepiscopal court of Mexico. The articles of the fifth section cover the topics of beatification, devotion and cultural expressions (music, images) from a normative perspective and extend the period of investigation to the 19th century.&#xD;The articles on ecclesiastical institutions and normativities in New Spain collected in this volume propose new research fields for legal history and the history of the Church, which at the same time are relevant for social and cultural history. The editors’ purpose has been to present approaches that explore the relationship between different types of normativities, their local adaptations, the ties with global debates, the forms of solving conflicts, as well as the role of jurists, theologians and other actors. The topics discussed by the authors represented in this volume – who cultivate the disciplines of history, legal history, church history, ethnohistory, art history and the history of music – contribute to a better understanding of the normative religious universe in Spanish America."&#xD;

New Horizons in Spanish Colonial Law

Authors: --- --- --- --- et al.
Book Series: Global Perspectives on Legal History ISBN: 9783944773025 9783944773124 Year: Pages: 268 DOI: 10.12946/gplh3 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little.&#xD;Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history?&#xD;Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders.&#xD;In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."&#xD;

Der Rahmen der Rechtsgewohnheiten

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ISBN: 9783205782919 Year: Pages: 602 Seiten DOI: 10.26530/oapen_437176 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4032
Subject: Law
Added to DOAB on : 2013-03-27 11:49:14
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"The Frame of Legal Customs" ("Der Rahmen der Rechtsgewohnheiten") attempts to interchange results from two scientific disciplines, legal theory and legal history for the middle ages.&#xD;The first part describes the present and in the sphere of legal theory not unypical view of law as a system of norms as introduced by theorists like Hans Kelsen ore H.L.A. Hart. Main target of criticism is the concept of law as provided by legal positivism, pointing out the problems of the logic of norms and the speech-act-theoretical background of this concept.&#xD;The second part shows the inadequacy of the modern concept of law – which faces law as system of norms – for the situation of the early middle ages, when law was practiced in judicial assemblies in a strict oral manner without the common use of written texts. Results of German legal history which assume a more differentiated structure of legal thinking (based on incompatible categories of law: "recht", "Gebot", "Willkür") instead of one comprehensive notion of law, are discussed.&#xD;The third part is dedicated to the close examination of the concept of law of three of the most important legal historians in Germany (Karl Kroeschell, Gerhard Dilcher, Jürgen Weitzel).&#xD;The fourth and last part offers an alternative approach to the problem, how legal thinking and legal practice can be understood in premodern societies. It starts at the fundamental criticism of legal positivism, which can be found in the work of Ronald Dworkin ("law as integrity") and earlier at Carl Schmitts concept of concrete order ("Konkretes Ordnungsdenken"). The correlation between the role of legal rules, decisions and orders is discussed within the proposed theoretical frame. Finally the notion of order-configurations ("Ordnungskonfigurationen"), which has been brought into discussion by Stefan Weinfurter, is compared to the concept of law as a form of concrete order as developed in the text. A text of Adalbero of Laon and the letters of pope Gregory VII are interpreted as an illustrating example (and implicit criticism on Weinfurter's specific use of sociological functionalism) using the proposed alternative categories

Mitstreiter im Volkstumskampf. Deutsche Justiz in den eingegliederten Ostgebieten 1939-1945

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Book Series: Quellen und Darstellungen zur Zeitgeschichte ISSN: 0481-3545 ISBN: 9783110353730 Year: Volume: 101 Pages: 351 DOI: 10.1524/9783110353730 Language: German
Publisher: De Gruyter
Subject: History
Added to DOAB on : 2018-05-31 14:06:11
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In Poland during the Second World War, the German judicial system was part of the National Socialist occupation machine from the outset and became a key element in the policy of Germanization, Germany`s principal objective for the annexed portions of Poland. The courts systematically discriminated against Poles, and between September 1939 and the beginning of 1945, imposed thousands of death sentences.

Legal Pluralism

Authors: --- --- ---
ISBN: 9789949778416 9789949778409 Year: Pages: 195 Language: English
Publisher: University of Tartu Press
Subject: Law
Added to DOAB on : 2019-01-15 13:33:11
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An important part of the narrative of modern law and legal science has been the claim that legal unity possesses many advantages over the legal pluralism of earlier periods. This collection includes articles from the conference “Legal Pluralism – Cui bono?” organised by the School of Law in the University of Tartu in 2015. The conference papers not only identify the real dangers and challenges, but first of all the opportunities of legal pluralism and concentrate primarily on the perspective of the individual historically as well as in the present. The volume includes papers by Piia Kalamees, Katrin Kello, Olja Kivistik, Irene Kull, Kåre Lilleholt, Marju Luts-Sootak, Patrick Praet, Ralf Seinecke, Hesi Siimets-Gross, Maarja Torga, and Age Värv.

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