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Past Law, Present Histories

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ISBN: 9781922144027 Year: DOI: 10.26530/OAPEN_459858 Language: English
Publisher: ANU Press
Subject: Law
Added to DOAB on : 2014-01-13 12:33:27
License: ANU Press

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This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.

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legal history

The Law of Nations and Natural Law 1625-1800

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Book Series: Early Modern Natural Law: Studies & Sources ISBN: 9789004384200 Year: Pages: 348 DOI: 10.1163/9789004384200 Language: English
Publisher: Brill
Subject: Law
Added to DOAB on : 2020-05-19 04:55:28
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Twelve international scholars offer innovative studies of the law of nations from the Peace of Westphalia to the Enlightenment. The focus is on little known contexts and sources, and on novel interpretations of classics in the field. Readership: Philosophers, historians, legal scholars and political theorists interested in the history of international law, and anyone concerned with modern natural law and Emer de Vattel’s Law of Nations.

Keywords

Legal history

Knowledge of the Pragmatici

Authors: ---
Book Series: Max-Planck Studies in Global Legal History of the Iberian Worlds ISBN: 9789004425736 Year: Pages: 396 DOI: 10.1163/9789004425736 Language: English
Publisher: Brill
Subject: Law
Added to DOAB on : 2020-05-19 04:57:17
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Knowledge of the pragmatici analyses pragmatic normative literature in colonial Ibero-America. It explores the circulation and the functions of these media in the Iberian peninsula, New Spain, Peru, New Granada and Brazil. Readership: All interested in the legal history, the history of knowledge and book history in early modern times, especially with regard to colonial Ibero-America.

Keywords

Legal history

Canada’s Legal Pasts: Looking Forward, Looking Back

Authors: --- ---
ISBN: 9781773851174 Year: Pages: 368 Language: English
Publisher: University of Calgary Press
Subject: Sociology --- Law
Added to DOAB on : 2020-08-05 00:11:54
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An introduction to Canadian legal history featuring new approaches to legal scholarship. Essential reading for all those interested in Canadian legal methodologies, especially new and beginning scholars.Canada’s Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada’s legal pasts—and why we study them.Telling new stories—about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more—this book presents the vibrant evolution of Canada’s legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada’s most marginalized people, show the many different ways of researching and understanding legal history.This is Canadian legal history as you’ve never seen it before. Canada’s Legal Pasts dives into new topics in Canada’s fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.

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. 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. 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."

European Monarchies from 1814 to 1906. A Century of Restorations

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ISBN: 9783110524536 Year: Pages: 151 DOI: 10.1515/9783110524536 Language: English
Publisher: De Gruyter
Subject: History
Added to DOAB on : 2020-02-18 15:12:41
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The year 2014 saw the 200th anniversary of Napoleon's downfall - and the restauration of the French monarchy under the house of Bourbon. With this as a starting point, Volker Sellin shows how the European monarchies restored and prolonged their reigns by giving their countries constitutions. This new angle results in an astonishing history of the 19th century in Europe from Spain to Russia.

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
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. 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. 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."

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
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. 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. 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. 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’. 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."

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