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Who Will Be the Next President?: A Guide to the U.S. Presidential Election System

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ISBN: 9783319446950 9783319446967 Year: Pages: 165 DOI: 10.1007/978-3-319-44696-7 Language: English
Publisher: Springer
Subject: Social and Public Welfare --- Manufactures --- Law
Added to DOAB on : 2017-03-13 12:24:24
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This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.

Reading the crisis: legal, philosophical and literary perspectives

Authors: --- --- --- --- et al.
Book Series: Historia del Derecho ISSN: 2255-5137 ISBN: 9788491484202 Year: Volume: 56 Pages: 224 Language: French
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law
Added to DOAB on : 2017-11-06 18:22:38
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Almost a decade has passed since the outbreak of the economic crisis; from its original nucleus, its effects have quickly affected the social and geopolitical fields. Such wide impact and its complex implications make the crisis an object susceptible of multiple readings. The particular aim of the studies collected in this volume is to explore the impact of the crisis on law, culture and society, in order to test the depth of the problem, by comparing the analytical perspectives obtainable from legal and human sciences. The book focuses on three main issues: the crisis as a social object, in order to consider the crisis in terms of its attributing force; the problem of democracy, which is becoming an increasingly central question now, as the changes imposed by the crisis have begun to settle down; the interdisciplinary challenge that, in time of crisis, questions paradigms of knowledge, competences and methods, in order to enable an heuristic dialogue between human, social and legal sciences.

Coleridge's Laws

Authors: --- ---
ISBN: 9781906924140 Year: Pages: 403 DOI: 10.11647/OBP.0005 Language: English
Publisher: Open Book Publishers
Subject: Law --- History
Added to DOAB on : 2018-04-04 11:01:51
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Samuel Taylor Coleridge is best known as a great poet and literary theorist, but for one, quite short, period of his life he held real political power — acting as Public Secretary to the British Civil Commissioner in Malta in 1805. This was a formative experience for Coleridge which he later identified as being one of the most instructive in his entire life. In this book, Barry Hough and Howard Davis show how Coleridge's actions whilst in a position of power differ markedly from the idealism he had advocated before taking office — shedding new light on Coleridge's sense of political and legal morality. Meticulously researched and including newly discovered archival materials, Coleridge's Laws provides detailed analysis of the laws and public notices drafted by Coleridge, together with the first published translations of them. Drawing from a wealth of primary sources, Hough and Davis identify the political challenges facing Coleridge and reveal that, in attempting to win over the Maltese public to support Britain's strategic interests, Coleridge was complicit in acts of government which were both inconsistent with the rule of law and contrary to his professed beliefs. Coleridge's willingness to overlook accepted legal processes and personal misgivings for political expediency is disturbing and, as explained by Michael John Kooy in his extensive introduction, necessarily alters our understanding of the author and his writing. Coleridge's Laws contributes in new ways to the current debates about Coleridge's achievements, British colonialism and its engagement with the rule of law, nationhood and the effectiveness of the British administration of Malta. It provides essential reading for anybody interested in Coleridge specifically and the Romantics more generally, for political and legal historians and for students of colonial government.

Privilege and Property

Authors: --- ---
ISBN: 9781906924201 Year: Pages: 450 DOI: 10.11647/OBP.0007 Language: English
Publisher: Open Book Publishers
Subject: Law --- History
Added to DOAB on : 2018-04-04 11:01:51
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).

Cicero, Against Verres, 2.1.53–86

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Book Series: Classics Textbooks ISBN: 9781906924553 Year: Pages: 205 DOI: 10.11647/OBP.0016 Language: English
Publisher: Open Book Publishers
Subject: History --- Linguistics --- Economics
Added to DOAB on : 2018-04-04 11:01:52
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Looting, despoiling temples, attempted rape and judicial murder: these are just some of the themes of this classic piece of writing by one of the world’s greatest orators. This particular passage is from the second book of Cicero’s Speeches against Verres, who was a former Roman magistrate on trial for serious misconduct. Cicero presents the lurid details of Verres’ alleged crimes in exquisite and sophisticated prose. This volume provides a portion of the original text of Cicero’s speech in Latin, a detailed commentary, study aids, and a translation. As a literary artefact, the speech gives us insight into how the supreme master of Latin eloquence developed what we would now call rhetorical "spin”. As an historical document, it provides a window into the dark underbelly of Rome’s imperial expansion and exploitation of the Near East. Ingo Gildenhard’s illuminating commentary on this A-Level set text will be of particular interest to students of Latin at both high school and undergraduate level. It will also be a valuable resource to Latin teachers and to anyone interested in Cicero, language and rhetoric, and the legal culture of Ancient Rome.

Die Wiener Stadtbücher 1395-1430, Teil 5: 1418-1421

Authors: ---
ISBN: 9783205204435 Year: Pages: 466 Seiten Language: Latin|German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 443
Added to DOAB on : 2018-04-21 11:01:55
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The Archive of the City of Vienna keeps three folio-volumes of a manuscript in conservation of her archive, which in common was marked as “Wiener Testamentsbücher” (Viennese Last Wills-Register). The source, comprising the period of 1395 to 1430, at this time was named “Stadtbuch”, and this appoints the character of such registers, which served for registration of legal transactions in urban space. In total the “Stadtbuch” embodies more than 4.500 registrations, in most cases last wills (“Geschäfte”), but also a lot of registrations about transactions concerning private law as well as matters of pubic law.

Diversità e discorso giuridico. Temi per un dialogo interdisciplinare su diritti e giustizia in tempo di transizione

Authors: --- --- --- --- et al.
Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490859810 Year: Volume: 48 Pages: 287 Language: Italian
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law
Added to DOAB on : 2016-11-02 12:07:43
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The relationship between law and diversity was difficult and dialectical throughout the centuries of the legal modernity. Yet to mark its routes it was not a concern for diversity since at the core of its developments there was the issue of individual before the social issue. As a matter of fact, diversity was considered extensively in modern law, but always in an instrumental way. At present this juridical approach shows some limitations, especially in the taking into account the link with the problem of protection of fundamental and human rights. Therefore, it seems appropriate to open a discussion on the issue, assuming diversity, despite its plurality of meanings, as a single topic area from which to start questioning the law. This volume is an attempt in this direction. Taking its cue from these statements and adopting a multidisciplinary perspective, it aims to explore aspects of the complex relationship between law and diversity, assuming as a framework of reference the problem of rights and justice.--------È in un continuo e sofferto rapporto dialettico che diritto e diversità si sono reciprocamente inseguiti lungo i secoli della modernità giuridica. Eppure non è stata una preoccupazione per la diversità a segnarne gli itinerari. Di essa il diritto moderno si è molto occupato ma in chiave sempre strumentale, avendo posto al centro dei suoi svolgimenti la questione dell’individuo prima che della società. Al contempo la fase attuale evidenzia una certa usura degli strumenti giuridici tradizionali e un limite complessivo di tale approccio al problema, soprattutto se si considerano i nessi della questione con la tutela dei diritti fondamentali e umani. Appare, dunque, opportuno avviare una riflessione complessiva sulla questione, assumendo la diversità, pur nella sua pluralità di valenze, come ambito tematico unitario e come categoria a partire dalla quale interrogare il diritto. Il presente volume, costituisce un tentativo in tale direzione. Esso - prendendo le mosse da tali constatazioni e avvalendosi di molteplici punti di vista disciplinari - si propone di esplorare aspetti del complesso rapporto tra diritto e diversità, assumendo come cornice di riferimento la questione dei diritti e della giustizia.

Reformation und Recht

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ISBN: 9783161548031 9783161554643 Year: DOI: 10.1628/9783161554643 Language: German
Publisher: Mohr Siebeck Grant: Knowledge Unlatched - 101758
Added to DOAB on : 2018-02-26 11:01:50
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The law's cultural and especially its religious contexts present a fresh challenge to a globalised world. Did the Reformation's demand for the abolition of canonical law have particular consequences for legal development? Various answers are given to this question. It has been the objective of recent confessionalization research to highlight the uniformity of confessions and their cultural effects. There is great concern that, as happened a hundred years ago, Protestantism is once again being awarded a special proximity to modernity. The authors of this volume discuss the consequences the Reformation had for the development of various branches of the law. In the sense of a comparative analysis, Catholic law is also investigated for the connection between law and morality.

L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773070 9783944773179 Year: Pages: 364 DOI: 10.12946/gplh8 Language: Italian
Publisher: Max Planck Institute for European Legal History
Subject: Law
Added to DOAB on : 2019-04-17 11:21:03
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"The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries.&#xD;The Droit des gens had an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries.&#xD;The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations.&#xD;The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual.&#xD;Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19th century and its critical reception (both positive and negative) in relation to the more complex legislative contexts.&#xD;The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking."&#xD;

Nationalsozialistisches Strafrecht

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Book Series: Grundlagen des Strafrechts ISBN: 9783845297149 Year: Volume: 6 DOI: https://doi.org/10.5771/9783845297149 Language: de
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: History
Added to DOAB on : 2019-09-05 11:26:27
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This innovative study regards National Socialist criminal law—in accordance with the theories of continuity and radicalisation—as the racist (anti-Semitic), nationalistic (Germanic) and totalitarian updating of the authoritarian and anti-liberal tendencies found in German criminal law at the turn of the 20th century and during the Weimar Republic. The author proves this thesis through systematic analysis of the works of relevant authors, focusing primarily on the texts, which speak for themselves, rather than on morally judging the people who wrote them. In doing so, he also examines the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity did not only exist from a past perspective (post-Weimar), but also from a forward-looking perspective (‘the Bonn Republic’ 1949–1990). In short, neither did National Socialist criminal law appear from nowhere, nor did it completely disappear after 1945, which has seamlessly led to the modern-day attempt to reconstruct the identity of this Germanic myth through the so-called ‘neue Rechte’ or ‘New Right’ political movement.

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