Author: Randall Lesaffer
Publisher: Cambridge University Press
Release Date: 2009-06-25
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
Author: Paul Vinogradoff
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1913
Vinogradoff, Paul, editor. Essays in Legal History Read Before the International Congress of Historical Studies Held in London in 1913. London: Oxford University Press, 1913. viii, 396 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-351-0. Cloth. $85. * Complete text of papers read at the International Congress, in their native tongue, edited by Paul Vinogradoff, who presided over the section. The collection of 20 includes essays given by Gierke, Hazeltine, and Huebner, as well as "The Numismatic Illustrations of the History of Roman Law" by E. C. Clark, "The Transformation of Equity" by Sir Frederick Pollock, "The Influence of Coke on the Development of English Law" by W.S. Holdsworth, and "La Maxime Princeps Legibus Solutus est dans l'ancien Droit public francais" by E. Esmein.
Author: George Mousourakis
Release Date: 2007-08-07
This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c.1000 BC through to its re-discovery in Europe where it was widely applied until the eighteenth century. Combining a law specialist’s informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments. Including bibliographic references and organized accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.
Author: Anthony Musson
Publisher: Cambridge University Press
Release Date: 2012-01-26
Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
Author: Robert W. Gordon
Publisher: Cambridge University Press
Release Date: 2011-03-07
This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
Author: Tracy A. Thomas
Publisher: NYU Press
Release Date: 2011-04-04
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women’s interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women’s legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
Author: R. C. Caenegem
Publisher: Bloomsbury Publishing
Release Date: 1990-07-01
R.C. Van Caenegem is one of the few legal historians to have crossed national boundaries successfully. His knowledge of the various codes and customs of the European Continent in general and the Low Countries in particular enables him to bring a fresh eye to the English Common law. Four of these nine essays have not been published in English before.
Author: Stephen C. Neff
Publisher: Harvard University Press
Release Date: 2010-06-01
Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Author: Paul M. Pruitt, Jr.
Publisher: Quid Pro Books
Release Date: 2015-09-09
NEW FIELD, NEW CORN is an anthology of research papers that explore a range of topics from the rich legal history of the state of Alabama and its influential legal and judicial figures. Contemporary photography and maps are featured as well. “New Field, New Corn presents eight new essays on Alabama legal history from the pre-Civil War era through the Civil Rights era. These elegant and novel chapters survey a broad spectrum, from economics, race, education, and professional concerns of lawyers, to plain old legal doctrine, to show how those variables affected the state’s development. These essays reveal why we need intensive studies of American law at the state and county level in the 19th and 20th centuries. For they demonstrate that law is embedded in our culture. These invite many other studies, from the county level on up, in other states, to demonstrate how law lies at the center of nation’s history. They reaffirm my faith that there are many, many fascinating stories left to tell about our nation’s journey towards fulfilling the promises of law.” — Alfred L. Brophy Judge John J. Parker Distinguished Professor of Law University of North Carolina–Chapel Hill Author, Reparations: Pro and Con (2006) and Reconstructing the Dreamland (2002) “Alabama legal history can be surprising. Usually, this history is identified with dominant one-party politics, slavery, racial segregation, and limited social welfare. University of Alabama Law School legal historian Paul Pruitt’s collection of young lawyers’ research reveals a new field. It extends out from legal subjects, embracing new perceptions of law in society across Alabama history. The collection rests on broad research. Lawyers working in diverse fields have produced Alabama legal history that sets a new standard.” — Tony Freyer University Research Professor of History and Law, Emeritus University of Alabama Author, Hugo L. Black and the Dilemma of American Liberalism (2007), and coauthor, Democracy and Judicial Independence (1996) The volume’s contents include: • Bryan K. Fair’s Foreword: “Critiquing Our Present, Interrogating Our Past” • Paul M. Pruitt, Jr.’s Introduction: “Alabama Legal History as a Field of Study” • Warren Hoffman: “Developments of the Enclosure Movement in Alabama: Disrupting the Free Roaming” • Paul Rand: “Flush Times in the Chancery: A Brief Note on the History of Equity and Trusts” • Helen Eckinger: “The Militarization of the University of Alabama” • Eddie Lowe: “Economic Growth in Blount County/Onteonta: Attorneys, Companies, and Cases” • Mike Dodson: “Pioneers in Alabama Legal History: A Firm Understanding of the History of Alabama” • Courtney Cooper: “A Man in a Boy’s Coat: The Evolution of Alabama’s Constitutions” • Deirdra Drinkard: “The Uniform Beneath the Robe” • Ellie Campbell: “The ‘Breakthrough Verdict’: Strange v. State” A compelling new addition to the Legal History & Biography Series from Quid Pro Books.
Author: G. Edward White
Publisher: Oxford University Press
Release Date: 2013-12
A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
Author: Javier Martínez-Torrón
Publisher: Duncker & Humblot
Release Date: 1998-01-01
Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.
Author: Markus D. Dubber
Publisher: Oxford University Press
Release Date: 2018-08-02
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.