Darker Legacies of Law in Europe

Author: Christian Joerges
Publisher: Hart Publishing
ISBN: 9781841133102
Release Date: 2003
Genre: Law

Majority of papers were first presented at a conference at the European University Institute in Sept. 2000, the others in subsequent series of seminars in 2001.

Gender Equality in Law

Author: Barbara Havelková
Publisher: Bloomsbury Publishing
ISBN: 9781509905850
Release Date: 2017-06-01
Genre: Law

"In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Legal Histories of the British Empire

Author: Shaunnagh Dorsett
Publisher: Routledge
ISBN: 9781317915744
Release Date: 2014-04-24
Genre: History

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

International Law on the Left

Author: Susan Marks
Publisher: Cambridge University Press
ISBN: 9781139470728
Release Date: 2008-03-20
Genre: Law

Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation.

Codification Macaulay and the Indian Penal Code

Author: Barry Wright
Publisher: Routledge
ISBN: 9781317164869
Release Date: 2016-05-23
Genre: Law

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

The Legacies of Law

Author: Associate Professor of International Relations Jens Meierhenrich
Publisher:
ISBN: 0511438729
Release Date: 2014-05-14
Genre: Apartheid

Focusing on South Africa from 1650?2000, Meierhenrich examines how law structures democracy in changing societies.

The Legacies of Law

Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 9781139475174
Release Date: 2008-10-13
Genre: Political Science

Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.

War Peace and International Order

Author: Maartje Abbenhuis
Publisher: Taylor & Francis
ISBN: 9781315447797
Release Date: 2017-02-24
Genre: History

The exact legacies of the two Hague Peace Conferences remain unclear. On the one hand, diplomatic and military historians, who cast their gaze to 1914, traditionally dismiss the events of 1899 and 1907 as insignificant footnotes on the path to the First World War. On the other, experts in international law posit that The Hague’s foremost legacy lies in the manner in which the conferences progressed the law of war and the concept and application of international justice. This volume brings together some of the latest scholarship on the legacies of the Hague Peace Conferences in a comprehensive volume, drawing together an international team of contributors.?

Legacies and Change in Polar Sciences

Author: Dr Jessica M Shadian
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409499091
Release Date: 2013-03-28
Genre: Political Science

Providing case study analyses of the politics of science in and around the International Polar Year of 2007–2008, this volume makes a distinct contribution to ongoing research focusing on the relationship between science, international politics, law and history. The contributors combine both interdisciplinary and multi-theoretical approaches to engage directly with the most recent debates in international relations scholarship, to include discussions of arctic climate change, governance issues, reflections on the Antarctic Treaty and the science–geopolitics interface amongst others. This is the first comprehensive account to look explicitly at the relationship between global politics and science through an account of the International Polar Years.

Legacy of Violence

Author: John D. Bessler
Publisher: U of Minnesota Press
ISBN: 0816638101
Release Date: 2003
Genre: Social Science

"The first comprehensive history of lynchings and state-sanctioned executions in Minnesota. Minnesota is one of only twelve states that does not allow the death penalty, but that was not always the case. In fact, until 1911 executions in the state were legal and frequently carried out. In Legacy of Violence, John D. Bessler takes us on a compelling journey through the history of lynchings and state-sanctioned executions that dramatically shaped Minnesota's past." "Through personal accounts of those involved with the events, Bessler traces the history of both famous and lesser-known executions and lynchings in Minnesota, the state's anti-death penalty and anti-lynching movements, and the role of the media in the death penalty debate. Bessler reveals Abraham Lincoln' thoughts as he ordered the largest mass execution in U. S. history of thirty-eight Indians in Mankato after the Dakota Conflict of 1862. He recounts the events surrounding the death of Ann Bilansky, the only woman ever executed in Minnesota, and the infamous botched hanging of William Williams, which led to renewed calls for the abolition of capital punishment. He tells the story of the 1920 lynching in Duluth of three African-Americans circus workers - wrongfully accused of rape - and the anti-lynching crusade that followed. The significant role that Minnesota played in America's transformation to private, after-dark executions is presented in the discussion of the "midnight assassination law."" "Bessler's account is made more timely by thirty-five hundred people on death row in America today - more than at any other time in our nation's history. Is Minnesota's current approach superior to that of states that have capital punishment? Bessler looks at Minnesota history to ask whether the application of the death penalty can truly solve the problem of violence in America."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Legacies of the Permanent Court of International Justice

Author: Christian J. Tams
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004244931
Release Date: 2013-01-09
Genre: Law

'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.

Legacies of Fear

Author: Frank Murray Greenwood
Publisher: University of Toronto Press
ISBN: 0802069746
Release Date: 1993
Genre: History

Many people assume that a French-English cleavage has always existed and historians have been uncertain as to just how it unfolded. This book provides the answer. Greenwood re-creates a Quebec in which trust between French and English Canadians was an early casualty of the execution of Louis XVI and the descent of the French Revolution through terror into war. Fearing invasion, the English community, through the law officers of the crown, drafted draconian legislation and established an efficient counter-intelligence service. Lower Canada in these years was a hotbed of spies and counter-intelligence, highlighted by the trial for high treason of an American undercover agent for revolutionary France. Placing the legal history of Quebec in the foreground of these dangerous and dramatic events, Greenwood reveals this period as a turning point that altered not only French-English relations but Canada's legal and constitutional inheritance. While the focus is on legal and political history, the narrative also details intellectual, military, social, and economic developments. The author pursues many dynamic themes of the period including the riots among working people in the 1790s; the differences in judicial behaviour when security matters were at stake; the setting up of the first formal counter-intelligence service, and issues related to the suspension of habeas corpus. Murray Greenwood is one of Canada's finest legal historians. In this work his wide perspective, supported by extensive documentation, brings new evidence and insight to a formative and somewhat neglected period in Canada's history.

Hybrid Constitutions

Author: Vicki Hsueh
Publisher: Duke University Press
ISBN: 9780822391616
Release Date: 2010-01-06
Genre: Political Science

In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Law s Fragile State

Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 9781107026070
Release Date: 2013-05-27
Genre: Law

Uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.