The American Indian in Western Legal Thought

Author: Robert A. Williams Jr.
Publisher: Oxford University Press
ISBN: 0198021739
Release Date: 1992-11-26
Genre: Law

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

The Formation and Transmission of Western Legal Culture

Author: Serge Dauchy
Publisher: Springer
ISBN: 9783319455679
Release Date: 2016-12-01
Genre: Law

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Money in the Western Legal Tradition

Author: Wolfgang Ernst
Publisher: Oxford University Press
ISBN: 9780198704744
Release Date: 2016-01-28
Genre: Money

Money in the Western Legal Tradition is the first book to undertake a history of monetary law from the High Middle Ages through to the middle of the 20th century. It spans the two great Western legal traditions: the common law of the Anglo-American legal world, and the civil law systems of continental Europe. It analyses the law governing the payment of money in finance, loan and sale transactions as it has been understood by legal scholars and legalpractitioners of the past 800 years. The book aims to go beyond the many accounts of money already given by numismatists and economic historians. It analyses the distinctive concepts of money applied by legalpractitioners and scholars, and shows how they have been enforced private transactions throughout the period.Money in the Western Legal Tradition develops a connected thematic structure, even though the chapters are written by different specialist authors. The book aims to set the legal doctrines against the background of monetary practice in which they developed.

The Prince and the Law 1200 1600

Author: Kenneth Pennington
Publisher: Univ of California Press
ISBN: 0520913035
Release Date: 1993-06-03
Genre: History

The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

Medieval Church Law and the Origins of the Western Legal Tradition

Author: Kenneth Pennington
Publisher: CUA Press
ISBN: 9780813214627
Release Date: 2006
Genre: History

In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.

Law and Revolution the Formation of the Western Legal Tradition

Author: Harold J. Berman
Publisher: Harvard University Press
ISBN: 0674020855
Release Date: 2009-06-01
Genre: Law

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

The Origins of the Western Legal Tradition

Author: Ellen Goodman
Publisher: Federation Press
ISBN: 1862871817
Release Date: 1995-01
Genre: Law

Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.

Abortion and Divorce in Western Law

Author: Mary Ann Glendon
Publisher: Harvard University Press
ISBN: 0674001613
Release Date: 1987
Genre: Law

Compares U.S. laws on divorce and abortion with those in twenty Western nations and suggests improvements to current American practices.

Globalisation and the Western Legal Tradition

Author: David B. Goldman
Publisher: Cambridge University Press
ISBN: 9781139467353
Release Date: 2008-02-07
Genre: Law

What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

Western Legal Traditions

Author: Martin Vranken
Publisher:
ISBN: 176002029X
Release Date: 2015
Genre: Civil law

The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.

Law and Revolution the Formation of the Western Legal Tradition

Author: Harold J. Berman
Publisher: Harvard University Press
ISBN: 0674020855
Release Date: 2009-06-01
Genre: Law

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

The Criminalization of Abortion in the West

Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 9780801464621
Release Date: 2017-06-01
Genre: Social Science

Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

Cecil Poole

Author: James Haskins
Publisher: Ninth Judicial Circuit
ISBN: 0963508628
Release Date: 2002-01-01
Genre: Law

Describes the life of Cecil Pool, the first African American U.S. Attorney in the continental United States and the first black judge of the U.S. District Court for the Northern District of California.

Western Legal Theory

Author: Augusto Zimmermann
Publisher: Butterworth-Heinemann
ISBN: 0409333182
Release Date: 2013
Genre: Jurisprudence

Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.