HOLO Books: The Women's History Press – förlag

While there have been innumerable collections of humour in the courts, this is the first anthology of over 80 stories about disputes resolved without the aid of litigation. It reveals rich sources from old and new China, ancient Greece, Rome, Aesop's fables, medieval England and French vaudeville, as well as Shakespeare, Chaucer, the romantic novel and Stravinsky as arbitrator. What may surprise many is the role that women have played as arbitrators since history began.

Starting with the first substantial body of primary sources, the epics of Homer and Hesiod in the 7th century, and ending with the fall of Egypt to the Romans in 30BC, this volume describes and analyzes the development of mediation, arbitration and other ways of resolving disputes, other than litigation. New translations of more than three hundred primary sources allow you to decide for yourself whether the conclusions are valid. For the Greeks, mediation was the natural first step, the chosen third party taking the role of adjudicator only when efforts to produce a settlement had failed - and then swearing an oath and consciously adopting a different character. In some times and places, for example in Ptolemaic Egypt, the regular response of the authorities was to submit a claim to an administrative officer with the instructions: "Best to mediate; if not.." In Athens, too, in the 4th century BC, almost all civil claims went not to the courts but to public arbitrators, men who had just been relieved from military service in their 60th year. Inscriptions record their names and awards.Papyrus finds show private arbitration of construction disputes in 3rd century Egypt, with original documents startlingly like those in contemporary disputes.

Printed first in 1666, this source is both an instruction manual and plea for reform, comparing the positive potential of mediation and arbitration with the chicanery of contemporary litigation. It describes in detail some arbitrations of the period, with forms and precedents, practical examples and handy tips. The translation is intended to capture the salty and forceful style of the author, who recommends all kinds of threats and guile in his task of reconciliation and arbitration.

The authors provide the story of arbitration in Rome and its colonies from the earliest times to the codification of Justinian, with translations of all the sources.

On 20 June 1900, Baron von Ketteler, the German Minister, was assassinated in a Peking street. By 4pm the first shots were fired into the legation quarter and the siege of foreigners by Boxers and imperial troops had begun. Among the besieged were 148 women from America, Europe, Russia and Japan and Maud, the Baron's American widow. What were their experiences? How did they cope with their 79 children for two months, without enough to eat, often under fire? This book tells their story - of courage, grief, humour, friendship, ill-health, and hard work - mostly through their own accounts. It identifies the women for the first time as individuals: missionary teachers and doctors, "globe trotters", and the wives of diplomats, officials, railway engineers, merchants, bankers and the owner of the Peking Hotel.

This livret links legend and archaeology by writing and place, but does not neglect Crete's other women. Over the centuries they were subject to numerous violent changes of overlord - Mycenean, Roman, Byzantine, Saracen, Venetian, Ottoman - but somehow have emerged as Cretans.

A diary of a stay in Papua New Guinea. The author introduces the reader to the family cleaner - Margaret - her extended family, her unreliable husbands and her independent spirit. Then there is Kaman, the gardener, who has to be prised away from his creation so that his employers can enjoy it.

Thirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative method. In Part 1 the emphases are on law reform, human rights and peace, protection of the environment, and the relations between customary law and introduced state law. Part 2 illustrates a conviction that the study of language can illuminate legal problems. It combines historical researches, intended to explode the dangerous myth that the English common law can be transacted only in the English language, with justifications of, reports on and analyses of the creation of a Chinese Digest of the common law in Hong Kong. Part 3 tries to discover, describe and understand the historical development of methods of managing disputes. Part 4 makes suggestions about the relation of theory to practice.

Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions.The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.

From Homer to Jane Austen, storytellers have entertained their audiences with tales of women in disputes, as parties and peacemakers. This is our attempt to write their history, relying as far as possible on primary sources, documents which have survived by chance, never intended for our eyes by those who created and preserved them.In 534AD, the Roman emperor Justinian expressly forbade women to act as arbitrators. In the thirteenth century Saint Thomas Aquinas stated that 'woman is naturally subject to man, because in man the discretion of reason predominates'.Many have assumed that what was laid down as law or proclaimed as authority represented the reality. But women do not always do what men tell them they should. We have set out to find what has happened in practice over four thousand years, at least in Europe, beginning in the Bible and Ancient Greece and Rome, but thereafter concentrating on England, with regular references to the Continent.A chapter on Anglo-Saxon England shows the inextricable ties with the Continent among women of the highest rank, as do two of the four chapters that follow on the Middle Ages. Those women often mediated and arbitrated, but they also resolved disputes by a number of other ways. Then we show how common it was for titled women in England to resolve disputes. A chapter on 'untitled women' provides plenty of evidence of the regular resolution of their disputes. There is a digression then to Malta, to the records of a fifteenth-century notary, which tell the stories of women of every station and their disputes.England's greatest monarch, Elizabeth I supported women with free legal aid and her own personal intervention, in ways never since matched. The practice of submitting women's disputes to mediation and arbitration survived through the seventeenth century, dispite revolution, regicide, fire and plague. A tailpiece tells how a dispute concerning the will of Temperance Flowerdew, one of the earliest European settlers in the 'New World', was resolved by the English Privy Council. A chapter on the eighteenth century emphasises the English government's encouragement of mediation and arbitration. ending with how Mary Musgrove's mediation helped to establish the colony of Georgia, and two sections on France, one Pre-Revolutionary, one Revolutionary. They challenge others to explore developments in the North American colonies and France. The Conclusion widens that challenge.Lady Anne Clifford, a woman of infinite strength of will, has demanded the last word. She simply refused a royal command to submit to an arbitration which would have robbed her of the vast landholdings she held in her own right.

Our Early Modern period runs from 1700 to 1815. England was never at peace. The Act of Settlement 1701, whatever it did for the Constitution, did not end the fighting between English and Scots. Bonnie Prince Charlie was not seen off until Culloden in 1748. George Washington became president of a new country in 1789, the year of the French Revolution. Britain was intermittently at war with France or Spain. Yet the primary sources show that parties with disputes got on with their resolution in the same old ways, by arbitration and mediation.After an introduction, describing the social, economic, political and legal background, the individual documents which make up the primary sources are each examined, including court records, law reports, newspapers and memoirs. The practices of mediation and arbitration across various sectors of eighteenth-century England are explored. First the services offered by the State, primarily by Justices of the Peace but also by all the courts. Then the bulk of the work is devoted to private arbitration and mediation, including extensive sections on Commerce, Labour Relations, the London Theatre, Families and Property, Architects and Engineers, Sport and Betting, with an extended section devoted to the work of women. The lives of individuals in all strata of English society are revealed. Finally, a long chapter describes what has been called legalisation and professionalisation, showing the increasing involvement of lawyers.

A crater on the planet Mercury is named Maria de Dominici. Born in 1645, she was the first established Maltese woman artist. She, and other women in Maltese history, are little known about. But Malta is much more than Knights of St John and Second World War courage. This book tells their story through the waves of women who arrived in the archipelago of Malta and Gozo, starting with Sicilian farmers 7,000 years ago, and ranging through Phoenician, Roman, and Arab times, until women of European extraction, but speaking an Arabic-influenced language, established a Maltese identity. Best known of those who have made their mark are, perhaps, Mabel Strickland, newspaper proprietor, and Agatha Barbara, in 1982 first woman president of the independent Republic of Malta. But the lives of less-known women of all classes who flourished in the islands over the centuries have also been reconstructed here, from Betta Caloiro, accused of witchcraft, who died aged 89 in the Inquisitor's prison, to the Marchesa Bettina Dorell, with her grand palazzo at Gudja. Itineraries take the reader to those places.British women, such as Emma Hamilton, Hester Stanhope, Florence Nightingale and Vera Brittain, began arriving in Malta in 1800, during and after French Revolutionary occupation; and many settled there temporarily or permanently, from governors' wives dispensing charity to shopkeepers, hoteliers and teachers. As often as possible, the history of women in Malta and the places in which they had their being are told and described through the writing of women: archaeologists, historians, travellers, novelists and poets.

This collection of essays, lectures, tributes and reminiscences honours the life, work, influence and achievements of the late Professor Derek Roebuck (1935-2020). He was a scholar, teacher, lawyer, prolific author, researcher, editor, human rights activist, feminist and creator of a widely acclaimed ten-volume series chronicling the international history of arbitration and mediation from Ancient Greece to the 'Long' eighteenth century (1700-1815). The scholarly contributions embrace a wide variety of subjects and reflect the breadth of Derek's interests, learning and expertise. They include the rule of law, transnational and comparative commercial law, modernisation of laws in South East Asia, leading arbitration personalities in early modern England, two US-related commentaries (one on mediation and arbitration in colonial America by Derek, and one on the post-Civil War Alabama arbitration of 1871-1872), transparency and efficiency in modern international commercial arbitration, the role of modern mediation in resolving conflicts, and a literature review of Derek's histories.The diversity of Derek's interests and the esteem in which he was held are reflected in the broad array of contributions penned by colleagues, co-authors (including Derek's wife Susanna Hoe), students, friends and other contemporaries from an equally broad array of backgrounds. In addition to the scholarly contributions, the In Memoriam tributes reveal the depth and extent to which Derek influenced, guided, mentored and touched the lives of everyone he met.Also featured in this collection is a selection of papers presented as part of the Roebuck Lectures, a series inaugurated by the Chartered Institute of Arbitrators in 2011 to commemorate Professor Roebuck's ten years as Editor of its journal, Arbitration. Two of the featured lectures are published here for the first time. The lectures address subjects close to Professor Roebuck's heart, such as ethics, diversity, human rights and the historical development of dispute resolution processes. They also include his own Inaugural Lecture of 2011 calling for a fundamental rethink of dispute management.

Marianna Bussalai, the poet and anti-Fascist activist of the Barbagia region, wrote that she felt humiliated at school 'wondering why, in the history of Italy, Sardinia was never mentioned. I deduced that Sardinia was not Italty and had to have a separate history'. It is not surprising that islands tend to be different from the country to which they are in some way attached. But Sardinia's personality differs even more from that of Italy than one might expect. This book explores that difference through the island's women.Sardinia has been inhabited for longer than many European countries; of its earlier peoples, the best-known are the pre-historic Nuraghic. The hundreds of tall and mysterious megalithic towers which still grace the landscape are the most outward distinctive remnants of their civilisation. But it is from the myriad and tantalising clay statuettes found in ritual wells that it is possible to suggest aspects of women's lives. These are now in archaeological museums, such as that of Cagliari; many of the wells still exist.There followed invasions, colonisations and settlements - often bringing women exiles or landowners - by phoenicians, Carthaginians, Romans, Muslims, Catalans, Genoese, Pisans, Spaniards and Savoyards, until finally the island became part of a united Italy, But, as the Swede Amelie Posse-Brazdova, sentenced to exile in Alghero during the First World War, was to write, 'For many centuries the Sardinians had been so fooled and exploited by the Italians, especially the Genoese merchants, that in the end they began to look upon them as their worst enemies.'However much that enmity is now little evident, Sardinia is still very much its own place, with its own languages. This is true of Alghero with its distinctive aura of Catalan occupation, of Marianna Bussalai's always intransigent Barbagia, and of Oristano where perhaps Sardinia's only well-known historical woman, Eleanora d'Arborea, ruled as Giudicessa in the fourteenth century. Although still particularly revered, she epitomised the strong and advanced women, from peasants to poitical activists, who emerge here from those often turbulent centuries.

More Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'.Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

Arbitration and Mediation In Nineteenth-Century England rounds off Derek Roebuck’s series on the history of English arbitration, and is written by his collaborators on the previous volume, English Arbitration and Mediation in the Long Eighteenth Century, Francis Calvert Boorman and Rhiannon Markless. Arbitration remained a vital institution in nineteenth-century England and we investigate how the settlement of disputes changed from the end of the Napoleonic Wars to the Arbitration Act 1889. This was a period of upheaval in the demographics, society and economy of England. The booming population, coupled with urbanisation and the spread of factory production, created newly enriched industrialists, a burgeoning working class and squalid urban conditions. The spread of new technologies such as the railways increased mobility and brought new business organisations and opportunities. England’s production and international trade flourished, along with its imperial ambitions. All of these changes led to new forms of dispute to go with the age-old differences over land and debts, and within families. We explain how arbitration continued to be used and was adapted to suit novel and diverse challenges, including an overloaded legal system, the rise of anonymous credit transactions and an increasingly organised labour movement. We chart the relationship of arbitration to the legal profession and the commercial community, with their differing visions of how arbitration should be structured and regulated. We also describe the expanding use of arbitration as a tool of governance, increasingly included in statutes with both a local and national focus. Finally, we take an international perspective, considering how arbitration was touted as a method to bring peace between nations, but was also deployed in various aspects of the slave trade. Most importantly, we seek to elucidate the varied experiences of both parties, from aristocratic mine-owners to widowed businesswomen, and arbitrators. We show how these arbitrations differed by region and were affected by the gender and class of participants.Dr Francis Calvert Boorman is a historian of locality and London, as well as arbitration. He is editor of The Victoria History of Middlesex: St Clement Danes, 1660-1900 and has another book forthcoming on the Westminster parish of St George Hanover Square.Dr Rhiannon Markless is an archival researcher and legal historian. She is author of Gender, Crime and Discretion in Yorkshire, 1735-1775: Decision-Making and the Criminal Justice System.Francis and Rhiannon are co-authors, with Derek Roebuck, of English Arbitration and Mediation in the Long Eighteenth Century (HOLO Books: The Arbitration Press, 2019).ISBN 978-1-9196318-4-4

The Isle of Wight:Women, History, Books and Places does not contain a chapter about QueenVictoria and Osborne House, which are, perhaps, all some know about the Island. But somehow she sneaks into several chapters. Ifher daughter, Princess Beatrice, is known as her mother's companion, she may beless familiar as Governor of the Island, living in Carisbrooke Castle andresponsible for the foundation of the Carisbrooke Castle Museum, one of theIsland's jewels. She has her place in its history, as does her sister, artistand rebel Princess Louise. Given more space is Isabella de Fortibus, known as 'Ladyof the Isle'. She was the last Lord of the Island, ruling almost as a queenfrom Carisbrooke Castlein the 13th century, in defiance of the king the other side of the Solent. Before her was 9th century Queen Osburga, ofArreton Manor, mother of Alfred the Great. But the book is not only aboutroyalty, even though it includes visits from Russian, Austro- Hungarian, andFrench Empresses. The Island had earlierwithstood French invasions, following Romans who left their villas, two of themnow excavated and open to the public. The Island is sometimesknown as 'Dinosaur Isle', and that chapter begins the book, not so much aboutthe creatures, but those who hunted for, and found, their fossils. It has alsobeen called 'GhostIsland', and there areplenty of those, and of witches burnt at the stake, and smugglers - all aptlynamed 'Outsiders'. There is a chapter on 'Irregular Relations' which includes asmuggler who climbed her way to the top of French society via a royal Comte, andthe delightfully-named, fast-living, 16th century Dowsabel Mills, who also openeda girls school. Nuns and philanthropists find their place, as does a notable pioneerphotographer and a now recognised marine engineer, powerboat racers,aviatrixes, sailors, those campaigning for women's suffrage, and a spy or two,one of whom was nearly hanged. That is not to forget writers and artists suchas the French Impressionist Berthe Morisot. Her delicate and evocative watercolouris not only a memento of her 1875 Coweshoneymoon, but also adorns the book's cover.

The writing of history used to concentrate on narrative, analysis or theory. The historian stayed out of sight. This book is part of a more recent trend. Here, Susanna Hoe discusses her relationship to her material, the processes of research and writing, and her characters. She does so by exploring and sometimes comparing, the lives of Chinese and western women who have lived in China, Hong Kong and Macau, and links them not only to herself but also to contemporary women's issues, human rights and colonialism. "Chinese Footprints" is about the practice of history. The approach and style make it both accessible and teachable. The characters include 1930's civil and women rights campaigners Shi Liang, China's Minister of Justice 1949 to 1959, Agnes Smedley and Stella Benson, autobiographical writer Xiao Hong, revolutionary Soong Ching Ling, traveller Ella Maillart, philanthropist Clara Ho Tung, and Clara Elliot, who was part of the story of Hong Kong's cession to Britain in 1841.

This is the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. Primary sources, including private papers like the "Paston Letters", show how disputes were managed in practice. Mediation and arbitration were then natural and widespread. Their aim was to produce peace through compromise. Parties turned to the community for help: hundred and shire, magnates, city and borough guilds, university, the Church and the Jews. The king's Council and even Parliament offered mediation and arbitration. The scope included disputes not arbitrable today ownership of freehold land, status, even rape, murder and riot. Arbitration centres in London, York and Bristol offered services to all comers. Foreigners brought disputes with no connection to England. In 1484 a labourer, defended his interests in an arbitration arranged by the York authorities. The Mayor of Bristol kept an office open every day to arrange arbitrations. The Privy Council sat on a Sunday morning in February 1549 for that purpose.And women were parties almost as often as men - and occasionally mediators and arbitrators.