Studies in the History of Law and Justice – serie
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62 produkter
62 produkter
Del 15 - Studies in the History of Law and Justice
Armenian Massacres of 1915–1916 a Hundred Years Later
Open Questions and Tentative Answers in International Law
Häftad, Engelska, 2019
1 171 kr
Skickas inom 10-15 vardagar
This peer-reviewed book features essays on the Armenian massacres of 1915-1916. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state’s obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights.
Del 13 - Studies in the History of Law and Justice
Sensing the Nation's Law
Historical Inquiries into the Aesthetics of Democratic Legitimacy
Häftad, Engelska, 2019
1 123 kr
Skickas inom 10-15 vardagar
This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy.
Del 14 - Studies in the History of Law and Justice
Succession Law, Practice and Society in Europe across the Centuries
Häftad, Engelska, 2019
3 209 kr
Skickas inom 10-15 vardagar
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history.
Del 11 - Studies in the History of Law and Justice
Western Codification of Criminal Law
A Revision of the Myth of its Predominant French Influence
Häftad, Engelska, 2019
1 171 kr
Skickas inom 10-15 vardagar
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law.
Del 12 - Studies in the History of Law and Justice
Reconsidering Constitutional Formation II Decisive Constitutional Normativity
From Old Liberties to New Precedence
Häftad, Engelska, 2018
492 kr
Skickas inom 10-15 vardagar
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms.
Del 16 - Studies in the History of Law and Justice
Human Rights Redefining Legal Thought
The History of Human Rights Discourse in Finnish Legal Scholarship
Inbunden, Engelska, 2019
1 419 kr
Skickas inom 10-15 vardagar
This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Del 16 - Studies in the History of Law and Justice
Human Rights Redefining Legal Thought
The History of Human Rights Discourse in Finnish Legal Scholarship
Häftad, Engelska, 2020
1 419 kr
Skickas inom 10-15 vardagar
This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Del 17 - Studies in the History of Law and Justice
Liberty, Slavery and the Law in Early Modern Western Europe
Omnes Homines aut Liberi Sunt aut Servi
Inbunden, Engelska, 2020
1 311 kr
Skickas inom 10-15 vardagar
Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized.
Del 17 - Studies in the History of Law and Justice
Liberty, Slavery and the Law in Early Modern Western Europe
Omnes Homines aut Liberi Sunt aut Servi
Häftad, Engelska, 2021
1 311 kr
Skickas inom 10-15 vardagar
Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized.
Del 18 - Studies in the History of Law and Justice
Comparing Transitions to Democracy. Law and Justice in South America and Europe
Inbunden, Engelska, 2021
1 559 kr
Skickas inom 10-15 vardagar
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis.Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Del 18 - Studies in the History of Law and Justice
Comparing Transitions to Democracy. Law and Justice in South America and Europe
Häftad, Engelska, 2022
1 559 kr
Skickas inom 10-15 vardagar
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis.Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Del 19 - Studies in the History of Law and Justice
Doing Justice In Wartime
Multiple Interplays between Justice and Populations during the Two World Wars
Inbunden, Engelska, 2021
1 745 kr
Skickas inom 10-15 vardagar
This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and ‘the justice system’ (police, judiciary and professionals working in the prison service) on the other.
Del 19 - Studies in the History of Law and Justice
Doing Justice In Wartime
Multiple Interplays between Justice and Populations during the Two World Wars
Häftad, Engelska, 2022
1 745 kr
Skickas inom 10-15 vardagar
This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and ‘the justice system’ (police, judiciary and professionals working in the prison service) on the other.
Del 20 - Studies in the History of Law and Justice
Protecting the Fatherland: Lawsuits and Political Debates in Jülich, Hesse-Cassel and Brittany (1642-1655)
Inbunden, Engelska, 2021
492 kr
Skickas inom 10-15 vardagar
Further, it rejects the notion of deliberate state-building and demonstrates that the nobility used this terminology to object to princely politics as part of adopting a “presupposed office.” This status allowed the nobility to place itself outside the ruler-subject constellation and critique the situation.
Del 20 - Studies in the History of Law and Justice
Protecting the Fatherland: Lawsuits and Political Debates in Jülich, Hesse-Cassel and Brittany (1642-1655)
Häftad, Engelska, 2021
395 kr
Skickas inom 10-15 vardagar
Further, it rejects the notion of deliberate state-building and demonstrates that the nobility used this terminology to object to princely politics as part of adopting a “presupposed office.” This status allowed the nobility to place itself outside the ruler-subject constellation and critique the situation.
Del 21 - Studies in the History of Law and Justice
Empire, Humanism and Rights
Collected Essays on Francisco de Vitoria
Inbunden, Engelska, 2021
1 745 kr
Skickas inom 10-15 vardagar
This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor.Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.
Del 21 - Studies in the History of Law and Justice
Empire, Humanism and Rights
Collected Essays on Francisco de Vitoria
Häftad, Engelska, 2022
1 745 kr
Skickas inom 10-15 vardagar
This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor.Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.
Del 22 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 1: From Plato to Rousseau
Inbunden, Engelska, 2023
2 239 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 22 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 1: From Plato to Rousseau
Häftad, Engelska, 2024
2 239 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 23 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 2: From Kant to Nietzsche
Inbunden, Engelska, 2023
2 433 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 23 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 2: From Kant to Nietzsche
Häftad, Engelska, 2024
2 433 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 24 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 3: From Ross to Dworkin and Beyond
Inbunden, Engelska, 2023
2 239 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 24 - Studies in the History of Law and Justice
Handbook of the History of the Philosophy of Law and Social Philosophy
Volume 3: From Ross to Dworkin and Beyond
Häftad, Engelska, 2024
2 239 kr
Skickas inom 10-15 vardagar
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Del 25 - Studies in the History of Law and Justice
Constitutional History of Transylvania
Inbunden, Engelska, 2023
1 753 kr
Skickas inom 10-15 vardagar
This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance.
Del 25 - Studies in the History of Law and Justice
Constitutional History of Transylvania
Häftad, Engelska, 2024
1 753 kr
Skickas inom 10-15 vardagar
This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance.
Del 26 - Studies in the History of Law and Justice
Equality and Vulnerability in the Context of Italian Political Philosophy
Italian Efficacy
Inbunden, Engelska, 2023
1 378 kr
Skickas inom 10-15 vardagar
One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories.The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness.The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific,contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”).The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
Del 26 - Studies in the History of Law and Justice
Equality and Vulnerability in the Context of Italian Political Philosophy
Italian Efficacy
Häftad, Engelska, 2024
1 378 kr
Skickas inom 10-15 vardagar
One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories.The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness.The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific,contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”).The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.
Del 27 - Studies in the History of Law and Justice
Construction, Sources, and Implications of Consensualism in Contract
Lesson from France
Inbunden, Engelska, 2023
1 552 kr
Skickas inom 7-10 vardagar
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources.
Del 27 - Studies in the History of Law and Justice
Construction, Sources, and Implications of Consensualism in Contract
Lesson from France
Häftad, Engelska, 2024
1 559 kr
Skickas inom 10-15 vardagar
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources.
Del 28 - Studies in the History of Law and Justice
Reception of Positivism in Spain
Pedro Dorado Montero
Inbunden, Engelska, 2023
1 365 kr
Skickas inom 10-15 vardagar
Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero’s proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries.In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed.Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic’ label which traditional historiography has applied to him.In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism’ is explored.Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.