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Nobuto Yamamoto

In Censorship in Colonial Indonesia, 1901–1942 Nobuto Yamamoto examines the institutionalization of censorship and its symbiosis with print culture in the former Dutch colony. Born from the liberal desire to promote the well-being of the colonial population, censorship was not practiced exclusively in repressive ways but manifested in constructive policies and stimuli, among which was the cultivation of the “native press” under state patronage. Censorship in the Indies oscillated between liberal impulse and the intrinsic insecurity of a colonial state in the era of nationalism and democratic governance. It proved unpredictable in terms of outcomes, at times being co-opted by resourceful activists and journalists, and susceptible to international politics as it transformed during the Sino-Japanese war of the 1930s.

Law in West German Democracy

Seventy Years of History as Seen Through German Courts

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Hugh Ridley

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

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Hylkje de Jong

In Ἐντολή (mandatum) in den Basiliken Hylkje de Jong deals with the way the Byzantine jurists of the early period (6th and early 7th century) and later period (11th and 12th century) dealt with the law of mandate as they found this in respectively Justinian’s compilation and in the 9th century Basilica. Commonly characterised as consistent Byzantine dogmatics, the remarks of these Byzantine jurists appear to be in reality individual approaches, coloured by each jurist’s own methodology of interpreting.

Based upon the Basilica texts, the law of mandate is set out thematically: the mandate’s object, the liability of parties, actions, remunerations. De Jong proves convincingly that the Byzantine remarks provide a better understanding of Justinian Roman law.



In der Studie Ἐντολή (mandatum) in den Basiliken beschäftigt sich Hylkje de Jong mit der Art und Weise, wie sich die byzantinischen Juristen des 6. und frühen 7. aber auch des 11. und 12. Jahrhunderts mit dem Auftragsrechts befassten, das sie in Justinians Kompilation bzw. in den Basiliken des 9. Jahrhunderts fanden. Die Äußerungen dieser byzantinischen Juristen werden in der Regel als einheitliche byzantinische Rechtslehre aufgefasst, erweisen sich aber in Wirklichkeit als individuelle Ansätze, die von der Methodik des jeweiligen Juristen geprägt und gefärbt sind.

Basierend auf den Basilikentexten wird das Auftragsrecht thematisch dargestellt: Gegenstand des Mandats, Haftung der Parteien, Klagen, Vergütungen etc. Überzeugend weist De Jong nach, dass die byzantinischen Darlegungen ein besseres Verständnis des römischen Rechts von Justinian vermitteln.

International Law in the Long Nineteenth Century (1776-1914)

From the Public Law of Europe to Global International Law?

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Edited by Inge Van Hulle and Randall C.H. Lesaffer

International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.

Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline.

Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.

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Nesrine Badawi

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a ‘true’ interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.

Edited by Frank Grunert, Knud Haakonssen and Diethelm Klippel

Natural law changed its character in the post-Reformation period, mainly because it became an academic discipline. This institutionalisation happened first in Protestant countries but increasingly also in Catholic areas. In the hands of philosophers and jurists rather than theologians the subject served a wide variety of purposes in domestic, colonial, imperial and international politics, in judicial administration, legislation and reform, in social analysis and in the inculcation of social ethics. Although concerned with the foundations of morality, law and politics, early modern natural law was far from a coherent philosophical theory, but rather the framework for fundamental disputes. What kind of natural law was adopted in a given place and period was often a matter of local controversy in state, church and university. At the same time, natural law was characterised by extensive transnational networks.

Liberalism, Constitutional Nationalism, and Minorities

The Making of Romanian Citizenship, c. 1750–1918

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Constantin Iordachi

This book documents the making of Romanian citizenship from 1750 to 1918 as a series of acts of national self-determination by the Romanians, as well as the emancipation of subordinated gender, social, and ethno-religious groups. It focuses on the progression of a sum of transnational “questions” that were at the heart of North-Atlantic, European, and local politics during the long nineteenth century, concerning the status of peasants, women, Greeks, Jews, Roma, Armenians, Muslims, and Dobrudjans. The analysis emphasizes the fusion between nationalism and liberalism, and the emancipatory impact national-liberalism had on the transition from the Old Regime to the modern order of the nation-state. While emphasizing liberalism's many achievements, the study critically scrutinizes the liberal doctrine of legal-political “capacity” and the dark side of nationalism, marked by tendencies toward exclusion. It highlights the challenges nascent liberal democracies face in the process of consolidation and the enduring appeal of illiberalism in periods of upheaval, represented mainly by nativism. The book's innovative interdisciplinary approach to citizenship in the Ottoman and post-Ottoman Balkans and the richness of the sources employed, appeal to a diverse readership.

Constantin Iordachi teaches at the Central European University, Budapest. He has published widely on citizenship, nationalism and fascism. His most recent project is Martyrdom to Purification: The Fascist Faith of the Legion `Archangel Michael' in Romania, 1927-1941 (London: Routledge, forthcoming 2019).

T.M.C. Asser (1838-1913) (2 vols.)

'In Quest of Liberty, Justice, and Peace'

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Arthur Eyffinger

This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career.

Detailed Table of Contents.

Layout of the Book.

New Discourses in Medieval Canon Law Research

Challenging the Master Narrative

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Edited by Christof Rolker

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages.
Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

Reason and Fairness

Constituting Justice in Europe, from Medieval Canon Law to ECHR

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Ulrike Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.