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National Socialist Family Law

The Influence of National Socialism on Marriage and Divorce Law in Germany and the Netherlands

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Mariken Lenaerts

In National Socialist Family Law, Mariken Lenaerts analyses the possible influence of National Socialism on marriage and divorce law in Germany and the Netherlands. As the family was regarded the germ-cell of the nation, the Nazis made many changes in German and Dutch marriage and divorce law to suit their purpose of a thousand-year Aryan Reich. By making extensive use of archival resources, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis and proves that although daily marital life in both countries was highly influenced by National Socialism, marriage and divorce law did not become National Socialist.

Listen to Lenaerts explaining about her project: https://www.youtube.com/watch?v=TINKR6xKyUQ.

In 2013 the book was awarded the Prix Fondation Auschwitz – Jacques Rozenberg.

Law and the Islamization of Morocco under the Almoravids

The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib

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Camilo Gómez-Rivas

Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.

Diverging Paths?

The Shapes of Power and Institutions in Medieval Christendom and Islam

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Edited by John Hudson and Ana Rodríguez

Diverging Paths? investigates an important question, to which the answers must be very complex: “why did certain sorts of institutionalisation and institutional continuity characterise government and society in Christendom by the later Middle Ages, but not the Islamic world, whereas the reverse end-point might have been predicted from the early medieval situation?” This core question lies within classic historiographical debates, to which the essays in the volume, written by leading medievalists, make significant contributions. The papers, drawing on a wide range of evidence and methodologies, span the middle ages, chronologically and geographically. At the same time, the core question relates to matters of strong contemporary interest, notably the perceived characteristics of power exercised within Islamic Middle Eastern regimes.
Contributors are Stuart Airlie, Gadi Algazi, Sandro Carocci, Simone Collavini, Emanuele Conte, Nadia El Cheikh, Maribel Fierro, John Hudson, Caroline Humfress, Michel Kaplan, Hugh Kennedy, Simon MacLean, Eduardo Manzano, Susana Naroztky, Annliese Nef, Vivien Prigent, Ana Rodríguez, Magnus Ryan and Bernard Stolte.

The History and Theory of Legal Practice in China

Toward a Historical-Social Jurisprudence

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Edited by Philip C.C. Huang and Kathryn Bernhardt

The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

Contributory Negligence

A Historical and Comparative Study

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Emanuel van Dongen

Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.

The Ẓāhirī Madhhab (3rd/9th-10th/16th Century)

A Textualist Theory of Islamic Law

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Amr Osman

In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab. Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra’y than to the Ahl al-Ḥadīth. Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab, which never actually developed into a full-fledged school of law. By examining the meaning of ‘ ẓāhir’ and modern scholarship on ‘literalism’, he challenges the view that Ẓāhirism was literalist, proposing ‘textualism’ as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.

The Twelve Years Truce (1609)

Peace, Truce, War and Law in the Low Countries at the Turn of the 17th Century

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Edited by Randall C.H. Lesaffer

The Twelve Years Truce of 9 April 1609 made a temporary end to the hostilities between Spain and the Northern Netherlands that had lasted for over four decades. The Truce signified a crucial step in the recognition of the Republic of the Northern Netherlands as a sovereign power. As the direct source of inspiration for the 1648 Peace of Munster the Truce is a crucial text in the formation of the early modern law of nations. As few other texts, it reflects the radical changes to the laws of war and peace from around 1600.
The Twelve Years Truce offers a collection of essays by leading specialists on the diplomatic and legal history of the Antwerp Truce of 1609. The first part covers the negotiation process leading up to the Truce. The second part collects essays on the consequences of the Truce on the state of war. In the third part, the consequences of the Truce for the sovereignty of the Northern and Southern Netherlands as well as it wider significance for the changing laws of war and peace of the age are scrutinised.

Well-Connected Domains

Towards an Entangled Ottoman History

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Edited by Pascal Firges, Tobias Graf, Christian Roth and Gülay Tulasoğlu

Well-Connected Domains offers a fresh perspective on the history of the Ottoman Empire as deeply connected to the world beyond its borders by way of trade, warfare and diplomacy, as much as intellectual exchanges, migration, and personal relations.
While for decades the Ottoman Empire has been portrayed as largely aloof and distant from - as well as disinterested in - developments abroad, this collection of essays edited by Pascal W. Firges, Tobias P. Graf, Christian Roth, and Gülay Tulasoğlu highlights the deep entanglement between the Ottoman realm and its European neighbors. Taking their starting points from individual case studies, the contributions offer novel interpretations of a variety of aspects of Ottoman history as well as new impulses for future research.

Contributors are: Sotirios Dimitriadis, Suraiya N. Faroqhi, Maximilian Hartmuth, Gábor Kármán, Aylin Koçunyan, Viorel Panaite, Nur Sobers-Khan, Michael Talbot, and Joshua M. White

Six Centuries of Criminal Law

History of Criminal Law in the Southern Netherlands and Belgium (1400-2000)

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Jos Monballyu

The first overview of the history of criminal law in the area that is currently within the territory of Belgium. Jos Monballyu treats both the sources of criminal law, the different judicial bodies that dealt with criminal issues, the general characteristics of the offences, the manifestations of the offences, the different punishments and their functions, the administration of criminal justice and, finally, some offences and their punishments in particular, namely suicide, witchcraft and press offences. All of these subjects are treated in such a manner that they can immediately be compared with the contents of similar standard works concerning the history of criminal justice in other countries.

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Spencer Dimmock

Incorporating original archival research and a series of critiques of recent accounts of economic development in pre-modern England, in The Origin of Capitalism in England, 1400-1600, Spencer Dimmock has produced a challenging and multi-layered account of a historical rupture in English feudal society which led to the first sustained transition to agrarian capitalism and consequent industrial revolution.

Genuinely integrating political, social and economic themes, Spencer Dimmock views capitalism broadly as a form of society rather than narrowly as an economic system. He firmly locates its beginnings with conflicting social agencies in a closely defined historical context rather than with evolutionary and transhistorical commercial developments, and will thus stimulate a thorough reappraisal of current orthodoxies on the transition to capitalism.