Browse results

You are looking at 1 - 10 of 24 items for :

  • International Law x
  • Brill | Rodopi x
Clear All

Series:

Edited by Eddy Souffrant

A Future without Borders (FWB) offers an explanation of why the recent, but by now distant, movements of the “Occupy Wall Street” activists have repeated themselves across the globe. The book demonstrates some of the processes inherent to an adapting cosmopolitanism (a call for civility, a call for Justice, a call for a collective responsibility or accountability) that is not individualistic in nature.
Until recently, the statal/national problems understood as politico-economic failures were conceived as isolated problems, failures of statal institutions that are particular to certain countries. FWB contests the Westphalian logic that explains these circumstances, as national failures and argues instead that the conditions be assessed as extensions of the global economic and ideological failures that they surely are.

Contributors are: Anton Allahar, Arnold Farr, Andrew Fiala, Pierre-André Gagnon, Bill Gay, Kurtis Hagen, Linden F. Lewis, Tracey Nicholls, Richard T. Peterson, Jorge Rodriguez, Eddy M. Souffrant, and Hilbourne A. Watson.     



The Methodology of Maurice Hauriou

Legal, Sociological, Philosophical

Series:

Christopher Berry Gray

This book shows that Hauriou’s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou’s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.

Evil, Law and the State

Perspectives on State Power and Violence

Edited by John T. Parry

The topic of “evil” means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil –in whatever way we define the term – the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power.
The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes.

Sites of Discourse – Public and Private Spheres – Legal Culture

Papers from a Conference Held at the Technical University of Dresden, December 2001

Edited by Uwe Böker and Julie A. Hibbard

The present collection of essays grew out of a conference, held in Dresden in December 2001, exploring the relationship between the public sphere and legal culture. The conference was held in connection with the ongoing research undertaken by the Sonderforschungsbereich 537 ‘Institutionalisation and Historical Change’ and, in particular, by the project ‘Circulation of Legal Norms and Values in British Culture from 1688 to 1900’.
The conference papers include essays on the theory of the public sphere from a systematic and historical point of view by Gert Melville, by Peter Uwe Hohendahl and by Jürgen Schlaeger, all of whom try to re-evaluate and/or improve upon Jürgen Habermas’ seminal contribution to the discussion of the emergence of modernism. Alastair Mann’s contribution investigates the situation in Scotland, particularly censorship and the oath of allegiance; Annette Pankratz focuses on the king’s body as a site of the public sphere; Heinz-Joachim Müllenbrock looks into the widespread ‘culture of contention’ at the beginning of the eighteenth century; and Eckhart Hellmuth considers the reform movement at the end of the century and the radical democrats’ insistence on the right to discuss the constitution.
Ian Bell, who took part in the conference, suggested the inclusion of part of the first chapter of his seminal study Literature and Crime in Augustan England (1991). Beth Swan, Anna-Christina Giovanopoulos, and Christoph Houswitschka respectively analyse the ideologies of justice, the interrelation between journalism and crime, and the juridical evaluation of the crime of incest and its representation in public. Greta Olson investigates keyholes as liminal spaces between the public and the private, Juliet Wightman focuses on theatre and the bear pit, Uwe Böker examines the court room and prison as public sites of discourse, and York-Gothart Mix discusses the German emigrant culture in North America.

Raymond J.S. Grant

The Old English manuscript whose charred and burnt remains are now MS BL Cotton Otho B. xi was written at Winchester during the reign of Æthelred, partly in the middle of the tenth century and partly about the middle of the first half of the eleventh. In its pristine state it contained Anglo-Saxon texts of some importance, including a collection of laws. Unfortunately, the manuscript fell victim to the Cottonian fire of 1731 and was largely destroyed. Before the fire, however, in 1562, Otho B. xi was transcribed practically in its entirety by the antiquarian Laurence Nowell, whose work formed the basis for the printed edition of the Anglo-Saxon Laws contained in William Lambarde's Archaionomia of 1568.
The present edition offers a brief discussion of the laws of the Anglo-Saxons as they survive in manuscripts and printed editions and then concentrates on the work of Nowell and Lambarde. Two Laurence Nowells and at least three Nowell transcripts of Cotton Otho B. xi are known to modern scholarship and require consideration before proceeding to an edition of what can be reconstructed of MS BL Cotton Otho B. xi.
The texts of the law codes known as II Athelstan, V Athelstan, Iudex, and Alfred and Ine found originally in MS BL Cotton Otho B.xi are printed from the Nowell transcript contained in MS BL Additional 43703, while on facing pages the corresponding passages from Lambarde's Archaionomia are reproduced. Variants from the other Nowell transcripts of the same texts are noted, manuscript relations are discussed in an appendix, and a select bibliography is offered.
The importance of the present edition is that it makes it easier to compare the Otho B. xi text and Lambarde's printed version than is possible with Felix Liebermann's Die Gesetze der Angelsachsen. Comparison of the Nowell and Lambarde texts with one another shows that there can be little doubt that Lambarde for his Archaionomia used Otho B. xi or a transcript of it made by Nowell Comparison of the Nowell and Lambarde texts with the other extant manuscript and printed versions casts some further light on the relations between the surviving law codes of the Anglo-Saxons.

Ryszard Piotrowicz

The book analyses the most important international and domestic legal aspects of German unification. Part One (Chapter one-five) contains a general introduction then deals with international issues: the status of Germany from 1945 to the present day; the German borders are examined then issues of state succession and self-determination are discussed in the context of unification. Part Two (Chapters six-nine) deals with domestic matters: property issues in the former East Germany, feminism after unification (dealing principally with the abortion issue), the prosecution of former East German citizens for offences relating to the security of East Germany, and the reform of the asylum law. The aim is to give the reader an overview of the most controversial and problematic issues of German unification.

William Pencak

The world's longest lasting republic between ancient Rome and modern Switzerland, medieval Iceland (c. 870-1262) centered its national literature, the great family sagas, around the problem of can a republic survive and do justice to its inhabitants. The Conflict of Law and Justice in the Icelandic Sagas takes a semiotic approach to six of the major sagas which depict a nation of free men, abetted by formidable women, testing conflicting legal codes and principles - pagan v. Christian, vengeance v. compromise, monarchy v. republicanism, courts v. arbitration. The sagas emerge as a body of great literature embodying profound reflections on political and legal philosophy because they do not offer simple solutions, but demonstrate the tragic choices facing legal thinkers (Njal), warriors (Gunnar), outlaws (Grettir), women (Gudrun of Laxdaela Saga), priests (Snorri of Eyrbyggja Saga), and the Icelandic community in its quest for stability and a good society. Guest forewords by Robert Ginsberg and Roberta Kevelson, set the book in the contexts of philosophy, semiotics, and Icelandic studies to which it contributes.

Rational Individualism

The Perennial Philosophy of Legal Interpretation

Roger T. Simonds

This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.

In Search of Justice

The Indiana Tradition in Speech Communication

Edited by Richard J. Jensen and John C. Hammerback