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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.

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Jeannette Kamp

This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to that of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.

Series:

Manuel Lomas

The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.

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.

Wouter Druwé

Based on consilia and decisiones, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law ( ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.

Migrating Words, Migrating Merchants, Migrating Law

Trading Routes and the Development of Commercial Law

Series:

Edited by Stefania Gialdroni, Albrecht Cordes, Serge Dauchy, Dave De ruysscher and Heikki Pihlajamäki

Migrating Words, Migrating Merchants, Migrating Law examines the connections that existed between merchants’ journeys, the languages they used and the development of commercial law in the context of late medieval and early modern trade. The book, edited by Stefania Gialdroni, Albrecht Cordes, Serge Dauchy, Dave De ruysscher and Heikki Pihlajamäki, takes advantage of the expertise of leading scholars in different fields of study, in particular historians, legal historians and linguists. Thanks to this transdisciplinary approach, the book offers a fresh point of view on the history of commercial law in different cultural and geographical contexts, including medieval Cairo, Pisa, Novgorod, Lübeck, early modern England, Venice, Bruges, nineteenth century Brazil and many other trading centers.

Contributors are Cornelia Aust, Guido Cifoletti, Mark R. Cohen, Albrecht Cordes, Maria Fusaro, Stefania Gialdroni, Mark Häberlein, Uwe Israel, Bart Lambert, David von Mayenburg, Hanna Sonkajärvi, and Catherine Squires.

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Edited by Michał Gałędek and Anna Klimaszewska

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem.

Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

Samuel Pufendorf Disciple of Hobbes

For a Re-Interpretation of Modern Natural Law

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Fiammetta Palladini

Fiammetta Palladini’s work is one of the most important discussions of Pufendorf to appear in the latter part of the twentieth century. It cut through the existing field of Pufendorf studies, laying bare its inherited templates and tacit assumptions. Palladini was thus able to peel back the ‘Grotian’ commentary in which the great thinker had been shrouded, revealing a Pufendorf well-known in the 1680s—a formidable and dangerous natural jurist and political theorist—but doubly obscured in the 1980s and still today, by a philosophical history that flies too high to see him, and by a commentary literature that too often does not like what it sees. David Saunders’ remarkable translation carries Palladini’s argument into English with maximum fidelity.

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.