While comparative constitutional
law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional
history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts.
Contributors include: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Sanaa Alsarghali, Margit Cohn, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, Fabian Duessel, and Elena Ferioli
Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and their options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation.
The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries.
Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnórsdóttir, John Asland, Knut Dørum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Már Jónsson, Mia Korpiola, Gabriela Bjarne Larsson, Auður Magnúsdóttir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.
In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.
Other titles published in this series:
- Economic Consequences of Divorce in Korea,
Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture,
Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach,
Clara Chapdelaine-Feliciati; isbn 9789004330870
The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been?
Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle,
spillover effects and
Winner of the 2017 Choice Outstanding Academic Title Award
Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.
Politics of Honor, Başak Tuğ examines moral and gender order through the glance of legal litigations and petitions in mid-eighteenth century Anatolia. By juxtaposing the Anatolian petitionary registers, subjects’ petitions, and Ankara and Bursa court records, she analyzes the institutional framework of legal scrutiny of sexual order. Through a revisionist interpretation, Tuğ demonstrates that a more bureaucratized system of petitioning, a farther hierarchically organized judicial review mechanism, and a more centrally organized penal system of the mid-eighteenth century reinforced the existing mechanisms of social surveillance by the community and the co-existing “discretionary authority” of the Ottoman state over sexual crimes to overcome imperial anxieties about provincial “disorder”.
Crime is men’s business, isn’t it? Women are responsible for 10 percent of crime in Europe. Yet, if we look at the Dutch Republic in the early modern period, we find that in the towns of Holland women played a much larger role in crime. In a number of early modern towns about half of the criminals convicted in court were women. These women were in vulnerable positions and thus more likely to become involved in crime. They also had a relatively independent status and led remarkably public lives. Manon van der Heijden convincingly shows that it is the very combination of women’s vulnerability and independence that accounts for the high female crime rates in Holland between 1600 and 1800.
The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.