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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.

Marxism and Criminology

A History of Criminal Selectivity

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Valeria Vegh Weis

Winner of the 2017 Choice Outstanding Academic Title Award

In 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.

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Maurice Hauriou

Tradition in Social Science is the social philosophy written early in life by the jurisprudent who became the preeminent public law jurist in France in the first quarter of the twentieth century, Maurice Hauriou. His work remains prominent in theorizing European Community as well as in Latin American jurisprudence. His studies concern three areas of research: legal theory, social science, and philosophy. In this book Hauriou first focuses on the object and method of the social sciences in a preliminary chapter. The main text is devoted first to a philosophy of history that uses the growth objectively in fraternity, liberty and equality as the criterion for progress; and next to the subjective elements of progress, namely, the recognition of a “pessimistic individualism” in which failure in conduct is to be expected, but is rectified by social institutions. This part closes with the dynamizing of his philosophy of history by evolution and alternation between two phases of social development, namely, middle ages and renaissances. The second part is the philosophy of social science built around social matter, where the dynamic of imitation is the motive force, and three social networks—positive, religious, and metaphysical—specify its consequences. The last of these, the political fabric, is provided with a final chapter of its own. The main doctrinal device that Hauriou developed for use in law was his theory of the institution; this is developed for the first time in the present work.

The Methodology of Maurice Hauriou

Legal, Sociological, Philosophical

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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

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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

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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.

Marxism and Communism

Posthumous Reflections on Politics, Society, and Law

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Edited by Martin Krygier