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Explaining Law

Macrosociological Theory and Empirical Evidence

Series:

Larry D. Barnett

Sociologist-lawyer Larry D. Barnett advances the macrosociological thesis that, in nations that are structurally complex and democratically governed, concepts and doctrines of law on society-central social activities are fashioned by society-level conditions, not by particular (or even prominent) individuals. Because a substantial body of social science research has found that law in a modern nation does not have a large, permanent effect on the frequency of such activities, the book contends that the content of law on the activities is a product, not a determinant, of the society in which the law exists. Explaining Law bolsters this contention with several original studies, and illustrates types of quantitative evidence that can be used to build a macrosociological theory of law.

A Gateway between a Distant God and a Cruel World

The Contribution of Jewish German-Speaking Scholars to International Law

Series:

Reut Yael Paz

Through a collective biographical methodology of four scholars (Hans Kelsen, Hans J. Morgenthau, Hersch Lauterpacht and Erich Kaufmann) this book investigates how Jewish identity and intellectual ties to Judaic civilisation in the German speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, inter alia, a particular Jewish legal approach that ‘made’ their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity’s differences need to be solved through the law.

Laws, Lawyers and Texts

Studies in Medieval Legal History in Honour of Paul Brand

Series:

Edited by Susanne Jenks, Jonathan Rose and Christopher Whittick

The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests.
Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis.

*Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/