The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature.
The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it.
Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management.
Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought.
Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old.
Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition.
Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.
The European Commission of the Danube, 1856-1948 Constantin Ardeleanu offers a history of the world’s second international organisation, an innovative techno-political institution established by Europe’s Concert of Powers to remove insecurity from the Lower Danube. Delegates of rival empires worked together to ‘correct’ a vital European transportation infrastructure, and to complete difficult hydraulic works they gradually transformed the Commission into an actor of regional and international politics. As an autonomous and independent organ, it employed a complex transnational bureaucracy and regulated shipping along the Danube through a comprehensive set of internationally accepted rules and procedures. The Commission is portrayed as an effective experimental organisation, taken as a model for further cooperation in the international system.
Knowledge of the pragmatici sheds new light on pragmatic normative literature (mainly from the religious sphere), a genre crucial for the formation of normative orders in early modern Ibero-America. Long underrated by legal historical scholarship, these media – manuals for confessors, catechisms, and moral theological literature – selected and localised normative knowledge for the colonial worlds and thus shaped the language of normativity.
The eleven chapters of this book explore the circulation and the uses of pragmatic normative texts in the Iberian peninsula, in New Spain, Peru, New Granada and Brazil. The book reveals the functions and intellectual achievements of pragmatic literature, which condensed normative knowledge, drawing on medieval scholarly practices of ‘epitomisation’, and links the genre with early modern legal culture.
Contributors are: Manuela Bragagnolo, Agustín Casagrande, Otto Danwerth, Thomas Duve, José Luis Egío, Renzo Honores, Gustavo César Machado Cabral, Pilar Mejía, Christoph H. F. Meyer, Osvaldo Moutin, and David Rex Galindo.
Learning Law and Travelling Europe, Marianne Vasara-Aaltonen offers an exciting account of the study journeys of Swedish lawyers in the early modern period. Based on archival sources and biographical information, the study delves into the backgrounds of the law students, their travels through Europe, and their future careers.
In seventeenth-century Sweden, the state-building process was at its height, and trained officials were desperately needed for the administration and judiciary. The book shows convincingly that the studies abroad of future lawyers were intimately linked to this process, whereas in the eighteenth century, study journeys became less important. By examining the development of the Swedish early modern legal profession, the book also represents an important contribution to comparative legal history.
In the early modern period women played a prominent role in crime. At times they even made up half of all defendants. Female criminality was a typically urban phenomenon. Why do we find so many women before the Dutch criminal courts?
Prosecuting Women Ariadne Schmidt analyses the relation between female crime and the urban context by comparing prosecution patterns in various Dutch cities.
Prosecuting Women looks beyond the bare figures, examines the personal circumstances of criminal women and shows how women's illegal activities were linked to the socio-economic context of the locality and varied over time. The local interplay between actual crime and the responses of the authorities gave every city a location-specific dynamic in its pattern of prosecuted crime.