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Series:

Ryszard Piotrowicz

The book analyses the most important international and domestic legal aspects of German unification. Part One (Chapter one-five) contains a general introduction then deals with international issues: the status of Germany from 1945 to the present day; the German borders are examined then issues of state succession and self-determination are discussed in the context of unification. Part Two (Chapters six-nine) deals with domestic matters: property issues in the former East Germany, feminism after unification (dealing principally with the abortion issue), the prosecution of former East German citizens for offences relating to the security of East Germany, and the reform of the asylum law. The aim is to give the reader an overview of the most controversial and problematic issues of German unification.

Series:

Raymond J.S. Grant

The Old English manuscript whose charred and burnt remains are now MS BL Cotton Otho B. xi was written at Winchester during the reign of Æthelred, partly in the middle of the tenth century and partly about the middle of the first half of the eleventh. In its pristine state it contained Anglo-Saxon texts of some importance, including a collection of laws. Unfortunately, the manuscript fell victim to the Cottonian fire of 1731 and was largely destroyed. Before the fire, however, in 1562, Otho B. xi was transcribed practically in its entirety by the antiquarian Laurence Nowell, whose work formed the basis for the printed edition of the Anglo-Saxon Laws contained in William Lambarde's Archaionomia of 1568.
The present edition offers a brief discussion of the laws of the Anglo-Saxons as they survive in manuscripts and printed editions and then concentrates on the work of Nowell and Lambarde. Two Laurence Nowells and at least three Nowell transcripts of Cotton Otho B. xi are known to modern scholarship and require consideration before proceeding to an edition of what can be reconstructed of MS BL Cotton Otho B. xi.
The texts of the law codes known as II Athelstan, V Athelstan, Iudex, and Alfred and Ine found originally in MS BL Cotton Otho B.xi are printed from the Nowell transcript contained in MS BL Additional 43703, while on facing pages the corresponding passages from Lambarde's Archaionomia are reproduced. Variants from the other Nowell transcripts of the same texts are noted, manuscript relations are discussed in an appendix, and a select bibliography is offered.
The importance of the present edition is that it makes it easier to compare the Otho B. xi text and Lambarde's printed version than is possible with Felix Liebermann's Die Gesetze der Angelsachsen. Comparison of the Nowell and Lambarde texts with one another shows that there can be little doubt that Lambarde for his Archaionomia used Otho B. xi or a transcript of it made by Nowell Comparison of the Nowell and Lambarde texts with the other extant manuscript and printed versions casts some further light on the relations between the surviving law codes of the Anglo-Saxons.

Royal Police Ordinances in Early Modern Sweden

The Emergence of Voluntaristic Understanding of Law

Series:

Toomas Kotkas

Royal Police Ordinances in Early Modern Sweden offers a comprehensive account of the legal regulation of 16th- and 17th-century Swedish society. In comparison to present-day usage, during the early modern period the term ‘police’ had a broader meaning. It referred to ‘good societal order’ covering a variety of areas of societal life such as public finances, commerce, professions, infrastructure, public health and poor relief, public morality, public security, and so on.
Through an analysis of a large body of ordinances Toomas Kotkas claims that in 17th-century Sweden a new, voluntaristic understanding of law emerged. Royal police ordinances were no longer perceived merely as a means of enforcing older medieval law but instead as an instrument of directing society towards aspired-to goals.

Series:

William Pencak

The world's longest lasting republic between ancient Rome and modern Switzerland, medieval Iceland (c. 870-1262) centered its national literature, the great family sagas, around the problem of can a republic survive and do justice to its inhabitants. The Conflict of Law and Justice in the Icelandic Sagas takes a semiotic approach to six of the major sagas which depict a nation of free men, abetted by formidable women, testing conflicting legal codes and principles - pagan v. Christian, vengeance v. compromise, monarchy v. republicanism, courts v. arbitration. The sagas emerge as a body of great literature embodying profound reflections on political and legal philosophy because they do not offer simple solutions, but demonstrate the tragic choices facing legal thinkers (Njal), warriors (Gunnar), outlaws (Grettir), women (Gudrun of Laxdaela Saga), priests (Snorri of Eyrbyggja Saga), and the Icelandic community in its quest for stability and a good society. Guest forewords by Robert Ginsberg and Roberta Kevelson, set the book in the contexts of philosophy, semiotics, and Icelandic studies to which it contributes.

Research from Archival Case Records

Law, Society and Culture in China

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Edited by Philip C.C. Huang and Kathryn Bernhardt

Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title— Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest.

Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

"The Making of Europe"

Essays in Honour of Robert Bartlett

Edited by John Hudson and Sally Crumplin

In “The Making of Europe”: Essays in Honour of Robert Bartlett, a group of distinguished contributors analyse processes of conquest, colonization and cultural change in Europe in the tenth to fourteenth centuries. They assess and develop theses presented by Robert Bartlett in his famous book of that name. The geographical scope extends from Iceland to the Islamic Mediterranean, from Spain to Poland. Themes covered range from law to salt production, from aristocratic culture in the Christian West to Islamic views of Christendom. Like the volume that it honours, the present book extends our understanding of both medieval and present day Europe.
Contributors are Sverre Bagge, Piotr Górecki, John Hudson, Hugh Kennedy, Simon MacLean, William Ian Miller, Esther Pascua Echegaray, Ana Rodriguez, Matthew Strickland, John Tolan, Bjorn Weiler, and Stephen D. White.

This is an excellent collection of essays that do justice to Rob Bartlett’s inexhaustible book, The Making of Europe. Rather than merely repeating and venerating Bartlett’s ideas, the essays engage creatively and critically with them and spark new ideas and insights that cast a flood of light on the culture of medieval Europe. The result is a worthy tribute that will send readers scurrying back to Bartlett to quarry yet more nuggets from The Making of Europe, still fizzing with intellectual brio some twenty years after its publication.
Stuart Airlie, University of Glasgow
October 2015

Series:

Edited by Justyna Wubs-Mrozewicz and Stuart Jenks

The Hanse, an organization of towns and traders in medieval and early modern Europe,
was a unique phenomenon. At the same time, it was embedded in the northern European urban and mercantile culture. The contributions in this volume therefore seek to highlight the atypical features of the Hanse, and place them in a wider context of common roots, influences and parallel developments. New research is presented on the origin and growth of the Hanse, the organization of trade, legal history, interaction with non-Hansards and transitions in the Hanse in the early modern period. Moreover, the historiography of the Hanse, problems of source criticism and possibilities for future research are discussed. The volume is an inspiring guide to Hanse studies.
Contributors are Carsten Jahnke, Edda Frankot, Sofia Gustafsson, James M. Murray, Mike Burkhardt, Marie-Louise Pelus-Kaplan, Stuart Jenks, and Justyna Wubs-Mrozewicz.

Series:

Edited by Harry Lesser

The authors of these papers vary in age, nationality and professional background. They share a belief that all too often older people are not treated justly or fairly, and also a belief that this is particularly true with regard to a proper respect for their dignity as people and a proper allocation of medical and social resources. Their papers, in various ways, give evidence as to what is happening and arguments, based on philosophical ethics, as to why it is wrong. The authors also have a range of proposals, backed by argument and evidence, and drawing on factual material as well as philosophical argument, as to what could be done to improve the situation. This is a book for anyone, whether themselves elderly, looking after an older person, professionally involved in working with older people, or simply realising that one day they will be old, who wants to learn about what is wrong with the present situation and how it might be made better.

The History and Theory of Legal Practice in China

Toward a Historical-Social Jurisprudence

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Edited by Philip C.C. Huang and Kathryn Bernhardt

The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

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Edited by Wendy Turner and Sara Butler

Medicine and the Law in the Middle Ages offers fresh insight into the intersection between these two distinct disciplines. A dozen authors address this intersection within three themes: medical matters in law and administration of law, professionalization and regulation of medicine, and medicine and law in hagiography. The articles include subjects such as medical expertise at law on assault, pregnancy, rape, homicide, and mental health; legal regulation of medicine; roles physicians and surgeons played in the process of professionalization; canon law regulations governing physical health and ecclesiastical leaders; and connections between saints’ judgments and the bodies of the penitent. Drawing on primary sources from England, France, Frisia, Germany, Ireland, Italy, Portugal, and Spain, the volume offers a truly international perspective.
Contributors are Sara M. Butler, Joanna Carraway Vitiello, Jean Dangler, Carmel Ferragud, Fiona Harris-Stoertz, Maire Johnson, Hiram Kümper, Iona McCleery, Han Nijdam, Kira Robison, Donna Trembinski, Wendy J. Turner, and Katherine D. Watson.