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Edited by Ferdinand J.M. Feldbrugge

Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law’s beginnings have survived in some cases.
In this book, scholars from various disciplines–linguists, lawyers, historians, anthropologists–present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is: Civil Conflicts in Africa (Part I)/ Les conflits internes en Afrique (1ère partie).

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa’s contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa’s views on the various aspects of international law based on the present realities of the continent as well as on Africa’s civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.
The Special Theme of this volume is The African Union.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is Regional Economic Integration in Africa II.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is Regional Economic Integration in Africa.

Lodovico Pontano (ca. 1409-1439)

Eine Juristenkarriere an Universität, Fürstenhof, Kurie und Konzil

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Thomas Woelki

The short but fiery career of the famous jurist Lodovico Pontano (†1439) led from the universities of Bologna, Florence, Rome and Siena, the Roman curia and the court of Alfonso V of Aragón to the Council of Basel where he became rapidly one of the major conciliarist leaders and died at the age of only 30 years of the plague. Pontano’s biography and the sequential analysis of his largely unedited works shows how a man of learning managed to present his legal skills, later enhanced by persuasive theological arguments, as an expertise indispensable for government and to make himself so essential that he could regularly afford to break his contracts. The first edition of ten important tracts and speeches completes the work.

Punishment and Culture

A Right to Punish?

María José Falcón y Tella and Fernando Falcón y Tella

This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed.
The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.

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Amnon Altman

This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BCE. Rather than entering into the debate on the continuous development of international law in Antiquity, the book discloses a vast amount of textual material from the Ancient Near East which sheds light on the legal regulation and organization of international relations in different epochs of pre-classical Antiquity. The book is a treasure trove of information for the historian of international law who wants to acquaint himself with the remotest history of international law, while it will also serve the general historian of the Ancient Near East who wants to acquaint himself with the international law of the period.

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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.

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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.