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T.M.C. Asser (1838-1913) (2 vols.)

“In Quest of Liberty, Justice, and Peace”

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Arthur Eyffinger

This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career.
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Whiggish International Law

Elihu Root, the Monroe Doctrine, and International Law in the Americas

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Christopher R. Rossi

International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
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New Discourses in Medieval Canon Law Research

Challenging the Master Narrative

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Edited by Christof Rolker

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages.
Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.
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Edited by Donald Prudlo

Inquisitions of heresy have long fascinated both specialists and non-specialists. A Companion to Heresy Inquisitions presents a synthesis of the immense amount of scholarship generated about these institutions in recent years. The volume offers an overview of many of the most significant areas of heresy inquisitions, both medieval and early Modern. The essays in this collection are intended to introduce the reader to disagreements and advances in the field, as well as providing a navigational aid to the wide variety of recent discoveries and controversies in studies of heresy inquisitions.

Christine Ames, Feberico Barbierato, Elena Bonora, Lúcia Helena Costigan, Michael Frassetto, Henry Ansgar Kelly, Helen Rawlings, Lucy Sackville, Werner Thomas, and Robin Vose
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Judiciary as Constituted Power

European Court History from Medieval Canon Law to ECHR

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Ulrike Juliane Maria Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Judiciary as Constituted Power Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
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Locating the Sharīʿa

Legal Fluidity in Theory, History and Practice

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Edited by Sohaira Siddiqui

The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century.

Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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Edited by Charlene M. Eska

In A Raven’s Battle-cry Charlene M. Eska presents a critical edition and translation of the previously unpublished medieval Irish legal tract Anfuigell. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information not found elsewhere in the medieval Irish legal corpus. Anfuigell contains a wide range of topics relating to the role of the judge in deciding difficult cases, including kingship, raiding, poets, shipwreck, marriage, fosterage, divorce, and contracts relating to land and livestock.
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Edited by Jill Barrett and Jean-Pierre Gauci

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.

Please also see the following related titles:
- British Influences on International Law, 1915-2015
- The Role of Legal Advisers in International Law
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Unimpeded Sailing

A Critical Edition of Johann Gröning’s Navigatio Libera (Extended 1698 Edition)

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Peter Maxwell-Stuart, Steve Murdoch and Leos Müller

The original Latin text of Johann Gröning’s Navigatio libera has never before been translated into any modern vernacular language. Gröning’s intention was to set out the position of neutral nations (in this case the Danes and Swedes), and their right to pursue trade during the wars of the great maritime powers (particularly the English and the Dutch). It specifically sought to engage with and refute the work of Hugo Grotius while taking cognisance of the critique of Gröning’s work by Samuel Pufendorf. The text serves as a bridge between 17th-century polemical discourse surrounding the ‘free sea’ versus ‘enclosed sea’ debate and later 18th-century legal literature on the rights of neutrals and the continuation of free trade in time of war.
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Regaining Paradise Lost: Indigenous Land Rights and Tourism

Using the UNGPs on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry

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Mary Kristerie A. Baleva

Mary Kristerie A. Baleva’s Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community’s 15-year struggle for recognition of their ancestral domains in Boracay Island, the region’s premiere beach destination.