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Author: Baosheng Zhang
Publisher: Springer Nature
ISBN: 9811596859
Category : Law
Languages : en
Pages : 411
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Book Description
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
Author: Baosheng Zhang
Publisher: Springer Nature
ISBN: 9811596859
Category : Law
Languages : en
Pages : 411
Get Book
Book Description
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
Author: Maksymilian Del Mar
Publisher:
ISBN: 9781509903856
Category : Law
Languages : en
Pages : 348
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Book Description
"This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas."--Résumé de l'éditeur.
Author: Alan Cromartie
Publisher: Clarendon Press
ISBN: 0191513474
Category : Philosophy
Languages : en
Pages : 264
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Book Description
This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.
Author: Giuseppe Mario Saccone
Publisher:
ISBN: 9789626890011
Category : Common law
Languages : en
Pages : 353
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Book Description
Author: Olivier Moréteau
Publisher: Edward Elgar Publishing
ISBN: 1781955220
Category : Law
Languages : en
Pages : 512
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Book Description
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Author: Kiran Klaus Patel
Publisher: Oxford University Press
ISBN: 0199665354
Category : Law
Languages : en
Pages : 256
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Book Description
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.
Author: Baosheng Zhang
Publisher: Springer Nature
ISBN: 9811596395
Category : Law
Languages : en
Pages : 321
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Book Description
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
Author: Mauricio Tenorio-Trillo
Publisher: University of Texas Press
ISBN: 1477319298
Category : History
Languages : en
Pages : 271
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Book Description
Offering a unique perspective on the very notions and practices of storytelling, history, memory, and language, Clio’s Laws collects ten essays (some new and some previously published in Spanish) by a revered voice in global history. Taking its title from the Greek muse of history, this opus considers issues related to the historian’s craft, including nationalism and identity, and draws on Tenorio-Trillo’s own lifetime of experiences as a historian with deep roots in both Mexico and the United States. By turns deeply ironic, provocative, and experimental, and covering topics both lowbrow and highbrow, the essays form a dialogue with Clio about idiosyncratic yet profound matters. Tenorio-Trillo presents his own version of an ars historica (what history is, why we write it, and how we abuse it) alongside a very personal essay on the relationship between poetry and history. Other selections include an exploration of the effects of a historian’s autobiography, a critique of history’s celebratory obsession, and a guide to reading history in an era of internet searches and too many books. A self-described exile, Tenorio-Trillo has produced a singular tour of the historical imagination and its universal traits.
Author: Julen Etxabe
Publisher: Bloomsbury Publishing
ISBN: 1350079235
Category : History
Languages : en
Pages : 216
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Book Description
How should we talk about “the law” in a period so remote from our own and covering such a huge span of time and space? From the Code of Hammurabi (ca. 1750 BCE) to Justinian's Corpus Iuris Civilis (529-534 CE), A Cultural History of Law in Antiquity draws upon legal texts and non-textual forms (such as vase-painting, sculpture, and architecture) to uncover the diverse and rich legal traditions of societies ranging from the Ancient Near Eastern cities of Assyria and Babylon in Mesopotamia to the Ancient Israelites, and from Ancient Greece to Rome of the Archaic and Classical Periods. With a wealth of textual and visual sources, A Cultural History of Law in Antiquity presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: Jéssica Painkow Rosa Cavalcante
Publisher: Editora Dialética
ISBN: 6525299527
Category : Social Science
Languages : en
Pages : 128
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Book Description
"Quilombola Communities and Land Overlapping Challenges in Brazil" delves into the complexities of quilombola communities in the Brazilian context. The author explores the struggles and challenges faced by these traditional communities, especially those located in the Jalapão region, Tocantins. The book examines issues of territory, identity, and memory, offering a profound analysis of the legal, territorial, and ethnic-racial conflicts surrounding the constitutional rights of quilombola communities. Employing an interdisciplinary approach, the book highlights the changes occurring within these communities after the implementation of the Jalapão State Park and questions to what extent these changes have affected quilombola identity. It is a meticulous and engaging exploration of quilombola experiences in contemporary Brazil.
