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Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Category : History
Languages : en
Pages : 585
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Book Description
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Category : History
Languages : en
Pages : 585
Get Book Here
Book Description
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Author: Lawrence Meir Friedman
Publisher: Yale University Press
ISBN: 0300102992
Category : History
Languages : en
Pages : 1468
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Book Description
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Author: Vincent Chetail
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 478
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Book Description
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Author: Yasutomo Morigiwa
Publisher: Springer Science & Business Media
ISBN: 9400715064
Category : Philosophy
Languages : en
Pages : 198
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Book Description
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Author: Michael Head
Publisher: UNSW Press
ISBN: 9780868408347
Category : Law
Languages : en
Pages : 434
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Book Description
Encourages critical, responsible and creative thinking about law as a system of ideas and as a social institution. It explores the relationships between law, logic and science, examines the socio-economic role of law and asks what role the legal system plays in alleviating or exacerbating contemporary social problems, such as crime and punishment, terrorism, refugees and tort law reform.
Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0198908326
Category : Law
Languages : en
Pages : 785
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Book Description
English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law. It upends conventional thinking, charting the development of administrative law from the mid-16th century with an in-depth examination of primary legal materials, statute, and case law.
Author: Brian Opeskin
Publisher: Cambridge University Press
ISBN: 1139576852
Category : Law
Languages : en
Pages : 495
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Book Description
International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Author: María Bjerg
Publisher: Bloomsbury Publishing
ISBN: 1350193968
Category : History
Languages : en
Pages : 234
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Book Description
Revealing the lives of migrant couples and transnational households, this book explores the dark side of the history of migration in Argentina during the late 19th and early 20th centuries. Using court records, censuses, personal correspondence and a series of case studies, María Bjerg offers a portrayal of the emotional dynamics of transnational marital bonds and intimate relationships stretched across continents. Using microhistories and case studies, this book shows how migration affected marital bonds with loneliness, betrayal, fear and frustration. Focusing primarily on the emotional lives of Italian and Spanish migrants, this book explores bigamy, infidelity, adultery, domestic violence and murder within official and unofficial unions. It reveals the complexities of obligation, financial hardship, sacrifice and distance that came with migration, and explores how shame, jealousy, vengeance and disobedience led to the breaking of marital ties. Against a backdrop of changing cultural contexts Bjerg examines the emotional languages and practices used by adulterous women against their offended husbands, to justify domestic violence and as a defence against homicide. Demonstrating how migration was a powerful catalyst of change in emotional lives and in evolving social standards, Emotions and Migration in Early Twentieth-century Argentina reveals intimate and disordered lives at a time when female obedience and male honour were not only paramount, but exacerbated by distance and displacement.
Author: Douglas E. Edlin
Publisher: Cambridge University Press
ISBN: 9780521176156
Category : Law
Languages : en
Pages : 262
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Book Description
In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.
Author: J. Mitchell Miller
Publisher: Routledge
ISBN: 1135455449
Category : Reference
Languages : en
Pages : 1969
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Book Description
This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.
