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Author: Diane Kirkby
Publisher: ANU E Press
ISBN: 1922144037
Category : Social Science
Languages : en
Pages : 236
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Book Description
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.
Author: Diane Kirkby
Publisher: ANU E Press
ISBN: 1922144037
Category : Social Science
Languages : en
Pages : 236
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Book Description
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.
Author: Robert W. Gordon
Publisher: Cambridge University Press
ISBN: 1107193230
Category : History
Languages : en
Pages : 439
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Book Description
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
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: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108606520
Category : Law
Languages : en
Pages : 465
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Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author:
Publisher: BRILL
ISBN: 9401200424
Category : Art
Languages : en
Pages : 330
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Book Description
This collection opens with an inquiry into the assumptions and methods of the historical study of culture, comparing the new cultural history with the old. Thirteen essays follow, each defining a problem within a particular culture. In the first section, Biography and Autobiography, three scholars explore historically changing types of self-conception, each reflecting larger cultural meanings; essays included examine Italian Renaissance biographers and the autobiographies of Benjamin Franklin and Mohandas Gandhi. A second group of contributors explore problems raised by the writing of history itself, especially as it relates to a notion of culture. Here examples are drawn from the writings of Thucydides, Jacob Burckhardt, and the art historians Alois Riegl and Josef Strzygowski. In the third section, Politics, Nationalism, and Culture, the essays explore relationships between cultural creativity and national identity, with case studies focusing on the Holy Roman Emperor Maximilian I, the place of Castile within the national history of Spain, and the impact of World War I on work of Thomas Mann. The final section, Cultural Translation, raises the complex questions of cultural influence and the transmission of traditions over time through studies of Philo of Alexandria's interpretation of the Hebrew Bible, Erasmus' use of Socrates, Jean Bodin's conception of Roman law, and adaptations of the Hebrew Bible for American children.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Category : Law
Languages : en
Pages : 1254
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author: Olivier Moréteau
Publisher: Edward Elgar Publishing
ISBN: 1781955220
Category : Law
Languages : en
Pages : 513
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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: Ann Curthoys
Publisher: Cambridge University Press
ISBN: 1107084857
Category : History
Languages : en
Pages : 447
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Book Description
Machine generated contents note: Introduction: how settlers gained self-government and indigenous people (almost) lost it; Part I.A Four-Cornered Contest: British Government, Settlers, Missionaries and Indigenous Peoples: 1. Colonialism and catastrophe: 1830; 2. 'Another new world inviting our occupation': colonisation and the beginnings of humanitarian intervention, 1831-1837; 3. Settlers oppose indigenous protection: 1837-1842; 4. A colonial conundrum: settler rights versus indigenous rights, 1837-1842; 5. Who will control the land? Colonial and imperial debates 1842-1846; Part II. Towards Self-Government: 6. Who will govern the settlers? Imperial and settler desires, visions, utopias, 1846-1850; 7. 'No place for the sole of their feet': imperial-colonial dialogue on Aboriginal land rights, 1846-1851; 8. Who will govern Aboriginal people? Britain transfers control of Aboriginal policy to the colonies, 1852-1854; 9. The dark side of responsible government? Britain and indigenous people in the self-governing colonies, 1854-1870; Part III. Self-Governing Colonies and Indigenous People, 1856-c.1870: 10. Ghosts of the past, people of the present: Tasmania; 11. 'A refugee in our own land': governing Aboriginal people in Victoria; 12. Aboriginal survival in New South Wales; 13. Their worst fears realised: the disaster of Queensland; 14. A question of honour in the colony that was meant to be different: Aboriginal policy in South Australia; Part IV. Self-Government for Western Australia: 15. 'A little short of slavery': forced Aboriginal labour in Western Australia 1856-1884; 16. 'A slur upon the colony': making Western Australia's unusual constitution, 1885-1890; Conclusion.
Author: Thomas McGinn
Publisher: University of Michigan Press
ISBN: 047202857X
Category : History
Languages : en
Pages : 615
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Book Description
Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Author: Josep M. Fradera
Publisher: Princeton University Press
ISBN: 0691183937
Category : History
Languages : en
Pages : 415
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Book Description
How the legacy of monarchical empires shaped Britain, France, Spain, and the United States as they became liberal entities Historians view the late eighteenth and early nineteenth centuries as a turning point when imperial monarchies collapsed and modern nations emerged. Treating this pivotal moment as a bridge rather than a break, The Imperial Nation offers a sweeping examination of four of these modern powers—Great Britain, France, Spain, and the United States—and asks how, after the great revolutionary cycle in Europe and America, the history of monarchical empires shaped these new nations. Josep Fradera explores this transition, paying particular attention to the relations between imperial centers and their sovereign territories and the constant and changing distinctions placed between citizens and subjects. Fradera argues that the essential struggle that lasted from the Seven Years’ War to the twentieth century was over the governance of dispersed and varied peoples: each empire tried to ensure domination through subordinate representation or by denying any representation at all. The most common approach echoed Napoleon’s “special laws,” which allowed France to reinstate slavery in its Caribbean possessions. The Spanish and Portuguese constitutions adopted “specialness” in the 1830s; the United States used comparable guidelines to distinguish between states, territories, and Indian reservations; and the British similarly ruled their dominions and colonies. In all these empires, the mix of indigenous peoples, European-origin populations, slaves and indentured workers, immigrants, and unassimilated social groups led to unequal and hierarchical political relations. Fradera considers not only political and constitutional transformations but also their social underpinnings. Presenting a fresh perspective on the ways in which nations descended and evolved from and throughout empires, The Imperial Nation highlights the ramifications of this entangled history for the subjects who lived in its shadows.
