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Books > Law > Jurisprudence & general issues > Legal history

Mea Culpa - Lessons on Law and Regret from U.S. History (Hardcover): Steven W. Bender Mea Culpa - Lessons on Law and Regret from U.S. History (Hardcover)
Steven W. Bender
R661 R558 Discovery Miles 5 580 Save R103 (16%) Shipped within 7 - 12 working days

In Mea Culpa, Steven W. Bender examines how the United States' collective shame about its past has shaped the evolution of law and behavior. We regret slavery and segregationist Jim Crow laws. We eventually apologize, while ignoring other oppressions, and our legal response to regret often fails to be transformative for the affected groups. By examining policies and practices that have affected the lives ofgroups that have been historically marginalized and oppressed, Bender is able to draw persuasive connections between shame and its eventual legalmanifestations. Analyzing the United States' historical response to its own atrocities, Bender identifies and develops a definitive moral compass thatguides us away from the policies and practices that lead to societal regret. Mea Culpa challenges its readers. In a different era, might we have been slave owners or proprietors of a racially segregated establishment? It's easy to judge immorality in the hindsight of history, but what current practices and policies will later generations regret? More than a historical survey, this volume offers a framework for resolving some of the most contentious socialproblems of our time. Drawing on his background as a legal scholar, Bender tackles immigration, the death penalty, the war on terror, reproductive rights,welfare, wage inequity, homelessness, mass incarceration, and same-sex marriage. Ultimately, he argues, it is the dehumanization of human beings thatallows for practices to occur that will later be marked as regrettable. And all of us have a stake in standing on the side of history that resists dehumanization.

Law and the Family in Ireland, 1800-1950 (Paperback, 1st ed. 2017): Niamh Howlin, Kevin Costello Law and the Family in Ireland, 1800-1950 (Paperback, 1st ed. 2017)
Niamh Howlin, Kevin Costello
R844 Discovery Miles 8 440 Shipped within 7 - 12 working days

This multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its formation through to its breakdown. It considers the impact of the law on such issues as adultery, divorce, broken engagements, marriage settlements, pregnancy, adoption, property, domestic violence, concealment of birth and inter-family homicide, as well as the historical origins of the Constitutional protection of the family. An underlying theme is the way in which the law of the family in Ireland differed from the law of the family in England.

Sanctity of Contracts in a Secular Age - Equity, Fairness and Enrichment (Hardcover): Stephen Waddams Sanctity of Contracts in a Secular Age - Equity, Fairness and Enrichment (Hardcover)
Stephen Waddams
R1,886 R1,740 Discovery Miles 17 400 Save R146 (8%) Shipped within 7 - 12 working days

The phrase 'sanctity of contracts' implies that contracts should always be strictly enforced. But when this objective is relentlessly implemented ruinous burdens are sometimes imposed on one party and extravagant enrichments conferred on the other. Despite recognition of the need to control highly unreasonable contracts in various particular contexts, there remain many instances in which the courts have refused to modify unreasonable contracts, sometimes with extravagant results that are avowedly 'grotesque'. In the computer age assent may be inferred from a click on a screen in the absence of any real agreement to the terms, which are often very burdensome to the user. In this book, arguments are advanced in favour of recognition of a general judicial power to relieve against highly unreasonable contracts, not only for the benefit of the disadvantaged party, but for the avoidance of unjust enrichment, and for the avoidance of anomalous gaps in the law.

Tax, Medicines and the Law - From Quackery to Pharmacy (Hardcover): Chantal Stebbings Tax, Medicines and the Law - From Quackery to Pharmacy (Hardcover)
Chantal Stebbings
R1,973 R1,819 Discovery Miles 18 190 Save R154 (8%) Shipped within 7 - 12 working days

In 1783, a stamp duty was imposed on proprietary or 'quack' medicines. These largely useless but often dangerous remedies were immensely popular. The tax, which lasted until 1941, was imposed to raise revenue. It failed in its incidental regulatory purpose, had a negative effect in that the stamp was perceived as a guarantee of quality, and had a positive effect in encouraging disclosure of the formula. The book explains the considerable impact the tax had on chemists and druggists - how it led to an improvement in professional status, but undermined it by reinforcing their reputations as traders. The legislation imposing the tax was complex, ambiguous and never reformed. The tax authorities had to administer it, and executive practice came to dominate it. A minor, specialised, low-yield tax is shown to be of real significance in the pharmaceutical context, and of exceptional importance as a model revealing the wider impact of tax law and administration.

Reasoned Administration and Democratic Legitimacy - How Administrative Law Supports Democratic Government (Paperback): Jerry L... Reasoned Administration and Democratic Legitimacy - How Administrative Law Supports Democratic Government (Paperback)
Jerry L Mashaw
R516 Discovery Miles 5 160 Shipped within 7 - 12 working days

Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law's demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law's demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule.

Law'S Political Foundations - Rivers, Rifles, Rice, and Religion (Hardcover): John O. Haley Law'S Political Foundations - Rivers, Rifles, Rice, and Religion (Hardcover)
John O. Haley
R1,946 Discovery Miles 19 460 Shipped within 7 - 12 working days

Law's Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems. Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law. These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.

Studies in Legal History - Criminal Law in Liberal and Fascist Italy (Hardcover): Paul Garfinkel Studies in Legal History - Criminal Law in Liberal and Fascist Italy (Hardcover)
Paul Garfinkel
R1,779 R1,645 Discovery Miles 16 450 Save R134 (8%) Shipped within 7 - 12 working days

By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861-1922) to the Fascist era (1922-43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.

Making Legal History - Essays in Honor of William E. Nelson (Hardcover): Daniel J. Hulsebosch, R. B Bernstein Making Legal History - Essays in Honor of William E. Nelson (Hardcover)
Daniel J. Hulsebosch, R. B Bernstein
R974 R811 Discovery Miles 8 110 Save R163 (17%) Shipped within 7 - 12 working days

One of the academy's leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson's exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources--the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian's task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history. Daniel J. Hulsebosch is Charles Seligson Professor of Law and Professor of History at New York University. He is the author of Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830. R. B. Bernstein is Distinguished Adjunct Professor of Law at New York Law School and Adjunct Professor of Political Science in the Skadden, Arps Honors Program in Legal Studies at the City College of New York.He has written, edited, or co-edited over 20 books in the fields of American constitutional and legal history, including the prize-winning The Founding Fathers Reconsidered and Thomas Jefferson.

Justice in Plain Sight - How a Small-Town Newspaper and Its Unlikely Lawyer Opened America's Courtrooms (Hardcover): Dan... Justice in Plain Sight - How a Small-Town Newspaper and Its Unlikely Lawyer Opened America's Courtrooms (Hardcover)
Dan Bernstein
R538 R393 Discovery Miles 3 930 Save R145 (27%) Shipped within 7 - 11 working days

Justice in Plain Sight is the story of a hometown newspaper in Riverside, California, that set out to do its job: tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyer Jim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the public-including the press-needed to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis. The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings. Justice in Plain Sight is a unique story that, for the first time, details two improbable journeys to the Supreme Court in which the stakes were as high as they could possibly be (and still are): the public's trust in its own government.

Law in Context - Jurist in Context: A Memoir (Hardcover): William Twining Law in Context - Jurist in Context: A Memoir (Hardcover)
William Twining
R1,800 R1,688 Discovery Miles 16 880 Save R112 (6%) Shipped within 7 - 12 working days

This is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the troubles in Belfast, the contextual turn in legal studies, rethinking evidence and the implications of globalisation which have been central to his life and research. In propounding his original views as an enthusiastic self-styled 'legal nationalist', Twining maps his ideas of law as a unique discipline, which pervades all spheres of social and political life while combining theory and practice, concepts and values, facts and rules in uniquely fascinating ways. Addressed to academic lawyers generally and to other non-specialists, this story brings out the importance and fascinations of a discipline that has changed, expanded and diversified in the post-War years, with an eye to its future development and potential.

Justice and Leadership in Early Islamic Courts (Hardcover): Intisar A. Rabb, Abigail Krasner Balbale Justice and Leadership in Early Islamic Courts (Hardcover)
Intisar A. Rabb, Abigail Krasner Balbale
R844 R717 Discovery Miles 7 170 Save R127 (15%) Shipped within 7 - 11 working days

This book presents an in-depth exploration of the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh and composed in his honor, this volume brings together ten leading scholars of Islamic law to examine the history of early Islamic courts. This approach draws attention to both how and why the courts and the people associated with them functioned in early Islamic societies: When a dispute occurred, what happened in the courts? How did judges conceive of justice and their role in it? When and how did they give attention to politics and procedure? Each author draws on diverse sources that illuminate a broader and deeper vision of law and society than traditional legal literature alone can provide, including historical chronicles, biographical dictionaries, legal canons, exegetical works, and mirrors for princes. Altogether, the volume offers both a substantive intervention on early Islamic courts and on methods for studying legal history as social history. It illuminates the varied and dynamic legal landscapes stretching across early Islam, and maps new approaches to interdisciplinary legal history.

The Trouble with Minna - A Case of Slavery and Emancipation in the Antebellum North (Hardcover): Hendrik Hartog The Trouble with Minna - A Case of Slavery and Emancipation in the Antebellum North (Hardcover)
Hendrik Hartog
R486 Discovery Miles 4 860 Shipped within 7 - 11 working days

In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna's case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate-about care as a ""mere voluntary courtesy""-became routine in a wide range of subsequent cases about ""good Samaritans."" Using Minna's case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world.

Illinois Justice - The Scandal of 1969 and the Rise of John Paul Stevens (Paperback): Kenneth A. Manaster Illinois Justice - The Scandal of 1969 and the Rise of John Paul Stevens (Paperback)
Kenneth A. Manaster
R374 R305 Discovery Miles 3 050 Save R69 (18%) Shipped within 7 - 11 working days

Illinois political scandals reached new depths in the 1960s and '70s. In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice's aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens's rise to the high court. In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer's favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench. Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens's masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career. Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, this fascinating chapter of political history offers a revealing portrait of the early career of a Supreme Court justice.

Law in Context - A History of Australian Tort Law 1901-1945: England's Obedient Servant? (Hardcover): Mark Lunney Law in Context - A History of Australian Tort Law 1901-1945: England's Obedient Servant? (Hardcover)
Mark Lunney
R1,903 R1,757 Discovery Miles 17 570 Save R146 (8%) Shipped within 7 - 12 working days

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.

Appealing for Liberty - Freedom Suits in the South (Hardcover): Loren Schweninger Appealing for Liberty - Freedom Suits in the South (Hardcover)
Loren Schweninger
R610 Discovery Miles 6 100 Shipped within 7 - 12 working days

Dred Scott and his landmark Supreme court case are ingrained in the national memory, but he was just one of multitudes who appealed for their freedom in courtrooms across the country. Appealing for Liberty is the first study of its kind to give voice to these African Americans, drawing from more than two thousand suits and from the testimony of more than four thousand plaintiffs from the Revolutionary Era to the Civil War. Through the petitions, evidence, and testimony introduced in these court proceedings, the lives of the enslaved come sharply and poignantly into focus, as do many other aspects of southern society. This book depicts in graphic terms, the pain, suffering, fears, and trepidations of the plaintiffs while discussing the legal system-lawyers, judges, juries, and testimony-that made judgments on their "causes," as the suits were often called. Arguments for freedom were diverse: slaves brought suits claiming they had been freed in wills and deeds, were born of free mothers, were descendants of free white women or Indian women; they charged that they were illegally imported to some states or were residents of the free states and territories. Those who testified on their behalf-usually against leaders of the communities-were generally white. So too were the lawyers who took these cases, many of them men of prominence, such as Francis Scott Key. More often than not, these men were slave owners themselves-complicating our understanding of race relations in the antebellum period. A majority of the cases examined here were not appealed, nor did they create important judicial precedent. Indeed, most of the cases ended at the county, circuit, or district court level of various southern states. Yet the narratives of both those who gained their freedom and those who failed to do so, and the issues their suits raised, shed a bold and timely light on the history of race and liberty in the "land of the free."

Drafting the Irish Free State Constitution (Paperback): Laura Cahillane Drafting the Irish Free State Constitution (Paperback)
Laura Cahillane
R379 Discovery Miles 3 790 Shipped within 7 - 12 working days

Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available. -- .

Lone Star Law - A Legal History of Texas (Hardcover): Michael S. Ariens Lone Star Law - A Legal History of Texas (Hardcover)
Michael S. Ariens
R915 R656 Discovery Miles 6 560 Save R259 (28%) Shipped within 8 - 13 working days

Michael Ariens proves that no state possesses a richer or more surprising legal history than Texas. In narrative as engaging as it is accessible, he has produced an overarching consideration of Lone Star law and legal culture--something notably missing in other Texas histories. After taking readers chronologically from early settlement through 1920, Ariens focuses on particular areas of Texas law, including property, family, business, criminal, and civil harms (tort), and on the history of Texas's legal profession itself. Through illuminating and utterly Texan particulars, Ariens helps us understand a place at once southern and western, Spanish and Mexican, republic and state.

Public Law, Private Practice - Politics, Profit, and the Legal Profession in Nineteenth-Century Japan (Hardcover, New): Darryl... Public Law, Private Practice - Politics, Profit, and the Legal Profession in Nineteenth-Century Japan (Hardcover, New)
Darryl E. Flaherty
R676 Discovery Miles 6 760 Shipped within 7 - 13 working days

Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan's legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600--1868), they worked from the shadows to bend the shogun's law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868--1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation's public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.

Paradoxes of Peace in Nineteenth Century Europe (Hardcover): Thomas Hippler, Milos Vec Paradoxes of Peace in Nineteenth Century Europe (Hardcover)
Thomas Hippler, Milos Vec
R1,637 Discovery Miles 16 370 Shipped within 7 - 12 working days

'Peace' is often simplistically assumed to be war's opposite, and as such is not examined closely or critically idealized in the literature of peace studies, its crucial role in the justification of war is often overlooked. Starting from a critical view that the value of 'restoring peace' or 'keeping peace' is, and has been, regularly used as a pretext for military intervention, this book traces the conceptual history of peace in nineteenth century legal and political practice. It explores the role of the value of peace in shaping the public rhetoric and legitimizing action in general international relations, international law, international trade, colonialism, and armed conflict. Departing from the assumption that there is no peace as such, nor can there be, it examines the contradictory visions of peace that arise from conflict. These conflicting and antagonistic visions of peace are each linked to a set of motivations and interests as well as to a certain vision of legitimacy within the international realm. Each of them inevitably conveys the image of a specific enemy that has to be crushed in order to peace being installed. This book highlights the contradictions and paradoxes in nineteenth century discourses and practices of peace, particularly in Europe.

Rage for Order - The British Empire and the Origins of International Law, 1800-1850 (Paperback): Lauren Benton, Lisa Ford Rage for Order - The British Empire and the Origins of International Law, 1800-1850 (Paperback)
Lauren Benton, Lisa Ford
R417 R368 Discovery Miles 3 680 Save R49 (12%) Shipped within 7 - 11 working days

International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires-especially in the British Empire's sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. "Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome...Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism." -Alex Middleton, Reviews in History "Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain." -Jens Bartelson, Australian Historical Studies

Raised Right - Fatherhood in Modern American Conservatism (Paperback): Jeffrey R. Dudas Raised Right - Fatherhood in Modern American Conservatism (Paperback)
Jeffrey R. Dudas
R446 R353 Discovery Miles 3 530 Save R93 (21%) Shipped within 7 - 11 working days

How has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"-the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in-and therein lies its timeless appeal.

Ottoman Rule of Law and the Modern Political Trial - The Yildiz Case (Paperback): Avi Rubin Ottoman Rule of Law and the Modern Political Trial - The Yildiz Case (Paperback)
Avi Rubin
R537 R392 Discovery Miles 3 920 Save R145 (27%) Shipped within 7 - 11 working days

In 1876, a recently dethroned sultan, Abdulaziz, was found dead in his chambers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdulhamit II, who succeeded Abdulaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide re- mains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.

The Oxford Handbook of European Legal History (Hardcover): Heikki Pihlajamaki, Markus D. Dubber, Mark Godfrey The Oxford Handbook of European Legal History (Hardcover)
Heikki Pihlajamaki, Markus D. Dubber, Mark Godfrey
R3,081 Discovery Miles 30 810 Shipped within 7 - 11 working days

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Imagining World Order - Literature and International Law in Early Modern Europe, 1500-1800 (Hardcover): Chenxi Tang Imagining World Order - Literature and International Law in Early Modern Europe, 1500-1800 (Hardcover)
Chenxi Tang
R1,177 R975 Discovery Miles 9 750 Save R202 (17%) Shipped within 7 - 12 working days

In early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts-some highly canonical (Camoes, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering-engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period-its so-called classical age-in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.

Raised Right - Fatherhood in Modern American Conservatism (Hardcover): Jeffrey R. Dudas Raised Right - Fatherhood in Modern American Conservatism (Hardcover)
Jeffrey R. Dudas
R1,622 R1,328 Discovery Miles 13 280 Save R294 (18%) Shipped within 7 - 12 working days

How has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"-the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in-and therein lies its timeless appeal.

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Lawfare - Judging Politics In South…
Michelle Le Roux, Dennis Davis Paperback R275 R189 Discovery Miles 1 890
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Fahad Ahmad Bishara Hardcover R1,758 R1,624 Discovery Miles 16 240
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Tembeka Ngcukaitobi Paperback  (10)
R290 R228 Discovery Miles 2 280

 

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