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'Manu was seated, when the great seers came up to him: "Please, Lord, tell us the Laws of all the social classes, as well as of those born in between..."' The Law Code of Manu is the most authoritative and the best-known legal text of ancient India. Famous for two thousand years it still generates controversy, with Manu's verses being cited in support of the oppression of women and members of the lower castes. A seminal Hindu text, the Law Code is important for its classic description of so many social institutions that have come to be identified with Indian society. It deals with the relationships between social and ethnic groups, between men and women, the organization of the state and the judicial system, reincarnation, the workings of karma, and all aspects of the law. Patrick Olivelle's lucid translation is the first to be based on his critically edited text, and it incorporates the most recent scholarship on ancient Indian history, law, society, and religion. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.
In 1594 George Owen--a historian and geologist from Pembrokeshire--wrote "The Dialogue of the Government of Wales," a commentary on the Welsh government after the Acts of Union. The study detailed the methods used by Henry VII and Henry VIII to maintain law and order, praising the Tudor monarchs for their enlightened policies. This new edition, edited by Welsh historian John Gwynfor Jones, contains an updated version of the text, numerous explanatory notes, and a lengthy introduction, and is ideal for anyone interested in the legal institutions of sixteenth-century Wales.
This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.
Of all the founding fathers, Thomas Jefferson had the most substantial direct experience with the issues surrounding intellectual property rights and their impact on creativity, invention, and innovation. In our own digital age, in which IP has again become the object of intense debate, his voice remains one of the most vital in American history on this crucial subject.
Jefferson lived in a time of immense change, when inventions and other creative works impacted the world profoundly. In this atmosphere it became clear that the developers of creative works and the users of those works often have competing interests. Jefferson appreciated as well as anyone that the originators of ideas needed legal protection. He also knew that innovation was crucial for a nation's economic prosperity as well as its political health, and that rights should not become barriers.
Jefferson was in a unique position to understand the issues of intellectual property rights. His pronouncements on these issues were those not of a scholar but, rather, of a practitioner. As a scientist, author, and inventor, he was a prolific creator. He was also a tireless consumer of others' works. As America's first patent commissioner, he decided which ideas merited protection and effectively created the patent review process. Jeffrey Matsuura profiles Jefferson's diverse and substantial experience with these issues and discusses the lessons Jefferson's efforts offer us today, as we grapple with many of the same challenges of balancing IP rights against an effort to foster creativity and innovation. Without inserting Jefferson anachronistically into the current debate, Matsuura does not shy away from positing where in the spectrum of opinion Jefferson's ideas lie. For lawyers, legal and technology historians, and entrepreneurs, Matsuura offers a fresh, historically informed perspective on a current issue of major importance.
In writings about Islam, women and modernity in the Middle East, family and religion are frequently invoked but rarely historicized. Based on a wide range of local sources spanning two centuries (1660-1860), Beshara B. Doumani argues that there is no such thing as the Muslim or Arab family type that is so central to Orientalist, nationalist, and Islamist narratives. Rather, one finds dramatic regional differences, even within the same cultural zone, in the ways that family was understood, organized, and reproduced. In his comparative examination of the property devolution strategies and gender regimes in the context of local political economies, Doumani offers a groundbreaking examination of the stories and priorities of ordinary people and how they shaped the making of the modern Middle East.
In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both sides in the Civil War had their complement of lawyers, and Hoffer provides coverage of both sides' leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors focus on the legal side of America's worst conflict will reshape our understanding of the Civil War itself.
Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery's social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery's oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery's inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves' owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters' rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.
Professor Daniel A. Binchy's Corpus Iuris Hibernici, published in 1979, set the seal on a lifetime's work which had made him the acknowledged leader in Celtic law studies. At an earlier stage in his career, he had edited (in Studies in Early Irish Law, published by the Royal Irish Academy in 1936) the proceedings of a seminar on the Irish law of women; this volume was the spur to the seminar which began to work under the aegis of the Board of Celtic Studies in 1970, and took as its first field of study the Welsh law of women. The present collection of papers, based on the work of the seminar, differs in scope from the Irish volume but like it provides a detailed and documented account of one of the most illuminating tractates in the Welsh lawbooks; the volume was originally presented to Professor Binchy in grateful recognition of the inspiration given to all students of Celtic law by his devoted work. This volume comprises six studies dealing with various aspects of the Welsh material, texts of three versions of the tractate (one in Latin and two, both based on manuscripts not previously printed, in Welsh) with English translations, a Glossary, and Indexes. This new edition includes a preface by Morfydd E. Owen, who edited the original volume with Dafydd Jenkins, surveying work in the field since the first edition in 1980.
How the immigration policies and popular culture of the 1980's fused to shape modern views on democracy In the 1980s, amid increasing immigration from Latin America, the Caribbean, and Asia, the circle of who was considered American seemed to broaden, reflecting the democratic gains made by racial minorities and women. Although this expanded circle was increasingly visible in the daily lives of Americans through TV shows, films, and popular news media, these gains were circumscribed by the discourse that certain immigrants, for instance single and working mothers, were feared, censured, or welcomed exclusively as laborers. In The Cultural Politics of U.S. Immigration, Leah Perry argues that 1980s immigration discourse in law and popular media was a crucial ingredient in the cohesion of the neoliberal idea of democracy. Blending critical legal analysis with a feminist media studies methodology over a range of sources, including legal documents, congressional debates, and popular media, such as Golden Girls, Who's the Boss?, Scarface, and Mi Vida Loca, Perry shows how even while "multicultural" immigrants were embraced, they were at the same time disciplined through gendered discourses of respectability. Examining the relationship between law and culture, this book weaves questions of legal status and gender into existing discussions about race and ethnicity to revise our understanding of both neoliberalism and immigration.
This book examines the powerful influence of civil law on understandings and responses to madness in England and in New Jersey. The influence of civil law on the history of madness has not hitherto been of major academic investigation. This body of law, established and developed over a five hundred year period, greatly influenced how those from England's propertied classes understood and responded to madness. Moreover, the civil law governing the response to madness in England was successfully exported into several of its colonies, including New Jersey. Drawing on a well-preserved and rare collection of trials in lunacy in New Jersey, this book reveals the important ties of civil law, local custom and perceptions of madness in transatlantic perspectives. This book will be highly relevant to scholars interested in law, medicine, psychiatry and madness studies, as well as contemporary issues in mental capacity and guardianship. -- .
Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitution-the concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. Straumann then discusses the reception of Roman constitutional thought up to the late eighteenth century and the American Founding, which gave rise to a new, constitutional republicanism. This tradition was characterized by a keen interest in the Roman Republic's decline and fall, and an insistence on the limits of virtue. The crisis of the Republic was interpreted as a constitutional crisis, and the only remedy to escape the Republic's fate-military despotism-was thought to lie, not in republican virtue, but in Roman constitutionalism. By tracing Roman constitutional thought from antiquity to the modern era, this unique study makes a substantial contribution to our understanding of Roman political thought and its reception.
Who can lay claim to a legally-recognized Indian identity? Who decides whether or not an individual qualifies? The right to determine tribal citizenship is fundamental to tribal sovereignty, but deciding who belongs has a complicated history, especially in the South. Indians who remained in the South following removal became a marginalized and anomalous people in an emerging biracial world. Despite the economic hardships and assimilationist pressures they faced, they insisted on their political identity as citizens of tribal nations and rejected Euro-American efforts to reduce them to another racial minority, especially in the face of Jim Crow segregation. Drawing upon their cultural traditions, kinship patterns, and evolving needs to protect their land, resources, and identity from outsiders, southern Indians constructed tribally-specific citizenship criteria, in part by manipulating racial categories - like blood quantum - that were not traditional elements of indigenous cultures. Mikaela M. Adams investigates how six southern tribes-the Pamunkey Indian Tribe of Virginia, the Catawba Indian Nation of South Carolina, the Mississippi Band of Choctaw Indians, the Eastern Band of Cherokee Indians of North Carolina, the Seminole Tribe of Florida, and the Miccosukee Tribe of Indians of Florida-decided who belonged. By focusing on the rights and resources at stake, the effects of state and federal recognition, the influence of kinship systems and racial ideologies, and the process of creating official tribal rolls, Adams reveals how Indians established legal identities. Through examining the nineteenth and twentieth century histories of these Southern tribes, Who Belongs? quashes the notion of an essential "Indian" and showcases the constantly-evolving process of defining tribal citizenship.
From the early seventeenth to the mid-nineteenth century, the Tokugawa shogunate enacted and enforced myriad laws and ordinances to control nearly every aspect of Japanese life, including observance of a person s death. In particular, the shoguns Tsunayoshi and Yoshimune issued strict decrees on mourning and abstention that dictated compliance throughout the land and survived the political upheaval of the Meiji Restoration to persist well into the twentieth century.
Atsuko Hirai reveals the pivotal relationship between these shogunal edicts and the legitimacy of Tokugawa rule. By highlighting the role of "narimono chojirei" (injunctions against playing musical instruments) within their broader context, she shows how this class of legislation played an important integrative part in Japanese society not only through its comprehensive implementation, especially for national mourning of major political figures, but also by its codification of the religious beliefs and customs that the Japanese people had cherished for innumerable generations."
One of a number of real life cases from an era when juries listened with rapt attention to evidence of exact times, distances, estimates of speed and even in some cases whether a clock was fast or slow-from witnesses whose recollections might be first-rate, mildly inaccurate, mistaken or wholly unreliable. A reading of Old Bailey and other Assize court cases from the time suggests there may have been an entire industry centring on the creation of ambiguity, smokescreens and sometimes false alibis. Advocates demonstrated skill, ingenuity and persistence in constructing explanations, favourable or unfavourable, according to whether they acted for prosecution or defence. The Telephone Murder of 1931 in Liverpool, when William Wallace was acquitted on appeal of his wife's murder, is a poignant reminder of those days. The story is further spiced because prosecuting counsel was a man fighting to restore his professional reputation. This second edition contains a new Preface as well as a number of textual explanations, enhancement and a fresh index. It complements the author's series of books on famous cases.
Books about the work of James Joyce are an academic industry. Most of them are unreadable and esoteric. Adrian Hardiman's book is both highly readable and strikingly original. He spent years researching Joyce's obsession with the legal system, and the myriad references to notorious trials in Ulysses and Finnegans Wake. Joyce was fascinated by and felt passionately about miscarriages of justice, and his view of the law was coloured by the potential for grave injustice when policemen and judges are given too much power. Hardiman recreates the colourful, dangerous world of the Edwardian courtrooms of Dublin and London, where the death penalty loomed over many trials. He brings to life the eccentric barristers, corrupt police and omnipotent judges who made the law so entertaining and so horrifying. This is a remarkable evocation of a vanished world, though Joyce's scepticism about the way evidence is used in criminal trials is still highly relevant.
In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867.
In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
The Magna Carta is one of the most celebrated documents in English history and one of the British Library's greatest treasures. But despite this, the reinterpretations of it since 1215 have tended to obscure its real meaning for King John and his baronial opponents. Magna Carta was not intended to be a lasting declaration of legal principle, still less an embryonic code of human rights. It was a practical solution to a political crisis and it served the interests of the highest ranks of feudal society by reasserting the power of custom to limit arbitrary behaviour by the king. This work explores the context in which Magna Carta was issued to discover what it really meant to its creators and how it came to be an iconic historical document. This updated edition includes full colour illustrations.
Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand's press freedom ranking plunged, while arrests for lese-majeste have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is lese-majeste, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth."
Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis.
This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication.
David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.
Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses' reliability. But without a thorough grounding in psychology, is the "common sense" of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law's goals.
Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, "A republic, if you can keep it." Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent-illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court's decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.
This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities.
Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously.
Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.
In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used-the language of property, in particular-to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. Thework is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects namely, legal positivism, natural-law theory, and the theory of legal reasoning and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
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