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Books > Law > Jurisprudence & general issues > Legal history

Congress and the People's Contest - The Conduct of the Civil War (Paperback): Paul Finkelman, Donald R Kennon Congress and the People's Contest - The Conduct of the Civil War (Paperback)
Paul Finkelman, Donald R Kennon; Contributions by Jonathan H. Earle, Eric H. Walther, Lesley J Gordon, …
R546 R466 Discovery Miles 4 660 Save R80 (15%) Shipped within 7 - 12 working days

The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment's notice. As a result, the young nation's political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some civilians had violently opposed the war effort, and emancipation was under way. This set the stage for Congress to play catch-up for much of the conflict. The result was an ongoing race to pass new laws and set policies. Throughout it all, Congress had to answer to a fractured and demanding public. In addition, Congress, no longer paralyzed by large numbers of Southern slave owners, moved forward on progressive economic and social issues-such as the transcontinental railroad and the land grant college act-which could not previously have been passed. In Congress and the People's Contest, Paul Finkelman and Donald R. Kennon have assembled some of the nation's finest scholars of American history and law to evaluate the interactions between Congress and the American people as they navigated a cataclysmic and unprecedented war. Displaying a variety and range of focus that will make the book a classroom must, these essays show how these interactions took place-sometimes successfully, and sometimes less so. Contributors: L. Diane Barnes, Fergus M. Bordewich, Jenny Bourne, Jonathan Earle, Lesley J. Gordon, Mischa Honeck, Chandra Manning, Nikki M. Taylor, and Eric Walther.

The History of ICSID (Paperback, 2nd Revised edition): Antonio R. Parra The History of ICSID (Paperback, 2nd Revised edition)
Antonio R. Parra
R685 Discovery Miles 6 850 Shipped within 7 - 12 working days

Now available in paperback, the second edition of The History of ICSID details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The four periods 1968 to 1988, 1989 to 1999, 2000 to 2010, and 2011 to 2015 are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, examines how ICSID might meet several large new challenges facing it, and outlines several possible further changes of its rules and procedures The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID. It is essential reading for those involved in this field.

The New Histories of International Criminal Law - Retrials (Hardcover): Immi Tallgren, Thomas Skouteris The New Histories of International Criminal Law - Retrials (Hardcover)
Immi Tallgren, Thomas Skouteris
R1,511 Discovery Miles 15 110 Shipped within 7 - 12 working days

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

The Sympathetic State - Disaster Relief and the Origins of the American Welfare State (Paperback): Michele Landis Dauber The Sympathetic State - Disaster Relief and the Origins of the American Welfare State (Paperback)
Michele Landis Dauber
R544 R508 Discovery Miles 5 080 Save R36 (7%) Shipped within 7 - 12 working days

Even as unemployment rates soared during the Great Depression, FDR's relief and social security programs faced attacks in Congress and the courts on the legitimacy of federal aid to the growing population of poor. In response, "New Dealers" pointed to a long tradition - dating back to 1790 and now largely forgotten - of federal aid to victims of disaster. In "The Sympathetic State", Michele Landis Dauber recovers this crucial aspect of American history, tracing the roots of the modern American welfare state beyond the New Deal and the Progressive Era back to the earliest days of the republic when relief was forthcoming for the victims of wars, fires, floods, hurricanes, and earthquakes. Drawing on a variety of materials, including newspapers, legal briefs, political speeches, art and literature of the time, and letters from thousands of ordinary Americans, Dauber shows that while this long history of government disaster relief has faded from our memory today, it was extremely well-known to advocates of an expanded role for the national government in the 1930s. Making this connection required framing the Great Depression as a disaster afflicting citizens through no fault of their own. Dauber argues that the disaster paradigm, though successful in defending the New Deal, would ultimately come back to haunt advocates for social welfare. By not making a more radical case for relief, proponents of the New Deal helped create the weak, uniquely American welfare state we have today - one torn between the desire to come to the aid of those suffering and the deeply rooted suspicion that those in need are responsible for their own deprivation. Contrary to conventional thought, the history of federal disaster relief is one of remarkable consistency, despite significant political and ideological change. Dauber's pathbreaking and highly readable book uncovers the historical origins of the modern American welfare state.

Shakespeare and the Law - A Conversation Among Disciplines and Professions (Paperback): Bradin Cormack, Martha C. Nussbaum,... Shakespeare and the Law - A Conversation Among Disciplines and Professions (Paperback)
Bradin Cormack, Martha C. Nussbaum, Richard Strier
R375 Discovery Miles 3 750 Shipped within 7 - 12 working days

William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life, and trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. The book's opening essays offer perspectives on law and literature that emphasize both the continuities and contrasts between the two fields. The second section considers Shakespeare's awareness of common law thinking and common law practice, while the third inquires into Shakespeare's general attitudes toward legal systems. The fourth part of the book looks at how law enters into conversation with issues of politics and community, whether in the plays, in Shakespeare's world, or in our own world. Finally, a colloquy among Supreme Court Justice Stephen Breyer, Judge Richard Posner, Martha C. Nussbaum, and Richard Strier covers everything from the ghost in Hamlet to the nature of judicial discretion.

Lawtalk - The Unknown Stories Behind Familiar Legal Expressions (Hardcover): James E Clapp, Elizabeth G Thornburg, Marc... Lawtalk - The Unknown Stories Behind Familiar Legal Expressions (Hardcover)
James E Clapp, Elizabeth G Thornburg, Marc Galanter, Fred R. Shapiro
R911 Discovery Miles 9 110 Shipped within 7 - 12 working days

Law-related words and phrases abound in our everyday language, often without our being aware of their origins or their particular legal significance: "boilerplate," "jailbait," "pound of flesh," "rainmaker," "the third degree." This insightful and entertaining book reveals the unknown stories behind familiar legal expressions that come from sources as diverse as Shakespeare, vaudeville, and Dr. Seuss. Separate entries for each expression follow no prescribed formula but instead focus on the most interesting, enlightening, and surprising aspects of the words and their evolution. Popular myths and misunderstandings are explored and exploded, and the entries are augmented with historical images and humorous sidebars.

Lively and unexpected, "Lawtalk" will draw a diverse array of readers with its abundance of linguistic, legal, historical, and cultural information. Those readers should be forewarned: upon finishing one entry, there is an irresistible temptation to turn to another, and yet another . . .

Hate Crimes in Cyberspace (Paperback): Danielle Keats Citron Hate Crimes in Cyberspace (Paperback)
Danielle Keats Citron
R356 R270 Discovery Miles 2 700 Save R86 (24%) Shipped within 8 - 13 working days

Some see the internet as a Wild West where those who venture online must be thick-skinned enough to ensure verbal attacks in the name of free speech protection. Danielle Keats Citron rejects this view. Cyber-harassment is a matter of civil rights law, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.

Constitutional Democracy in Crisis? (Hardcover): Mark A. Graber, Sanford Levinson, Mark Tushnet Constitutional Democracy in Crisis? (Hardcover)
Mark A. Graber, Sanford Levinson, Mark Tushnet
R1,772 Discovery Miles 17 720 Shipped within 7 - 12 working days

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Legal Lessons - Popularizing Laws in the People's Republic of China, 1949-1989 (Hardcover): Jennifer Altehenger Legal Lessons - Popularizing Laws in the People's Republic of China, 1949-1989 (Hardcover)
Jennifer Altehenger
R913 R775 Discovery Miles 7 750 Save R138 (15%) Shipped within 7 - 11 working days

The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949-1976) and in the decade after Mao's death. Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote "correct" understanding of written laws intersected with people's interpretations and practical experiences. They also show how diverse groups-including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people-helped to define the meaning of laws in China's socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.

Cicero's Law - Rethinking Roman Law of the Late Republic (Paperback): Paul J. Du Plessis Cicero's Law - Rethinking Roman Law of the Late Republic (Paperback)
Paul J. Du Plessis
R461 R419 Discovery Miles 4 190 Save R42 (9%) Shipped within 7 - 12 working days

A fundamental re-assessment of Cicero's place in Roman law This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. ContributorsBenedikt Forschner Catherine Steel Christine Lehne-Gstreinthaler Jan Willem Tellegen Jennifer Hilder Jill Harries Matthijs Wibier Michael C. Alexander Olga Tellegen-Couperus Philip Thomas Saskia T. Roselaar Yasmina Benferhat

Portrait of a Patriot v. 4 - The Major Political and Legal Papers of Josiah Quincy Junior (Hardcover, Annotated edition): Portrait of a Patriot v. 4 - The Major Political and Legal Papers of Josiah Quincy Junior (Hardcover, Annotated edition)
R746 R582 Discovery Miles 5 820 Save R164 (22%) Shipped within 7 - 11 working days

The most unique and important of all early American law reports are those of Josiah Quincy Jr. (1744-1775). These are the first reports of continental America's oldest court, the Superior Court of Judicature of the Province of Massachusetts Bay, direct ancestor to today's Massachusetts Supreme Judicial Court. Quincy's candid accounts of events great and small shed light on life in the American colonies just before the Revolution. Reports such as Paxton's Case of the Writs of Assistance (1761) have become great landmarks of American constitutional law, cited by the Supreme Court of the United States. Others, such as Hanlon v. Thayer (1764), involved important women's rights, or, such as Oliver v. Sale (1762) and Allison v. Cockran (1764), vividly demonstrated the legal establishment of slavery. Even the so-called routine cases--those involving sale of goods and early consumer protection, keeping a "bawdy house," women fighting for their children's legitimacy, pirates, apprentices, militia men, double-crossers and frauds, "fences" for stolen goods, and many more--provide an invaluable picture of our early legal system and colonial society.

Daniel R. Coquillette not only provides new annotations for these cases first annotated by Samuel Quincy Jr. in 1865, but also includes an extensive introduction that sets out a lucid and compelling road map to these historic reports and their continuing significance.

Volumes 4 and 5 complete this five-volume series.

Distributed for the Colonial Society of Massachusetts

Portrait of a Patriot v. 5 - The Major Political and Legal Papers of Josiah Quincy Junior (Hardcover, annotated edition): Portrait of a Patriot v. 5 - The Major Political and Legal Papers of Josiah Quincy Junior (Hardcover, annotated edition)
R764 R599 Discovery Miles 5 990 Save R165 (22%) Shipped within 7 - 11 working days

The most unique and important of all early American law reports are those of Josiah Quincy Jr. (1744-1775). These are the first reports of continental America's oldest court, the Superior Court of Judicature of the Province of Massachusetts Bay, direct ancestor to today's Massachusetts Supreme Judicial Court. Quincy's candid accounts of events great and small shed light on life in the American colonies just before the Revolution. Reports such as Paxton's Case of the Writs of Assistance (1761) have become great landmarks of American constitutional law, cited by the Supreme Court of the United States. Others, such as Hanlon v. Thayer (1764), involved important women's rights, or, such as Oliver v. Sale (1762) and Allison v. Cockran (1764), vividly demonstrated the legal establishment of slavery. Even the so-called routine cases--those involving sale of goods and early consumer protection, keeping a "bawdy house," women fighting for their children's legitimacy, pirates, apprentices, militia men, double-crossers and frauds, "fences" for stolen goods, and many more--provide an invaluable picture of our early legal system and colonial society.

Daniel R. Coquillette not only provides new annotations for these cases first annotated by Samuel Quincy Jr. in 1865, but also includes an extensive introduction that sets out a lucid and compelling road map to these historic reports and their continuing significance.

Volumes 4 and 5 complete this five-volume series.

Distributed for the Colonial Society of Massachusetts

The Decline of Private Law - A Philosophical History of Liberal Legalism (Hardcover): Goncalo de Almeida Ribeiro The Decline of Private Law - A Philosophical History of Liberal Legalism (Hardcover)
Goncalo de Almeida Ribeiro
R1,619 Discovery Miles 16 190 Shipped within 7 - 11 working days

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

A Dharma Reader - Classical Indian Law (Hardcover): Patrick Olivelle A Dharma Reader - Classical Indian Law (Hardcover)
Patrick Olivelle
R1,411 R1,054 Discovery Miles 10 540 Save R357 (25%) Shipped within 7 - 12 working days

Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished? Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.

The Roman Law of Obligations (Paperback): Peter Birks The Roman Law of Obligations (Paperback)
Peter Birks
R707 Discovery Miles 7 070 Shipped within 7 - 12 working days

The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time. The lectures present a clear conceptual map of the Roman law of obligations, guiding readers through the institutional structure of contract, delict, quasi-contract, and quasi-delict. They introduce readers to the terminology needed to understand the foundations of Roman law, and the conceptual framework of the law of obligations that left an enduring legacy on European private law. The lectures offer an invaluable introduction to Roman private law for those coming to the subject for the first time. They will also make stimulating reading for academics and lawyers interested in Roman law, European legal history, and the lasting influence of Roman law on modern private law.

An Introduction to the Legal System of the United States, Fourth Edition (Paperback, 4th Revised edition): E. Allan Farnsworth An Introduction to the Legal System of the United States, Fourth Edition (Paperback, 4th Revised edition)
E. Allan Farnsworth; Edited by Steve Sheppard
R887 Discovery Miles 8 870 Shipped within 7 - 12 working days

In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. AnIntroduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices.
This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.

Wisconsin and the Shaping of American Law (Hardcover): Joseph A Ranney Wisconsin and the Shaping of American Law (Hardcover)
Joseph A Ranney
R874 R815 Discovery Miles 8 150 Save R59 (7%) Shipped within 7 - 11 working days

A guide to the complex history of state laws and their importance to all Americans State laws affect nearly every aspect of our daily lives-our safety, personal relationships, and business dealings-but receive less scholarly attention than federal laws and courts. Joseph A. Ranney looks at how state laws have evolved and shaped American history, through the lens of the historically influential state of Wisconsin. Organized around periods of social need and turmoil, the book considers the role of states as legal laboratories in establishing American authority west of the Appalachians, in both implementing and limiting Jacksonian reforms and in navigating legal crises before and during the Civil War-including Wisconsin's invocation of sovereignty to defy federal fugitive slave laws. Ranney also surveys judicial revolts, the reforms of the Progressive era, and legislative responses to struggles for civil rights by immigrants, women, Native Americans, and minorities in the nineteenth and twentieth centuries. Since the 1960s, battles have been fought at the state level over such issues as school vouchers, voting, and abortion rights.

The Development of a Russian Legal Consciousness (Paperback, New): Richard S. Wortman The Development of a Russian Legal Consciousness (Paperback, New)
Richard S. Wortman
R643 R595 Discovery Miles 5 950 Save R48 (7%) Shipped within 7 - 12 working days

Until the nineteenth century, the Russian legal system was subject to an administrative hierarchy headed by the tsar, and the courts were expected to enforce, not interpret the law. Richard S. Wortman here traces the first professional class of legal experts who emerged during the reign of Nicholas I (1826 - 56) and who began to view the law as a uniquely modern and independent source of authority. Discussing how new legal institutions fit into the traditional system of tsarist rule, Wortman analyzes how conflict arose from the same intellectual processes that produced legal reform. He ultimately demonstrates how the stage was set for later events, as the autocracy and judiciary pursued contradictory--and mutually destructive--goals.

Justice and Mercy - Moral Theology and the Exercise of Law in Twelfth-Century England (Hardcover): Philippa Byrne Justice and Mercy - Moral Theology and the Exercise of Law in Twelfth-Century England (Hardcover)
Philippa Byrne
R1,778 R1,654 Discovery Miles 16 540 Save R124 (7%) Shipped within 7 - 12 working days

This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law. -- .

A Treatise of Legal Philosophy and General Jurisprudence - Vol. 9: A History of the Philosophy of Law in the Civil Law World,... A Treatise of Legal Philosophy and General Jurisprudence - Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days. (Hardcover, 2009 ed.)
Damiano Canale; Edited by (editors-in-chief) Enrico Pattaro; Edited by Paolo Grossi, Hasso Hofmann, Patrick Riley
R6,623 R5,510 Discovery Miles 55 100 Save R1,113 (17%) Shipped within 7 - 12 working days

TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600-1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600-1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers' philosophy of law (let us refer to this philosophy as A).

One Word - Yak Kaleme - 19th Century Persian Treatise Introducing Western Codified Law (Paperback): A. A Seyed-Gohrab, Sen... One Word - Yak Kaleme - 19th Century Persian Treatise Introducing Western Codified Law (Paperback)
A. A Seyed-Gohrab, Sen McGlinn
R712 Discovery Miles 7 120 Shipped within 7 - 11 working days

One Word - Yak Kaleme was one of the first treatises in the Middle East to demonstrate that Islam is compatible with the introduction of modern western forms of government, and specifically that the principles of the sharia can be incorporated in a codified law comparable to that found in European countries. This was a daring argument in the late 19th century, when it was extremely difficult to convince the rulers and religious class that a civil code of law was needed: would it not diminish the status of the ruler, and would it not be an admission that the religious law, the sharia, was deficient? The author, Mirza Yu ~ suf Kha ~ n Mustashar al-Dawla (d. 1895), was a liberal-minded bureaucrat campaigning for reform of the absolutist system and the creation of one based on European principles of government. He held several posts abroad including St Petersburg (1854-62), and Paris (1867-71), as well as carrying out administrative duties in Iran itself. In One Word he argues that the principles underlying constitutional government can be found in Islamic sources, particularly in the Quran and traditions of the Prophet. Unlike some Oriental travellers to Europe at that time, he observed that European dominance was not derived from a few technological advances, but primarily from the organisation of society, on the basis of codified law. One Word was a significant text in the lead-up to the Iranian Constitutional Revolution of 1906, but its message is relevant today.

The Medieval Origins of the Legal Profession - Canonists, Civilians, and Courts (Paperback): James A. Brundage The Medieval Origins of the Legal Profession - Canonists, Civilians, and Courts (Paperback)
James A. Brundage
R779 Discovery Miles 7 790 Shipped within 7 - 13 working days

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's "The Medieval Origins of the Legal Profession" traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church.
By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, "The Medieval Origins of the Legal Profession "will be a resource for the professional and the student alike.

The Law of the Constitution (Paperback): A.V. Dicey The Law of the Constitution (Paperback)
A.V. Dicey; Edited by J. W. F. Allison
R912 Discovery Miles 9 120 Shipped within 7 - 12 working days
Court-martial of Apache Kid, the Renegade of Renegades (Hardcover): Clare V McKanna Court-martial of Apache Kid, the Renegade of Renegades (Hardcover)
Clare V McKanna; Foreword by Sidney L. Harring
R543 R426 Discovery Miles 4 260 Save R117 (22%) Shipped within 7 - 11 working days

In 1887, when a young first sergeant of scouts at San Carlos Agency left his duty station to avenge his grandfather's murder in a tribal manner, he began an inextricable journey through three legal systems: Apache, military, and civil. Though his trials would not end in justice, each played its part in transforming Apache Kid into Arizona's legendary renegade of renegades. Tried for desertion and mutiny under military law, Kid escaped death by firing squad when his sentence was remitted on appeal. Civil authorities then charged and convicted Kid for assault to murder and sentenced him to seven years in the Arizona Territorial Prison at Yuma. Though Kid spoke no more than seven hundred words at his court martial, Clare McKanna's use of them in illuminating this legal odyssey is as compelling as Kid's escape and legend.

Endowed by Our Creator - The Birth of Religious Freedom in America (Hardcover): Michael I. Meyerson Endowed by Our Creator - The Birth of Religious Freedom in America (Hardcover)
Michael I. Meyerson
R621 Discovery Miles 6 210 Shipped within 7 - 12 working days

The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favours any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all - including agnostics and atheists - that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide, or to inspire and unify our religiously diverse nation.

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