Entanglements In Legal History

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Entanglements in Legal History

Author : Thomas Duve
Publisher : Unknown
Page : 128 pages
File Size : 41,7 Mb
Release : 2014
Category : LAW
ISBN : 3944773101

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Entanglements in Legal History by Thomas Duve Pdf

Entangled Legalities Beyond the State

Author : Nico Krisch
Publisher : Cambridge University Press
Page : 521 pages
File Size : 45,8 Mb
Release : 2021-11-11
Category : Law
ISBN : 9781108843065

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Entangled Legalities Beyond the State by Nico Krisch Pdf

Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Legal Entanglements

Author : Sebastian Gehrig
Publisher : Berghahn Books
Page : 341 pages
File Size : 42,9 Mb
Release : 2021-05-14
Category : History
ISBN : 9781800730847

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Legal Entanglements by Sebastian Gehrig Pdf

During the division of Germany, law became the object of ideological conflicts and the means by which the two national governments conducted their battle over political legitimacy. Legal Entanglements explores how these dynamics produced competing concepts of statehood and sovereignty, all centered on citizens and their rights. Drawing on wide-ranging archival sources, including recently declassified documents, Sebastian Gehrig traces how politicians, diplomats, judges, lawyers, activists and intellectuals navigated the struggle between legal ideologies under the pressures of the Cold War and decolonization. As he shows, in their response to global debates over international law and human rights, their work kept the legal cultures of both German states entangled until 1989.

Law, History, and Justice

Author : Annette Weinke
Publisher : Berghahn Books
Page : 340 pages
File Size : 47,6 Mb
Release : 2018-12-17
Category : Political Science
ISBN : 9781789201062

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Law, History, and Justice by Annette Weinke Pdf

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.

Visualizing Law in the Age of the Digital Baroque

Author : Richard K Sherwin
Publisher : Routledge
Page : 274 pages
File Size : 44,8 Mb
Release : 2012-05-23
Category : Art
ISBN : 9781136718069

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Visualizing Law in the Age of the Digital Baroque by Richard K Sherwin Pdf

Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of law’s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.

Entanglements of Life with the Law

Author : John R. Campbell
Publisher : Cambridge Scholars Publishing
Page : 283 pages
File Size : 54,6 Mb
Release : 2020-11-09
Category : Social Science
ISBN : 9781527561793

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Entanglements of Life with the Law by John R. Campbell Pdf

This book examines the quality and nature of justice dispensed in London’s magistrates’ courts which are the lowest level of the United Kingdom’s Criminal Justice System. In 2016, approximately 230,000 individuals were prosecuted for a criminal offence in these courts, of whom about seventy percent pleaded guilty and were sentenced. Curiously, about eighty-five percent of those who pleaded ‘not guilty’ were subsequently tried, found guilty and sentenced. This book addresses a central paradox of criminal justice: how is it that magistrates are able to reach a guilty verdict despite the elusive and complex nature of ‘truth’ and reality? Research, together with observations of 238 remand hearings and 23 trials has led the author to arrive at some uncomfortable conclusions about a legal system undermined by government austerity policies and lacking in transparency. This book shows that the police fail to investigate most offences, that the Crown Prosecution Service is reliant on the cases which the police want prosecuted, that the quality of legal representation is poor, that magistrates’ decisions may be unjust, and that most defendants are not able to understand or participate in their hearing. Strikingly, a large percentage of defendants are from London’s ‘precariat’. They are young men who are destitute or who rely on unstable incomes; they are semi-literate, from Black and Ethnic Minority Communities, and their basic rights as citizens are being eroded. Because many are repeat offenders, they are recycled through the Criminal Justice System with limited assistance to address the problems which cause offending. Magistrates’ courts dispense ‘summary justice’ in very short hearings which means that defendants have a limited opportunity to defend themselves. In short, summary justice lacks basic due process rights in a legal process which bears a striking resemblance to ‘justice’ in authoritarian, non-democratic societies.

New Horizons in Spanish Colonial Law

Author : Thomas Duve,Heikki Pihlajamäki
Publisher : Max Planck Institute for European Legal History
Page : 268 pages
File Size : 47,9 Mb
Release : 2015-12-01
Category : Law
ISBN : 9783944773025

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New Horizons in Spanish Colonial Law by Thomas Duve,Heikki Pihlajamäki Pdf

http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."

The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 55,6 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191088377

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

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.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 53,7 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

The Oxford Handbook of Legal History

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 45,5 Mb
Release : 2018-08-02
Category : Law
ISBN : 9780192513137

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The Oxford Handbook of Legal History by Markus D. Dubber,Christopher Tomlins Pdf

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Smart Technologies and the End(s) of Law

Author : Mireille Hildebrandt
Publisher : Edward Elgar Publishing
Page : 295 pages
File Size : 52,6 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781849808774

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Smart Technologies and the End(s) of Law by Mireille Hildebrandt Pdf

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and

Entangled Legalities Beyond the State

Author : Nico Krisch
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,6 Mb
Release : 2021-10-31
Category : Law
ISBN : 1108823793

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Entangled Legalities Beyond the State by Nico Krisch Pdf

"The series provides unique perspectives on the way globalization is radically altering the study, discipline, and practice of law. Featuring innovative books in this growing field, the series explores those bodies of law which are becoming global in their application, and the newly emerging interdependency and interaction of different legal systems. It covers all major branches of the law and includes work on legal theory, history, and the methodology of legal practice and jurisprudence under conditions of globalization. Offering a major platform on global law, these books provide essential reading for students and scholars of comparative, international, and transnational law"--

On Mediation

Author : Karl Härter,Carolin F. Hillemanns,Günther Schlee
Publisher : Berghahn Books
Page : 238 pages
File Size : 43,8 Mb
Release : 2020-09-09
Category : Business & Economics
ISBN : 9781789208702

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On Mediation by Karl Härter,Carolin F. Hillemanns,Günther Schlee Pdf

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

Entangled Histories of the Balkans - Volume One

Author : Anonim
Publisher : BRILL
Page : 567 pages
File Size : 43,8 Mb
Release : 2013-07-15
Category : History
ISBN : 9789004250765

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Entangled Histories of the Balkans - Volume One by Anonim Pdf

The authors in this volume seek to treat the modern history of the Balkans from a transnational and relational perspective in terms of shared and connected, as well as entangled, histories, transfers and crossings.

The Right of Publicity

Author : Jennifer E. Rothman
Publisher : Harvard University Press
Page : 236 pages
File Size : 54,5 Mb
Release : 2018-05-01
Category : Law
ISBN : 9780674986350

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The Right of Publicity by Jennifer E. Rothman Pdf

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.