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Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law Author Paul Brand
ISBN-10 9781139505574
Release 2012-01-12
Pages
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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.



Ancient Law Ancient Society

Ancient Law  Ancient Society Author Dennis P. Kehoe
ISBN-10 9780472130436
Release 2017-08-15
Pages 216
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An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds



Political Trials in Theory and History

Political Trials in Theory and History Author Jens Meierhenrich
ISBN-10 9781108107655
Release 2017-02-27
Pages
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From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.



Laws Lawyers and Texts

Laws  Lawyers and Texts Author
ISBN-10 9789004232570
Release 2012-06-22
Pages 442
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This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.



An Historical Introduction to Modern Civil Law

An Historical Introduction to Modern Civil Law Author Thomas Glyn Watkin
ISBN-10 9781351958905
Release 2017-07-05
Pages 508
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The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.



The Law Times

The Law Times Author
ISBN-10 UCAL:C3008932
Release 1897
Pages
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The Law Times has been writing in one form or another for most of life. You can find so many inspiration from The Law Times also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Law Times book for free.



The Making of South African Legal Culture 1902 1936

The Making of South African Legal Culture 1902 1936 Author Martin Chanock
ISBN-10 0521791561
Release 2001-03-05
Pages 571
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Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and 'Rule of Law' questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization.



A Law Dictionary and Glossary

A Law Dictionary and Glossary Author Alexander Mansfield Burrill
ISBN-10 UOM:35112104913001
Release 1867
Pages
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A Law Dictionary and Glossary has been writing in one form or another for most of life. You can find so many inspiration from A Law Dictionary and Glossary also informative, and entertaining. Click DOWNLOAD or Read Online button to get full A Law Dictionary and Glossary book for free.



A Matter of Interpretation Federal Courts and the Law

A Matter of Interpretation  Federal Courts and the Law Author Antonin Scalia
ISBN-10 9781400882953
Release 2018-01-30
Pages 200
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.



A History of Law in Europe

A History of Law in Europe Author Antonio Padoa-Schioppa
ISBN-10 9781107180697
Release 2017-08-03
Pages 820
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The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.



The Irish Law Times and Solicitors Journal

The Irish Law Times and Solicitors  Journal Author
ISBN-10 HARVARD:32044106251259
Release 1868
Pages
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The Irish Law Times and Solicitors Journal has been writing in one form or another for most of life. You can find so many inspiration from The Irish Law Times and Solicitors Journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Irish Law Times and Solicitors Journal book for free.



A Concise History of the Common Law

A Concise History of the Common Law Author Theodore Frank Thomas Plucknett
ISBN-10 9781584771371
Release 2001
Pages 802
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Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.



Common law and liberal theory

Common law and liberal theory Author James Reist Stoner
ISBN-10 UOM:39076001431787
Release 1992
Pages 287
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Common law and liberal theory has been writing in one form or another for most of life. You can find so many inspiration from Common law and liberal theory also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Common law and liberal theory book for free.



The Path of the Law

The Path of the Law Author Oliver Wendell Holmes Jr.
ISBN-10 9781775410577
Release 2009-05-01
Pages 42
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The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.



Law Liberty and the Constitution

Law  Liberty and the Constitution Author Harry Potter
ISBN-10 9781783270118
Release 2015
Pages 352
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A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.



The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright

The royal dictionary cyclop  dia  for universal reference  compiled under the direction of T  Wright Author Thomas Wright
ISBN-10 OXFORD:600093363
Release 1862
Pages
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The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright has been writing in one form or another for most of life. You can find so many inspiration from The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright book for free.



The World Book encyclopedia

The World Book encyclopedia Author World Book, Inc
ISBN-10 0716601001
Release 2000
Pages
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An encyclopedia designed especially to meet the needs of elementary, junior high, and senior high school students.