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Books > Law > Jurisprudence & general issues > Foundations of law
This book brings together past and present law commissioners,
judges, practitioners, academics and law reformers to analyse the
past, present and future of the Law Commissions in the United
Kingdom and beyond. Its internationally recognised authors bring a
wealth of experience and insight into how and why law reform does
and should take place, covering statutory and non-statutory reform
from national and international perspectives. The chapters of the
book developed from papers given at a conference to mark the
fiftieth anniversary of the Law Commissions Act 1965.
Can there be universal moral principles in a culturally and
religiously diverse world? Are such principles provided by a theory
of natural law? Jacques response to both questions is "yes".
These essays, selected from the writings of one of the most
influential philosophers of the past hundred years, provide a clear
statement of Maritain's theory of natural law and natural rights.
Maritain's ethics and political philosophy occupies a middle ground
between the extremes of individualism and collectivism. Written
during a period when cultural diversity and pluralism were
beginning to have an impact on ethics and politics, these essays
provide a defense of natural law and natural right that continues
to be timely.
The first essay introduces Maritain's theory of connatural
knowledge -- knowledge by inclination -- that lies at the basis of
his distinctive views on moral philosophy, aesthetics, and mystical
belief. The second essay gives Maritain's principal metaphysical
arguments for natural law as well as his account of how that law
can be naturally known and universally held.
The third essay in this collection explains the roots of the
natural law and shows how it provides a rational foundation for
other kinds of law and for human rights. In the fourth essay,
reflecting his personalism and integral humanism, Maritain
indicates how he extends his understanding of human rights to
include the rights of the civic and of the social or working
person.
This volume arises from the inaugural Public Law Conference hosted
in September 2014 by the Centre for Public Law at the University of
Cambridge, which brought together leading public lawyers from a
number of common law jurisdictions. While those from such
jurisdictions share background understandings, significant
differences within the common law world create opportunities for
valuable exchanges of ideas and debate. This collection draws upon
one of the principal sub-themes that emerged during the conference
- namely, the the way in which relationships and distinctions
between the notions of 'process' and 'substance' play out in
relation to and inform adjudication in public law cases. The essays
contained in this volume address those issues from a variety of
perspectives. While the bulk of the chapters consider topical
issues in judicial review, either on common law or human rights
grounds, or both, other chapters adopt more theoretical,
historical, empirical or contextual approaches. Concluding chapters
reflect generally on the papers in the collection and the value of
facilitating cross-jurisdictional dialogue.
A study and revision guide for Scots law students of Roman
law'Roman Law Essentials' provides a clear overview of the
structure of Roman government and society. It first introduces the
sources and development of Roman Law. Then, it examines the three
keystones of Roman Law: The Law of Persons, The Law of Things and
the Law of Actions. The final section appraises the reception of
Roman Law into medieval Canon Law and the 'Ius Commune', from which
many of the world's leading legal systems developed. The guide
gives special attention to the evolution of Scots Law from Roman
Law. Key FeaturesCase studies have been updated for the second
editionCompares Roman law with other early legal systems to show
why Roman law was special and how it was folded into other medieval
legal structures in Europe and BritainSummary sections of Essential
Facts and Essential Cases to help students remember the key
elements of the subject
In 1803 in the colonial South American city of La Plata, Doña
Martina Vilvado y Balverde presented herself to church and crown
officials to denounce her husband of more than four years, Don
Antonio Yta, as a “woman in disguise.†Forced to submit to a
medical inspection that revealed a woman’s body, Don Antonio
confessed to having been MarÃa Yta, but continued to assert his
maleness and claimed to have a functional “member†that
appeared, he said, when necessary. Passing to América is at once a
historical biography and an in-depth examination of the sex/gender
complex in an era before “gender†had been divorced from
“sex.†The book presents readers with the original court
docket, including Don Antonio’s extended confession, in which he
tells his life story, and the equally extraordinary biographical
sketch offered by Felipa Ybañez of her “son MarÃa,†both in
English translation and the original Spanish. Thomas A.
Abercrombie’s analysis not only grapples with how to understand
the sex/gender system within the Spanish Atlantic empire at the
turn of the nineteenth century but also explores what
Antonio/MarÃa and contemporaries can teach us about the
complexities of the relationship between sex and gender today.
Passing to América brings to light a previously obscure case of
gender transgression and puts Don Antonio’s life into its social
and historical context in order to explore the meaning of
“trans†identity in Spain and its American colonies. This
accessible and intriguing study provides new insight into
historical and contemporary gender construction that will interest
students and scholars of gender studies and colonial Spanish
literature and history. This book is freely available in an open
access edition thanks to TOME (Toward an Open Monograph
Ecosystem)—a collaboration of the Association of American
Universities, the Association of University Presses and the
Association of Research Libraries—and the generous support of New
York University. Learn more at the TOME website:
openmonographs.org.
In less than fifty-three years, Rome subjected most of the known world to its rule. Written by a team of specialist scholars, this book traces the rise of Rome from its origins as a cluster of villages to the foundation of the Empire and its consolidation in the first two centuries CE.
Building on earlier work in the anthropology of law and taking a
critical stance toward it, June Starr and Jane F. Collier ask,
"Should social anthropologists continue to isolate the 'legal' as a
separate field of study?" To answer this question, they confront
critics of legal anthropology who suggest that the subfield is
dying and advocate a reintegration of legal anthropology into a
renewed general anthropology. Chapters by anthropologists,
sociologists, and law professors, using anthropological rather than
legal methodologies, provide original analyses of particular legal
developments. Some contributors adopt an interpretative approach,
focusing on law as a system of meaning; others adopt a
materialistic approach, analyzing the economic and political forces
that historically shaped relations between social groups.
Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn,
George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader,
June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
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