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.

This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression 'dominus mundi', following it through the texts of the medieval jurists - the Glossators and Post-Glossators - up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues "that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoule - repressed - a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place." In making this argument, the book adds an important original vision to current debates in legal and political philosophy.

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 María 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 María,� 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/María 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.

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

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.