This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history.

In Fragile Dreams,John A. Gould examines Central European communism, why it failed, and what has come since. Moving loosely chronologically from 1989 to the present, each chapter focuses on topics of importance from the fields of comparative politics and sociology, to feminist and gender studies. He addresses literature and key events related to the following: uprisings and social movements; communism and liberalism; the 20th century communist experience; post-communist liberal economic and political reform; politicized identity (with a focus on nation, gender and sexual orientation); democratization and EU accession; homophobia; and finally, populism and democratic decline. He draws heavily from his own research and experience as well as case studies of the former Czechoslovakia, Western Balkans, and Hungary-but much of the analysis has general applicability to the broader postcommunist region.Broad in its coverage, this academically rigorous book is ideal for students, travelers, and general readers. Gould writes in the first person and seamlessly blends theory with stories both from the existing literature and from 30 years of regional personal experience with family and friends. Throughout, Gould introduces key concepts, players, and events with precise definitions. Wherever possible, he emphasizes marginalized narratives, centering theory and stories that are often overlooked in standard comparative political science literature.

Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method-actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.

The new Liberty Fund edition of "The Selected Writings of Sir Edward Coke" includes selections from the four volumes of the "Institutes" and cases from the "Reports," and several of Coke's speeches in Parliament. Taken together, these writings delineate the origin and nature of the modern common law and indicate the profound interrelationship in the English tradition of custom, common law, authority (of both Crown and Commons), and individual liberty. Coke's great law books and speeches are well represented on Magna Carta, citizenship, habeas corpus, freedom from wrongful search and arrest, the origins of law, judicial review, administrative law, judging, criminal law, the moral obligations of officials, the powers of King, Parliament, church, and the law, property and rights, and the profession and study of law. "The Selected Writings of Sir Edward Coke" is the first anthology of his works ever published.Steve Sheppard is a professor at the School of Law, University of Arkansas. He writes on constitutional history and theory, legal history, property law, and general jurisprudence, and he has edited "The History of Legal Education" (Salem Press, 1998).Click here for a pdf of the "Selected Writings of Sir Edward Coke" brochure

The readings in Justice include the central philosophical statements about justice in society organized to illustrate both the political vision of a good society and different attempts at an analysis of the concept of justice.

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

In this book, Jeffrey Merrick brings together a rich array of primary-source documents—many of which are published or translated here for the first time—that depict in detail the policing of same-sex populations in eighteenth-century France and the ways in which Parisians regarded what they called sodomy or pederasty and tribadism. Taken together, these documents suggest that male and female same-sex relations played a more visible public role in Enlightenment-era society than was previously believed. The translated and annotated sources included here show how robust the same-sex subculture was in eighteenth-century Paris, as well as how widespread the policing of sodomy was at the time. Part 1 includes archival police records from the 1720s to the 1780s that show how the police attempted to manage sodomitical activity through surveillance and repression; part 2 includes excerpts from treatises and encyclopedias, published nouvelles (collections of news) and libelles (libelous writings), fictive portrayals, and Enlightenment treatments of the topic that include calls for legal reform. Together these sources show how contemporaries understood same-sex relations in multiple contexts and cultures, including their own. The resulting volume is an unprecedented look at the role of same-sex relations in the culture and society of the era. The product of years of archival research curated, translated, and annotated by a premier expert in the field, Sodomites, Pederasts, and Tribades in Eighteenth-Century France provides a foundational primary text for the study and teaching of the history of sexuality.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

International law is a fundamentally modern phenomenon. Tracing its roots to nineteenth-century pronouncements on the 'law of nations,' the discipline took shape in the elaborate treaty structures of the post-First World War era and in the institutions and tribunals established after the Second World War. International law as scholars know and study it today is a product of modernism. In The Aesthetics of International Law, Ed Morgan engages in a literary parsing of international legal texts. In order to demonstrate how these types of legal narratives are imbued with modernist aesthetics, Morgan juxtaposes international legal documents and modern (as well as some immediately pre- and post-modern) literary texts. He demonstrates how the same intellectual currents that flow through the works of authors ranging from Edgar Allan Poe to James Joyce to Vladimir Nabokov are also present in legal doctrines ranging from the law of war to international commercial disputes to human rights. By providing a comparative, interdisciplinary account of this modern phenomenon, Morgan's work highlights the ways judges, lawyers, and state representatives artfully exploit the narratives of international law. It demonstrates that just as modernist literature developed complex narrative techniques as a way of dealing with the human condition, modern international law has developed parallel argumentative techniques as a way of dealing with international political conditions.

Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main concepts. Drawing on recent research in the history of law, this book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. Hubert Treiber provides commentary in a manner informed both historically and sociologically. The book explores Weber's concepts in relation to the creation of laws between secular the religious powers. The book goes on to examine the codifications that were undertaken by Prussian absolutism and Napoleon in the Code Civil. It further covers Weber's thoughts on antiformal legal tendencies, issues that are still prevalent in law today. This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Treiber's introduction is much more than a simple guide through a complicated text. It is an important work in its own right and critical for any student of the sociology of law.

Consumer protection law in the age of globalization poses new challenges for policy makers. This book provides an international perspective on consumer law and the difficulties encountered by consumers in search of practical remedies and solutions for defective products and services. Leading scholars outline the key problems faced by legislators in different countries seeking to adapt consumer laws to the global marketplace. Topics include standard form contracts; the legal challenges posed by mass infection (such as mad-cow disease and CJD); consumers and services; consumer bankruptcy law; and cross-border transactions.

The author's investigation of early-modern Javanese law reveals that judicial authority does not come from the contents of legal titles or juridical texts, but from legal maxims and variations thereof. A century and a half ago Simon Keyzer, a recognized scholar of Javanese law, noted that understanding of that law is dependent upon a grasp of such pithy expressions, which provide the key to the whole body of suits. (Preface, C.F. Winter, Javaansche Zamenspraken, 1858, which examines hundreds of sloka, the majority of which are directed to prevailing legal practice). Drawing upon the contents of 18th century Javanese legal texts, the present work builds upon Keyzer's and Winter's references to 'sloka-phenomena', namely sloka proper (maxims) and its derivatives sinalokan (that made of sloka), aksara here meaning legal principles, and prakara (matter, case). These are usually conveyed in vignettes illustrating their function and as a group, constitute the essence of traditional Javanese written law.

This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir's lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends.

Preface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist ("Germanic"), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siecle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte ("New Right") to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.

Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career and intriguing personal life, Kennedy's story is largely a mystery. Weaving together a number of key events, Martin L. Friedland's lively biography discusses Kennedy's contributions as a legal and interdisciplinary scholar, his work at the University of Toronto where he founded the Faculty of Law, as well as his personal life, detailing stories about his family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy's exaggerated involvement in drafting the Irish constitution, his relationships with female students, and his quest for recognition. Throughout the biography, Friedland interjects with his own personal narratives surrounding his interactions with the Kennedy family, and how he came to acquire the private letters noted in the book. The result is a readable, accessible biography of an important figure in the history of Canadian intellectual life.

The early American legal system permeated the lives of colonists and reflected their sense of what was right and wrong, honorable and dishonorable, moral and immoral. In a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law. As trials throughout the country reveal, alleged malefactors such as witches, wife beaters, and whores, as well as debtors, rapists, and fornicators, were as much a part of the social landscape as farmers, merchants, and ministers. Ordinary people "made" law by establishing and enforcing informal rules of conduct. Codified by a handshake or over a mug of ale, such agreements became custom and custom became "law." Furthermore, by submitting to formal laws initiated from above, common folk legitimized a government that depended on popular consent to rule with authority.

In this book we meet Marretie Joris, a New Amsterdam entrepreneur who sues Gabriel de Haes for calling her a whore; peer cautiously at Christian Stevenson, a Bermudian witch as bad "as any in the world;" and learn that Hannah Dyre feared to be alone with her husband and subsequently died after a beating. We travel with Comfort Taylor as she crosses Narragansett Bay with Cuff, an enslaved ferry captain, whom she accuses of attempted rape, and watch as Samuel Banister pulls the trigger of a gun that kills the sheriff's deputy who tried to evict Banister from his home. And finally, we consider the promiscuous Marylanders Thomas Harris and Ann Goldsborough, who parented four illegitimate children, ran afoul of inheritance laws, and resolved matters only with the assistance of a ghost. Through the six trials she skillfully reconstructs here, Crane offers a surprising new look at how early American society defined and punished aberrant behavior, even as it defined itself through its legal system."

English summary: Between 1813 and 1833, Schleiermacher gave five lectures on the theory of the state at the newly established University of Berlin, lectures in which he was supportive of the Prussian reforms. Unlike Hegel's philosophy of law, Schleiermacher's political theories had scarcely any effects. It was not until 1998 that a critical edition of the manuscripts and transcripts was published. Miriam Rose provides the first comprehensive and systematic interpretation of Schleiermacher's theory of the state referring to the state discourses after the French Revolution. Schleiermacher's liberal, freedom-oriented attitude is shown in thematic cross-sections of the problems of war and peace as well as the state and the church. Using the issue of individual freedom as an example, the author describes the specific characteristics of this concept. She proves that in spite of its liberal orientation this is not a liberal concept. German description: Schleiermacher hielt zwischen 1813 und 1833 funf Vorlesungen zur Staatslehre an der neugegrundeten Universitat Berlin, in denen er die Preussischen Reformen unterstutzte. Im Unterschied zu Hegels Rechtsphilosophie entfaltete Schleiermachers politisches Denken aber kaum Wirkung. Erst seit 1998 liegt eine kritische Edition der entsprechenden Manuskripte und Nachschriften vor. Miriam Rose liefert erstmals eine umfassende systematische Erschliessung der Staatslehre Schleiermachers bezogen auf die Staatsdiskurse nach der Franzosischen Revolution. In thematischen Langsschnitten, u.a. zu den Problemen Krieg und Frieden sowie Staat und Kirche, zeigt sich die liberale Orientierung Schleiermachers. Die spezifische Eigenart dieser Konzeption profiliert die Autorin anhand der Frage nach der Freiheit des Einzelnen. Sie stellt heraus, dass es sich trotz der liberalen Orientierung um keinen liberalen Entwurf handelt.

The early American legal system permeated the lives of colonists and reflected their sense of what was right and wrong, honorable and dishonorable, moral and immoral. In a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law. As trials throughout the country reveal, alleged malefactors such as witches, wife beaters, and whores, as well as debtors, rapists, and fornicators, were as much a part of the social landscape as farmers, merchants, and ministers. Ordinary people "made" law by establishing and enforcing informal rules of conduct. Codified by a handshake or over a mug of ale, such agreements became custom and custom became "law." Furthermore, by submitting to formal laws initiated from above, common folk legitimized a government that depended on popular consent to rule with authority.

In this book we meet Marretie Joris, a New Amsterdam entrepreneur who sues Gabriel de Haes for calling her a whore; peer cautiously at Christian Stevenson, a Bermudian witch as bad "as any in the world;" and learn that Hannah Dyre feared to be alone with her husband and subsequently died after a beating. We travel with Comfort Taylor as she crosses Narragansett Bay with Cuff, an enslaved ferry captain, whom she accuses of attempted rape, and watch as Samuel Banister pulls the trigger of a gun that kills the sheriff's deputy who tried to evict Banister from his home. And finally, we consider the promiscuous Marylanders Thomas Harris and Ann Goldsborough, who parented four illegitimate children, ran afoul of inheritance laws, and resolved matters only with the assistance of a ghost. Through the six trials she skillfully reconstructs here, Crane offers a surprising new look at how early American society defined and punished aberrant behavior, even as it defined itself through its legal system."

Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder.

With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence.

Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.

Galileo's trial in 1633 before the Roman Inquisition is one of the most frequently mentioned topics in the history of science. Galileo's encounter with the Catholic Church was not only a major turning point in the history of western culture; it is the paradigm case of the clash between the institutional authority of religion and the authority of scientific reason, a clash that has come to define the modern era. Blackwell's new contribution to "the Galileo affair" concerns the official theological position against Galileo. The centerpiece of his project is the treatise entitled Tractatus syllepticus, written by Melchior Inchofer, S.J., whose judgment of the orthodoxy of Galileo's Dialogue had been requested earlier by the Holy Office and was then incorporated into the proceedings of the trial. At the time, Inchofer's judgment against Galileo's book was both detailed and harsh. That judgment formed the basis for Inchofer's subsequent Tractatus, the first English translation of which is included in this volume. Inchofer's text provides a new and fascinating way of looking at the defense of the guilty verdict. Blackwell's analysis of this material greatly enriches our knowledge of Galileo and his trial. Both legal and theological behind-the-scenes aspects of Galileo's trial are discussed. Because of a weak legal case, a plea bargain was arranged, extrajudicially, then sabotaged in the Holy Office before the final decision of the case. Through his close scrutiny of the specifics of the trial, Blackwell renders a picture that is more complex, and ominous, than the usual portrayal of the trial.

English summary: Martin Otto has written the first scholarly biography of Erwin Jacobi. Jacobi, who was educated in ecclesiastical law, was not only one of the founders of modern labor law, he was also a respected teacher of constitutional law in the Weimar period and, together with Carl Schmitt, participated in the dispute on methodology. In 1933 he was dismissed by the National Socialists and in 1946 he returned to the University of Leipzig, with which he remained associated for the rest of his life. The author looks into Jacob's private and public life and also investigates the network of the most significant political scandal in which Jacobi was involved (Prussia versus Reich, 1932). He also describes the struggle for the autonomy of the university and of jurisprudence in the early GDR. German description: Martin Otto legt mit seinem Buch die erste wissenschaftliche Biographie des Arbeits-, Staats- und Kirchenrechtlers Erwin Jacobi vor. Jacobi gehorte zu den Pionieren der Arbeitsrechtswissenschaft in der Weimarer Republik. Als Staatsrechtler war er gemeinsam mit Carl Schmitt als grosszugiger Interpret der Diktaturkompetenz des Reichsprasidenten bekannt geworden (Schmitt-Jacobische Formel). Entsprechend vertrat er 1932 gemeinsam mit Carl Schmitt die Regierung von Papen vor dem Staatsgerichtshof fur das Deutsche Reich im sogenannten Preussenschlagverfahren. Auf Jacobis Veroffentlichungen der Weimarer Zeit gehen der bis heute gebrauchliche arbeitsrechtliche Betriebsbegriff und der Terminus Verfassungsdurchbrechung zuruck. 1933 aus rassischen Grunden von der Universitat Leipzig entfernt, gehorte er nach 1945 zu den ersten Professoren der neubegrundeten Juristenfakultat. In der DDR als fortschrittlicher Burgerlicher geduldet, versuchte er nach Moglichkeit, die wissenschaftliche Autonomie der Universitat zu wahren, durchschaute aber immer mehr die Widerspruchlichkeiten der DDR-Wissenschaftspolitik. Aufgrund seiner Prominenz besass er eine gewisse Autonomie, die es ihm erlaubte, auch unbequeme Dinge (Wahlrecht und Situation der Kirchen im Ostblock) anzusprechen, auch Westkontakte und - reisen waren ihm moglich. Die Bespitzelung durch die Staatssicherheit und ein teilweises Verbot von Schriften verhinderte dies nicht. Das Buch verbindet die Geschichte des offentlichen Rechts in Deutschland im 20. Jahrhundert mit der Wissenschaftsgeschichte der DDR.

Original and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution.

Looking at the knowledge-power relations in the post-genomic era and addressing the pressing issues of genetic privacy and discrimination in the context of neoliberal governance, this book demonstrates and explains the mechanisms of mutual production between biotechnology and cultural, political, economic and legal frameworks.

In the fist part Antoinette Rouvroy explores the social, political and economic conditions and consequences of this new 'perceptual regime'. In the second she pursues her analysis through a consideration of the impact of 'geneticisation' on political support of the welfare state and on the operation of private health and life insurances. Genetics and neoliberalism, she argues, are complicit in fostering the belief that social and economic patterns have a fixed nature beyond the reach of democratic deliberation, whilst the characteristics of individuals are unusually plastic, and within the scope of individual choice and responsibility.

This book will be of interest to all to all students of law, sociology and politics.

John Phillip Reid is widely known for his groundbreaking work in American legal history. A Law of Blood, first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Indeed, Gordon Morris Bakken writes in the foreword to this edition that Reid's original study "shaped scholarship and inquiry for decades." Forging the research methods that fellow historians would soon adopt, Reid carefully examines the organization and rules of Cherokee clans and towns. Investigating the role of women in Cherokee society, for example, he found that married Cherokee women had more legal authority than their counterparts in Anglo-American society. In particular, Reid explores the Cherokees' revolutionary attitudes toward government and the unique relationship between the members of the tribe and their law. Before the first European contact, the Cherokee Nation had already developed a functioning government, and by the early nineteenth century, the first Cherokee constitution had been enacted.