In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft.

In this book, Andrew Riggsby offers a survey of the main areas of Roman law, both substantive and procedural, and how the legal world interacted with the rest of Roman life. Emphasizing basic concepts, he recounts its historical development and focuses in particular on the later Republic and early centuries of the Roman Empire. The volume is designed as an introductory work, with brief chapters that will be accessible to college students with little knowledge of legal matters or Roman antiquity. The text is also free of technical language and Latin terminology. It can be used in courses on Roman law, Roman history, or comparative law, but it will also serve as a useful reference for more advanced students and scholars.

Originally published in German in 1936, "The Natural Law" is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation.Heinrich Rommen (1897-1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University.Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft.

On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

Comparing two consequential movements that shed light on the nature of revolution>Revolutions in Cuba and Venezuela compares the sociopolitical processes behind two major revolutions—Cuba in 1959, when Fidel Castro came to power, and Venezuela in 1999, when Hugo Chávez won the presidential election. With special attention to the Cuba-Venezuela alliance, particularly in regards to foreign policy and the trade of doctors for oil, Silvia Pedraza and Carlos Romero show that the geopolitical theater where these events played out determined the dynamics and reach of the revolutions. Updating and enriching the current understanding of the Cuban and Venezuelan revolutions, this study is unique in its focus on the massive exodus they generated. Pedraza and Romero argue that this factor is crucial for comprehending a revolution’s capacity to succeed or fail. By externalizing dissent, refugees helped to consolidate the revolutions, but as the diasporas became significant political actors and the lifelines of each economy, they eventually served to undermine the social movements. Using comparative historical analysis and data collected through fieldwork in Cuba and Venezuela as well as from immigrant communities in the U.S., Pedraza and Romero discuss issues of politics, economics, migrations, authoritarianism, human rights, and democracy in two nations that hoped to make a better world through their revolutionary journeys. Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.

Exploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series. The close links between the Scots and English law in the Middle Ages have long been recognised. This text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.

Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about people that law should protect in a computational world.

The specter of the sacred always haunts the law, even in the most resolute of contemporary secular democracies. Indeed, the more one considers the question of the relation between law and the sacred, the more it appears that endless debate over the proper relationship of government to religion is only the most quotidian example of a problematic that lies at the heart of law itself. And currently, as some in the United States grapple with the seeming fragility of secular democracy in the face of threatening religious fundamentalisms, the question has gained a particular urgency. This book explores questions about the fundamental role of the sacred in the constitution of law, historically and theoretically. It examines contemporary efforts to separate law from the sacred and asks: How did the division of law and sacred come to be, in what ways, and with what effects? In doing so, it highlights the ambivalent place of the sacred in the self-image of modern states and jurisprudence. For if it is the case that, particularly in the developed West, contemporary law posits a fundamental conceptual divide between sacred and secular, it nevertheless remains true that the assertion of that divide has its own history, one that defines Western modernity itself.

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.

The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.

`However one defines Man, the same definition applies to us all. This is sufficient proof that there is no essential difference within mankind.' (Laws l.29-30) Cicero's The Republic is an impassioned plea for responsible governement written just before the civil war that ended the Roman Republic in a dialogue following Plato. Drawing on Greek political theory, the work embodies the mature reflections of a Roman ex-consul on the nature of political organization, on justice in society, and on the qualities needed in a statesman. Its sequel, The Laws, expounds the influential doctrine of Natural Law, which applies to all mankind, and sets out an ideal code for a reformed Roman Republic, already half in the realm of utopia. This is the first complete English translation of both works for over sixty years and features a lucid Introduction, a Table of Dates, notes on the Roman constitution, and an Index of Names. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.

Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-a-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.

Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.Arthur Reed Hogue (1906-1986) was Professor of History at Indiana University.

Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Entitled Of Private Wrongs, Book III can be divided into three principal parts. The first describes the multiple courts in England and their jurisdictions, including the wrongs cognizable in each of them. The second describes some aspects of the substantive common law: wrongs to persons and to personal and real property. The third describes the processes of litigation in the courts of common law and equity.

The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released-and consistently entertaining-recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles-between the executive, legislative, and judicial branches-that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.