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Books > Law > Jurisprudence & general issues > Legal history
The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice. The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics. The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence. Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts. The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
Formally, Kansas still operates under a constitution dating from
1959. However, its present day basic law differs importantly from
the original text. In The Kansas State Constitution, Francis H.
Heller offers an unprecedented explanation of Kansas's experience
with "incremental revision."
The Arkansas State Constitution provides an outstanding historical
account of Arkansas's five different constitutions, conventions,
and amendments. Kay C. Goss presents the official text with an
accompanying article-by-article commentary, providing readers with
important information about the origins of each constitutional
provision and amendment, as well as ways in which they are
interpreted. The Arkansas State Constitution is an essential
reference guide for readers who seek a rich account of Arkansas's
constitutional evolution. Previously published by Greenwood, this
title has been brought back in to circulation by Oxford University
Press with new verve. Re-printed with standardization of content
organization in order to facilitate research across the series,
this title, as with all titles in the series, is set to join the
dynamic revision cycle of The Oxford Commentaries onthe State
Constitutions of the United States.
In The Idaho State Constitution, Donald W. Crowley and Florence A.
Heffron provide a history of Idaho's constitution and a concise
article-by-article analysis of the entire text. The authors recount
the development of the constitution over the last century and
explain how it has been shaped by concerns of powerful economic,
social, and political forces. Since its drafting in 1889, the 109
amendments have democratized the political systems and given people
the right to participate more actively in the state's governance.
The Idaho State Constitution reflects the renewed interest in state
constitutions as a means of guiding important policy concerns and
provides an essential reference guide for readers who seek a rich
account of Idaho's constitutional evolution. Previously published
by Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Montana's state constitution was created during the early 1970s.
Progressive, innovative and pragmatic, it combines a strong concern
for individual rights, personal liberty, and individual dignity
while seeking to keep government open and responsive to the will of
the people of Montana. It also stresses rights to a clean and
healthful environment.
The essays contained in the present volume represent Bentham's attempt to influence the direction of political and constitutional change taking place in Spain and Portugal in the early 1820s. At the same time as commenting on Spanish and Portuguese questions, Bentham outlined important aspects of his own legal and constitutional theories, defended measures of democratic reform, and offered a vigorous defence of free speech and communication. The volume complements Colonies, Commerce, and Constitutional Law, in which Bentham commented on the disastrous effects on Spain of her attempts to retain her overseas possessions.
The North Dakota State Constitution provides one of the most
comprehensive studies of the North Dakota Constitution and the
legal decisions which have helped to create and shape it.
In The Ohio State Constitution, Steven Steinglass and Gino
Scarselli provide a comprehensive and accessible resource on the
history of constitutional development and law in Ohio. This
essential volume begins with an introductory essay outlining the
history of the Ohio State Constitution and includes a detailed
section-by-section commentary, providing insight and analysis on
the case law, politics and cultural changes that have shaped Ohio's
governing document. A complete list of all proposed amendments to
the Constitution from 1851 to the present and relevant cases are
included in easy-to-reference tables along with a bibliographical
essay that aids further research. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
Of the Limits of the Penal Branch of Jurisprudence, written in 1780-2, is the continuation of An Introduction to the Principles of Morals and Legislation, and thus part of the introduction to the projected penal code on which Bentham worked in the late 1770s and early 1780s. The work emerged from Bentham's attempt to distinguish between civil and penal law, which led him into an exposition of the nature and scope of an individual law and an analysis of such key legal terms as power, duty, right, property, contract, and conveyance. Bentham addresses the relationship between different 'aspects' of the legislator's will, such as command, prohibition, and permission, and in so doing develops a 'logic of the will' which anticipates modern deontic logic. He explains that the disposition of the people to obey constitutes the basis of political and legal power, and distinguishes between law addressed to the sovereign and law addressed to the people. Dealing with some of the most fundamental problems in jurisprudence and the theory of human action, Of the Limits of the Penal Branch of Jurisprudence is a work of outstanding originality and seminal importance in the field of legal philosophy. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The text is fully annotated with textual and historical notes, and the volume is completed with detailed subject and name indices. This edition of Of the Limits of the Penal Branch of Jurisprudence supersedes Of Laws in General, edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham.
In The Massachusetts State Constitution, Lawrence Friedman and
Lynnea Thody present a comprehensive and accessible survey of
Massachusetts constitutional history and constitutional law. The
Massachusetts Constitution is the oldest state constitution and has
remained essentially unchanged since it was drafted in 1780. It
served as a model for the United States Constitution and many of
the state constitutions that followed.
The Texas State Constitution provides an outstanding constitutional
and historical account of the state's governing charter. In
addition to an overview of Texas' constitutional history, this
volume provides an in-depth, section-by-section analysis of the
entire constitution, detailing the many significant changes that
have been made since its initial drafting. This treatment, along
with a table of cases, index, and bibliography provides an
unsurpassed reference guide for students, scholars, and
practitioners of Texas' constitution. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentarieson the State Constitutions of the United States.
The Nebraska Constitution is one of the oldest state constitutions
in America. Much of the original document has remained the same
since it was first drafted in 1875, yet there have been many
innovative developments to the constitution throughout its history.
The Nebraska State Constitution is the first modern comprehensive
reference to the state's constitution. In it, authors Robert D.
Miewald and Peter J. Longo provide a detailed account of Nebraska's
political history, and describe in detail debates over major
political issues. Previously published by Greenwood, this title has
been brought back in to circulation by Oxford University Press with
new verve. Re-printed with standardization of content organization
in order to facilitate research across the series, this title, as
with all titles in the series, is set to join the dynamic revision
cycle of The Oxford Commentaries onthe State Constitutions of the
United States.
South Carolina's current constitution is a unique reflection of
America's cultural and political history. It has roots dating back
to the state's original colonial charter, comprising an uneasy
alliance of post-Civil War history, late 19th century return to
segregation, and post-1960s liberalizing reforms. In The South
Carolina State Constitution, Cole Blease Graham illustrates the
success of positive political forces pitted against the social
norms of a Deep South state. His informed analysis challenges
advocates of constitutional reform to continue revision efforts,
making this volume an important contribution to the study of state
politics and the principles of democratic government.
With only 54 years of existence, the Constitution of the State of
Alaska is in its developmental infancy compared to the
constitutional history of the rest of the United States. However,
having had the benefit of over 300 years, the Alaskan Constitution
is a pioneer and model in--among other things--simplicity,
coherence, vision and accessibility.
In The Utah State Constitution, Jean Bickmore White offers a
comprehensive review of the unique historical background and the
100-year development of the Utah State Constitution. First drafted
in 1896, at the beginning of Utah's statehood, the original
constitution survived until the early 1970s with little change.
Since that time there has been a wave of constitutional reform that
has produced change in virtually every article. This reference
guide shows these changes section-by-section and explores their
purpose and meaning. This book will be of interest to readers
seeking information about the law, politics, and history of Utah.
The Oxford Commentaries on the State Constitutions of the United
States is an important series that reflects a renewed international
interest in constitutional history and provides expert insight into
each of the 50 state constitutions. Each volume in this innovative
series contains a historical overview of the state's constitutional
development, a section-by-section analysis of its current
constitution, and a comprehensive guide to further research.
The New Jersey State Constitution is a completely revised new
edition that provide an outstanding constitutional and historical
account of the state's governing charter. In addition to an
overview of New Jersey's constitutional history, it provides an
in-depth, section-by-section analysis of the entire constitution,
detailing the many significant changes that have been made since
its initial drafting. This treatment, along with a table of cases,
index, and bibliography provides an unsurpassed reference guide for
students, scholars, and practitioners of New Jersey's constitution.
Church-of-Englandism and its Catechism Examined, printed in 1817 and published in 1818, was part of Bentham's sustained attack on English political, legal, and ecclesiastical establishments. Bentham argues that the purpose of the Church's system of education, in particular the schools sponsored by the Church-dominated National Society for the Education of the Poor, was to instil habits of insincerity into the population at large, and thereby protect the abuses which were profitable both to the clergy and the ruling classes in general. Bentham recommends the 'euthanasia' of the Church, and argues that government sponsored proposals were in fact intended to propagate the system of abuse rather than reform it. An appendix based on original manuscripts, which deals with the relationship between Church and state, is published here for the first time. This authoritative version of the text is accompanied by an editorial introduction, comprehensive annotation, collations of several extracts published during Bentham's lifetime, and subject and name indexes.
This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.
The present volume contains three essays, 'Of Sexual Irregularities', 'Sextus', and 'General Idea of Not Paul, but Jesus', written in the mid-1810s but never before been published in authoritative form. Bentham presents the utilitarian case for sexual liberty on the grounds that the gratification of the sexual appetite constituted the purest form of pleasure, in opposition to the traditional Christian view that the only morally acceptable form of sexual activity was between one man and one woman, within the confines of marriage, for the purpose of procreation. Bentham offers classical Greece and Rome, where certain male same-sex relationships were regarded as normal, as alternative models of sexual morality, condemns the hostile portrayal of homosexuals in eighteenth-century literature, and calls for the removal of sanctions, whether imposed by religion, law, or public opinion, from all forms of consensual sexual activity, at least in so far as practised in private. Bentham was, moreover, persuaded by Malthus's argument that population growth tended to outstrip food supply. In these circumstances, non-procreative sexual activity had the additional benefit of not contributing to an increase in the size of the population. In the course of his discussion, Bentham expresses forthright views on various aspects of sexuality.
North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
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