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Books > Law > Jurisprudence & general issues > Legal history
The first full-scale historical account of the rise and growth of
the jury system in England. The American edition adds a number of
notes, as well as making several corrections to American
references.
Facsimile edition. Volume II.
WITH one important exception the three volumes here published
practically represent the whole mass of Maitland's scattered
writing. A few very short notices have been omitted, but wherever
an article, however brief, contains a new grain of historical
knowledge or reveals Maitland's original thought upon some problem
of law or history, it has been included in this collection.
We begin with a philosophical dissertation submitted by a young
Cambridge graduate to the examiners for a Trinity Fellowship and
end with the tribute to the memory of a pupil composed only a few
days before his last illness by a great master of history, by one
of the greatest scholars in the annals of English scholarship.
These papers cover a wide surface. Some are philosophical,
others biographical, but for the most part they belong to
Maitland's special sphere of legal and social history. Some pieces
are confessedly popular, such as the brilliant outline of English
legal history which concludes the second volume; others, and of
such is the bulk of the collection, are concerned with problems the
simplest terms of which are not apprehended without special
study.
The last two decades changed the post-Soviet legal orders both
quantitatively and qualitatively in such a manner, which can rarely
be experienced in history. Though some of its aspects have already
been analyzed, a comprehensive study of one of these legal orders
in English is still missing. This volume attempts to fill this gap
by analyzing the transformation of the Hungarian legal order
between 1985 and 2005. It attempts to present the transformation of
the Hungarian legal order from three different aspects. Firstly, it
analyzes concrete legal questions, like the constitutional problems
of accession to the European Union, dealing with the past, the
status law, the development of minority protection, and the
relationship between international and municipal law. Secondly, it
tries to give a general theoretical overview on the last 20 years
-- in the issues of law and politics, law and economy, legitimacy
of the Constitution, law importation, culture and European
integration, changes in legal thinking, and sociological and
criminological characteristics of the transitions. Thirdly, it
takes account of changes in the established areas of Hungarian
legal science -- like constitutional law, agricultural law,
criminal law, criminal procedure, consumer protection,
environmental law, administrative law, financial law, civil law,
civil procedure and social law.
Facsimile edition.
WITH one important exception the three volumes here published
practically represent the whole mass of Maitland's scattered
writing. A few very short notices have been omitted, but wherever
an article, however brief, contains a new grain of historical
knowledge or reveals Maitland's original thought upon some problem
of law or history, it has been included in this collection.
We begin with a philosophical dissertation submitted by a young
Cambridge graduate to the examiners for a Trinity Fellowship and
end with the tribute to the memory of a pupil composed only a few
days before his last illness by a great master of history, by one
of the greatest scholars in the annals of English scholarship.
These papers cover a wide surface. Some are philosophical,
others biographical, but for the most part they belong to
Maitland's special sphere of legal and social history. Some pieces
are confessedly popular, such as the brilliant outline of English
legal history which concludes the second volume; others, and of
such is the bulk of the collection, are concerned with problems the
simplest terms of which are not apprehended without special
study.
Abortion is the most divisive issue in America's culture wars,
seemingly creating a clear division between conservative members of
the Religious Right and people who align themselves with socially
and politically liberal causes. In Defenders of the Unborn,
historian Daniel K. Williams complicates this perspective by
offering a detailed, engagingly written narrative of the pro-life
movement's mid-twentieth-century origins. He explains that the
movement began long before Roe v. Wade, and traces its fifty-year
history to explain how and why abortion politics have continued to
polarize the nation up to the present day. As this book shows, the
pro-life movement developed not because of a backlash against
women's rights, the sexual revolution, or the power of the Supreme
Court, but because of an anxiety that devout Catholics-as well as
Orthodox Jews, liberal Protestants, and others not commonly
associated with the movement-had about living in a society in which
the "inalienable" right to life was no longer protected in public
law. As members of a movement grounded in the liberal human rights
tradition of the 1960s, pro-lifers were winning the political
debate on abortion policy up until the decision in Roe v.Wade
deprived them of victory and forced them to ally with political
conservatives, a move that eventually required a compromise of some
of their core values. Defenders of the Unborn draws from a wide
range of previously unexamined archival sources to offer a new
portrayal of the pro-life movement that will surprise people on
both sides of the abortion debate.
This is a useful introduction to Roman law with a level of detail
that falls midway between an outline and a textbook. Carefully
organized, it is also an excellent reference guide, and includes
marriage and family law, slavery, adoption, successions, ownership.
"To begin with, it is quite comprehensive, for there is not a
single principle of Roman law, sufficiently important to be
included in first-year study, which the author has omitted....
L]egal principles and definitions are very concisely stated, and a
lecturer on the subject will be glad to find an important rule
given in such brief, almost epigrammatic form, that it can be
readily committed to memory. (...) Another good feature is the
practice of frequently citing the original Latin phrases and
sentences.... Lastly, the translator has provided a good index,
which is a valuable addition to the original work. We are sure that
many teachers of Roman law will welcome this book as a manual to be
placed in the hands of their students." Columbia Law Review 7
(1907) 377-378. ABRIDGED CONTENTS BOOK I. History of the Roman Law
Division Title I. First Period - Legendary Period Title II. Second
Period - Historic Republican Period Title III. Third Period - The
Imperial Duarchy Title IV. Fourth Period - The True Monarchy Title
V. Fifth Period - The Later Empire - Justinian BOOK II. Persons
Title I. Preliminary Conceptions Title II. Status Libertatis Title
III. Status Civitatis Title IV. Status Familiae V. Incapacities of
Fact BOOK III. Things Title I. Division of Things Title II. Summary
Notions as to Obligations BOOK IV. Actions Title I. General and
Historical Notions - The Courts Title II. Systems of Procedure BOOK
V. Ownership Title I. Attributes and Evolution of Ownership Title
II. Possession Title III. Different Kinds of Ownership Title IV.
Sanction for the Right of Ownership Title V. Modes of Acquiring
Ownership Title VI. Extinction of the Right of Ownership Title VII.
Civil and Praetorian Dismemberments of the Right of Ownership BOOK
VI. Successions Title I. Succession in General - Instruction of the
Heir Title II. Conditions for the Validity of Wills Title III.
Intestate Succession Title IV. Acceptance and Disclaimer of the
Inheritance Title V. Fideicommissa Hereditatis Title VI. Actions
Concerning the Hereditas BOOK VII. Donationes Inter Vivos and
Mortis Causa Division
This book takes a closer look at colonial despotism in early
nineteenth-century India and argues that it resulted from Indians'
forum shopping, the legal practice which resulted in jurisdictional
jockeying between an executive, the East India Company, and a
judiciary, the King's Court. Focusing on the collisions that took
place in Bombay during the 1820s, the book analyses how Indians of
various descriptions-peasants, revenue defaulters, government
employees, merchants, chiefs, and princes-used the court to
challenge the government (and vice versa) and demonstrates the
mechanism through which the lawcourt hindered the government's
indirect rule, which relied on local Indian rulers in newly
conquered territories. The author concludes that existing political
anxiety justified the East India Company's attempt to curtail the
power of the court and strengthen their own power to intervene in
emergencies through the renewal of the company's charter in 1834.
An insightful read for those researching Indian history and
judicial politics, this book engages with an understudied period of
British rule in India, where the royal courts emerged as sites of
conflict between the East India Company and a variety of Indian
powers.
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