|
Books > Law > Jurisprudence & general issues > Legal history
This work reviews the progress of children's rights 25 years since
the adoption of the UN Convention on the Rights of the Child. It
studies the progress of that human rights instrument as part of an
ongoing process. It examines how recent past, present and future
generations will benefit or suffer as part of the process in which
outcomes cannot be predicted. It does not project into the future.
Its emphasis is on a review of the period after 1989 and it
comments on what has happened and offering guidance on how
children's rights might progress. The book presents a realistic but
not always critical review of two and a half decades of intensive
activity in the field of children's rights worldwide. It includes
both failures and examples of good practice and positive
experiences. It offers a review of progress and lack of progress in
child rights and welfare in the twelve countries used as case
studies in its predecessor, The Next Generation. Finally, the
volume considers the impact of current geopolitical and economic
realities on children's rights in the early years of the
twenty-first century. The book is a tribute to Judith Ennew and
pays homage to all of the people who have contributed so much to
children's rights over the years and wishes to encourage others to
take up the cause.
An accounting of the celebrated, historically significant and
precedent-setting class action suit, Robert Simpson Ricci et. al.,
plaintiffs v. Milton Greenblatt, M.D. et. al., defendants was
authored by Benjamin Ricci, retired professor emeritus, University
of Massachusetts at Amherst, father and next friend of Robert
Simpson Ricci principal plaintiff.
Drawing together leading legal historians from a range of
jurisdictions and cultures, this collection of essays addresses the
fundamental methodological underpinning of legal history research.
Via a broad chronological span and a wide range of topics, the
contributors explore the approaches, methods and sources that
together form the basis of their research and shed light on the
complexities of researching into the history of the law. By
exploring the challenges posed by visual, unwritten and quasi-legal
sources, the difficulties posed by traditional archival material
and the novelty of exploring the development of legal culture and
comparative perspectives, the book reveals the richness and
dynamism of legal history research.
In late medieval Marseille, large segments of society showed up in
court - fishmongers, sailors, widows, maids, petty lenders, Jews,
and Christians - where they argued, cursed, charged, and
counter-charged. In the process, they pushed aside Roman and
municipal laws to construct their own vernacular code of morality.
Witnesses, Neighbors, and Community in Late Medieval Marseille asks
how, in a time of crisis, medieval citizens developed an
independent sense of ethics based on the needs of their families,
neighbors, and clients. Witness testimony from Marseille's court
records forms the documentary heart of this book, offering a window
onto the dynamics of the city's neighborhoods. Using the role of
witness, humble people, often women, became the arbiters of their
communities.
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well
known in Russia principally as a historian and abroad as a legal
historian and comparative lawyer. Few in either Russia or abroad
are aware that Vinogradoff also wrote on public international law.
This volume collects four of his most important contributions to
this field: The Legal and Political Aspects of the League of
Nations (1918), The Reality of the League of Nations (c. 1919), The
Covenant of the League: Great and Small Powers (1919) and History
of the Law of Nations, a series of six lectures delivered at the
University of Leiden in 1921.
Just as the polls opened on November 5, 1872, Susan B. Anthony
arrived and filled out her "ticket" for the various candidates. But
before it could be placed in the ballot box, a poll watcher
objected, claiming her action violated the laws of New York and the
state constitution. Anthony vehemently protested that as a citizen
of the United States and the state of New York she was entitled to
vote under the Fourteenth Amendment. The poll watchers gave in and
allowed Anthony to deposit her ballots. Anthony was arrested,
charged with a federal crime, and tried in court. Primarily
represented within document collections and broader accounts of the
fight for woman suffrage, Anthony's controversial trial-as a
landmark narrative in the annals of American law-remains a
relatively neglected subject. N. E. H. Hull provides the first
book-length engagement with the legal dimensions of that narrative
and in the process illuminates the laws, politics, and
personalities at the heart of the trial and its outcome. Hull
summarises the woman suffrage movement in the post-Civil War era,
reveals its betrayal by former allies in the abolitionist movement,
and describes its fall into disarray. She then chronicles Anthony's
vote, arrest, and preliminary hearings, as well as the legal and
public relations manoeuvring in the run-up to the trial. She
captures the drama created by Anthony, her attorneys, the
politically ambitious prosecutor, and presiding judge-and Supreme
Court justice-Ward Hunt, who argued emphatically against Anthony's
interpretation of the Reconstruction Amendments as the source of
her voting rights. She then tracks further relevant developments in
the trial's aftermath-including Minor v. Happersett, another key
case for the voting rights of women-and follows the major players
through the eventual passage of the Nineteenth (or "Susan B.
Anthony") Amendment. Hull's concise and readable guide reveals a
story of courage and despair, of sisterhood and rivalry, of high
purpose and low politics. It also underscores for all of us how
Anthony's act of civil disobedience remains essential to our
understanding of both constitutional and women's history-and why it
all matters. This book is part of the Landmark Law Cases and
American Society series.
This book presents an analysis of global legal history in Modern
times, questioning the effect of political revolutions since the
17th century on the legal field. Readers will discover a non-linear
approach to legal history as this work investigates the ways in
which law is created. These chapters look at factors in legal
revolution such as the role of agents, the policy of applying and
publicising legal norms, codification and the orientations of legal
writing, and there is a focus on the publicization of law.
The author uses Herbert Hart s schemes to conceive law as a
human artefact or convention, being the union between primary rules
of obligations and secondary rules conferring powers. Here we learn
about those secondary rules and the legal construction of the
Modern state and we question the extent to which codification and
law reporting were likely to revolutionize the legal field.
These chapters examine the hypothesis of a legal revolution that
could have concerned many countries in modern times. To begin with,
the book considers the legal aspect of the construction of Modern
States in the 17th and 18th centuries. It goes on to examine the
consequences of the codification movement as a legal revolution
before looking at the so-called constitutional revolution, linked
with the extension of judicial review in many countries after World
War II. Finally, the book enquires into the construction of an EU
legal order and international law.
In each of these chapters, the author measures the scope of the
change, how the secondary rules are concerned, the role of the
professional lawyers and what are the characters of the new
configuration of the legal field. This book provokes new debates in
legal philosophy about the rule of change and will be of particular
interest to researchers in the fields of law, theories of law,
legal history, philosophy of law and historians more broadly."
"Slavery is the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are
exercised." So reads the legal definition of slavery agreed by the
League of Nations in 1926. Further enshrined in law during
international negotiations in 1956 and 1998, this definition has
been interpreted in different ways by the international courts in
the intervening years. What can be considered slavery? Should
forced labour be considered slavery? Debt-bondage? Child
soldiering? Or forced marriage? This book explores the limits of
how slavery is understood in law. It shows how the definition of
slavery in law and the contemporary understanding of slavery has
continually evolved and continues to be contentious. It traces the
evolution of concepts of slavery, from Roman law through the Middle
Ages, the 18th and 19th centuries, up to the modern day
manifestations, including manifestations of forced labour and
trafficking in persons, and considers how the 1926 definition can
distinguish slavery from lesser servitudes. Together the
contributors have put together a set of guidelines intended to
clarify the law where slavery is concerned. The Bellagio-Harvard
Guidelines on the Legal Parameters of Slavery, reproduced here for
the first time, takes their shared understanding of both the past
and present to project a consistent interpretation of the legal
definition of slavery for the future.
|
You may like...
The Seagull
Michael Frayn
Hardcover
R1,335
Discovery Miles 13 350
209
Mara Torres Gonzalez
Hardcover
R1,911
Discovery Miles 19 110
RLE: Iran
Various
Hardcover
R88,925
Discovery Miles 889 250
|