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Books > Law > Jurisprudence & general issues > Legal history
Atrocity. Genocide. War crime. Crime Against Humanity. Such
atrocity labels have been popularized among international lawmakers
but with little insight offered into how and when these terms are
applied and to what effect. What constitutes an event to be termed
a genocide or war crime and what role does this play in the
application of legal proceedings? Markus P. Beham, through an
interdisciplinary and comparative approach, unpicks these terms to
uncover their historical genesis and their implications for
international criminal law initiatives concerned with atrocity. The
book uniquely compares four specific case studies: Belgian colonial
exploitation of the Congo, atrocities committed against the Herero
and Nama in German South-West Africa, the Armenian genocide and the
man-made Ukrainian famine of the 1930s. Encompassing international
law, legal history, and discourse analysis, the concept of
'atrocity labelling' is used to capture the meaning underlying the
work of international lawyers and prosecutors, historians and
sociologists, agenda setters and policy makers.
Network and Connections in Legal History examines networks of
lawyers, legislators and litigators, and how they shaped legal
development in Britain and the world. It explores how particular
networks of lawyers - from Scotland to East Florida and India -
shaped the culture of the forums in which they operated, and how
personal connections could be crucial in pressuring the legislature
to institute reform - as with twentieth century feminist campaigns.
It explores the transmission of legal ideas; what happened to those
ideas was not predetermined, but when new connections were made,
they could assume a new life. In some cases, new thinkers made
intellectual connections not previously conceived, in others it was
the new purposes to which ideas and practices were applied which
made them adapt. This book shows how networks and connections
between people and places have shaped the way that legal ideas and
practices are transmitted across time and space.
These are the papers from the ninth Cambridge Tax Law History
Conference, held in July 2018. In the usual manner, these papers
have been selected from an oversupply of proposals for their
interest and relevance, and scrutinised and edited to the highest
standard for inclusion in this prestigious series. The papers fall
within five basic themes. Four papers focus on tax theory: Bentham;
social contract and tax governance; Schumpeter's 'thunder of
history'; and the resurgence of the benefits theory. Three involve
the history of UK specific interpretational issues: management
expenses; anti-avoidance jurisprudence; and identification of
professionals. A further three concern specific forms of UK tax on
road travel, land and capital gains. One paper considers the
formation of HMRC and another explains aspects of
nineteenth-century taxation by reference to Jane Austen characters.
Four consider aspects of international taxation: development of EU
corporate tax policy; history of Dutch tax planning; the important
1942 Canada-US tax treaty; and the 1928 UN model tax treaties on
tax evasion. Also included are papers on the effects of WWI on New
Zealand income tax and development of anti-tax avoidance rules in
China.
"How civil liberties triumphed over national insecurity"
Between the two major red scares of the twentieth century, a
police raid on a Communist Party bookstore in Oklahoma City marked
an important lesson in the history of American freedom.
In a raid on the Progressive Bookstore in 1940, local officials
seized thousands of books and pamphlets and arrested twenty
customers and proprietors. All were detained incommunicado and many
were held for months on unreasonably high bail. Four were tried for
violating Oklahoma's "criminal syndicalism" law, and their
convictions and ten-year sentences caused a nationwide furor. After
protests from labor unions, churches, publishers, academics,
librarians, the American Civil Liberties Union, members of the
literary world, and prominent individuals ranging from Woody
Guthrie to Eleanor Roosevelt, the convictions were overturned on
appeal.
Shirley A. Wiegand and Wayne A. Wiegand share the compelling
story of this important case for the first time. They reveal how
state power--with support from local media and businesses--was used
to trample individuals' civil rights during an era in which
citizens were gripped by fear of foreign subversion.
Richly detailed and colorfully told, "Books on Trial "is a
sobering story of innocent people swept up in the hysteria of their
times. It marks a fascinating and unnerving chapter in the history
of Oklahoma and of the First Amendment. In today's climate of
shadowy foreign threats--also full of unease about the way
government curtails freedom in the name of protecting its
citizens--the past speaks to the present.
'The global financial crisis of 2007-2008 was a wake-up call to all
who study and practice in the field of law and economics:
traditional approaches are simply inadequate for understanding the
co-evolution of the economic and legal systems, and that inadequacy
can result in missed opportunities to warn of impending social
harm. Atkinson and Paschall demonstrate the value of an alternative
approach - law and economics from an evolutionary perspective -
that builds on the work of John R. Commons, a leading figure in the
field nearly a century ago. In the process, they offer an
eye-opening historical account of the role of the state in the
economy and provide a vital starting point for future policy
discussions.' - Charles J. Whalen, author of Financial Instability
and Economic Security after the Great Recession'An indispensable
history of business law and regulation, alongside a powerful theory
of law and the courts. Glen Atkinson and Stephen P. Paschall give
us an evolutionary casebook for the twenty-first century, deeply
rooted in the ideas of Veblen, Commons, and other masters of the
tradition.' - James K. Galbraith, The University of Texas at Austin
'The language of court documents is notably difficult to understand
for people with no legal training. The present volume, a product of
fruitful collaboration between a university professor and a lawyer,
offers valuable assistance in translating US Supreme Court
decisions made in the span of the nineteenth and twentieth
centuries with respect to economic disputes into the language
spoken by evolutionary and institutional economists. As the authors
persuasively show, law and economics co-evolve. A much-needed
follow-up to and development of John Commons's Legal Foundations of
Capitalism! - Anton Oleinik, Memorial University of Newfoundland
and Labrador, Canada and the Central Economics and Mathematics
Institute, Russia Law and economics are interdependent. Using a
historical case analysis approach, this book demonstrates how the
legal process relates to and is affected by economic circumstances.
Glen Atkinson and Stephen P. Paschall examine this co-evolution in
the context of the economic development that occurred in the
nineteenth and early twentieth centuries as well as the impact of
the law on that development. Specifically, the authors explore the
development of a national market, the transformation of the
corporation, and the conflict between state and federal control
over businesses. Their focus on dynamic, integrated systems
presents an alternative to mainstream law and economics. The
authors apply John R. Commons's approach to three main law and
economics issues: the changing relationship between corporations
and the State, the application of the Commerce Clause and the
Fourteenth Amendment of the U.S. Constitution to state and federal
regulation of business, and the relationship of antitrust law to
industrialization. They provide a valuable linking of law with
changing economic circumstances, such as antitrust policy changes
and the development of the corporate form. This analytical approach
to the practice of law and economics will be of interest to
researchers, students, and faculty in law and economics, economic
history, constitutional law, economic regulation, public policy,
and the sociology of law. Business students and researchers will
also find value in this book's presentation of court decisions and
exploration of economic development.
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