The thought and work of the Jesuit Francisco Suarez (1548-1617) is widely acknowledged as the culmination point of the contribution of the theologians and jurists of the so-called School of Salamanca to the development of modern Western law. This collection of studies on the legal work of Suarez explores some of his major forays into the law. Both his theoretical system-building as well as his interventions in practical questions are covered. Next to discussions on the nature of law and its different categorisations, they extend to various subbranches of the law including family law, property law, the law of obligations, criminal law and international law. Contributors are: Dominique Bauer, Daniel Schwartz, Joao Manuel Azevedo Alexandrino Fernandes, Lisa Brunori, Wim Decock, Bart Wauters, Gaelle Demelemestre, Jean-Paul Coujou, and Cintia Faraco.

This volume offers new insight into key developments in the history of protection for patent rights during the period 1791-1883. The author presents a detailed examination of the underlying theoretical bases advanced for the protection of patents in various key European countries, and including new material focusing on the political rhetoric of protagonists and opponents of the patent system during the course of the patent abolitionist debates of the 1860s and 1870s. Finally, the book examines in detail the factors which prompted the movement towards international protection of patents, culminating in the Paris Convention for the Protection of Industrial Property of 1883.

Centering on cases of sexual violence, this book illuminates the contested introduction of British and French colonial criminal justice in the Pacific Islands during the late 19th and early 20th centuries, focusing on Fiji, New Caledonia, and Vanuatu/New Hebrides. It foregrounds the experiences of Indigenous Islanders and indentured laborers in the colonial court system, a space in which marginalized voices entered the historical record. Rape and sexual assault trials reveal how hierarchies of race, gender and status all shaped the practice of colonial law in the courtroom and the gendered experiences of colonialism. Trials provided a space where men and women narrated their own story and at times challenged the operation of colonial law. Through these cases, Gender, Violence and Criminal Justice in the Colonial Pacific highlights the extent to which colonial bureaucracies engaged with and affected private lives, as well as the varied ways in which individuals and communities responded to such intrusions and themselves reshaped legal practices and institutions in the Pacific. With bureaucratic institutions unable to deal with the complex realities of colonial lives, Stevens reveals how the courtroom often became a theatrical space in which authority was performed, deliberately obscuring the more complex and violent practices that were central to both colonialism and colonial law-making. Exploring the intersections of legal pluralism and local pragmatism across British and French colonialization in the Pacific, this book shows how island communities and early colonial administrators adopted diverse and flexible approaches towards criminal justice, pursuing alternative forms of justice ranging from unofficial courts to punitive violence in order to deal with cases of sexual assault.

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.

'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.

In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.

This book sheds new light on the ongoing fight to end prostitution through a historical study of its emotional communities. An issue that has long been the subject of much debate amongst feminists, governments and communities alike, the history of the fight to end prostitution has an important bearing on feminist politics today. This book identifies key abolitionist emotional communities, tracing their origins, interactions and evolutions with various historical and contemporary emotional styles. In doing do, Emotional Histories in the Fight to End Prostitution highlights a more nuanced view of the movement's history. From Moral Liberals in 19th century Britain to the American anti-pornography movement and Swedish 'Nordic Model', Emotional Histories in the Fight to End Prostitution shows how emotional styles and practices have influenced the evolution of the fight against prostitution in Britain, the United States and Western Europe. From the fear of sin, to maternal compassion and survivor shame and loss, Michele Greer historicizes emotions and studies them as dynamic forms of situated knowledge. In doing so, she sheds light on how women's lived experiences have been transformed and politicized, and raises important questions around how feminist emotions in social protest can not only challenge but unknowingly defend existing socio-political conventions and inequalities. Highlighting the links between past and present forms of abolitionism, it shows that this connection is more complex and far-reaching than currently assumed, and offers new perspectives on the history of emotions.