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Books > Law > Jurisprudence & general issues > Legal history
This book is the first monograph to analyse the workings of
Scotland's legal profession in its early modern European context.
It is a comprehensive survey of lawyers working in the local and
central courts; investigating how they interacted with their
clients and with each other, the legal principles governing ethical
practice, and how they fulfilled a social role through providing
free services to the poor and also services to town councils and
other corporations. Based heavily on a wide range of archival
sources, and reflecting the contemporary importance of local
societies of lawyers, John Finlay offers a groundbreaking yet
accessible study of the eighteenth-century legal profession which
adds a new dimension to our knowledge of Enlightenment Scotland.
Female protagonists are commonly overlooked in the history of
crime; especially in early modern Italy, where women's scope of
action is often portrayed as heavily restricted. This book
redresses the notion of Italian women's passivity, arguing that
women's crimes were far too common to be viewed as an anomaly.
Based on over two thousand criminal complaints and investigation
dossiers, Sanne Muurling charts the multifaceted impact of gender
on patterns of recorded crime in early modern Bologna. While
various socioeconomic and legal mechanisms withdrew women from the
criminal justice process, the casebooks also reveal that women - as
criminal offenders and savvy litigants - had an active hand in
keeping the wheels of the court spinning.
This monograph makes a seminal contribution to existing literature
on the importance of Roman law in the development of political
thought in Europe. In particular it examines the expression
'dominus mundi', following it through the texts of the medieval
jurists - the Glossators and Post-Glossators - up to the political
thought of Hobbes. Understanding the concept of dominus mundi sheds
light on how medieval jurists understood ownership of individual
things; it is more complex than it might seem; and this book
investigates these complexities. The book also offers important new
insights into Thomas Hobbes, especially with regard to the end of
dominus mundi and the replacement by Leviathan. Finally, the book
has important relevance for contemporary political theory. With
fading of political diversity Monateri argues "that the actual
setting of globalisation represents the reappearance of the Ghost
of the Dominus Mundi, a political refoule - repressed - a
reappearance of its sublime nature, and a struggle to restore its
universal legitimacy, and take its place." In making this argument,
the book adds an important original vision to current debates in
legal and political philosophy.
This book fills a significant gap in our current understanding of
early modern Scottish history. It is the first systematic
consideration of the workings of seigneurial courts of feudal lords
in 18th century Scotland. For several hundred years, these courts
were one of the main forums for justice across Europe. Until 1748,
Scottish courts of barony and regality handled both criminal
complaints and civil disputes; they made by-laws and levied taxes;
they set wages and enforced morality. The 18th century was a time
of epoch-defining events in Scotland, such as the Jacobite
rebellions, and union with England. The amount of literature on
this period of Scottish history is extensive; it is therefore
remarkable that the story of these courts has been left untouched.
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