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Books > Law > Jurisprudence & general issues > Legal history

Private Security and the Modern State - Historical and Comparative Perspectives (Hardcover): David Churchill, Dolores... Private Security and the Modern State - Historical and Comparative Perspectives (Hardcover)
David Churchill, Dolores Janiewski, Pieter Leloup
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Based on extensive research in several international contexts, this volume provides a nuanced assessment of the historical evolution of private security and its fluid, contested and mutually constitutive relationship with state agencies, public policing and the criminal justice system. This book provides an overview of the history of private security provision in its multiple forms including detective agencies, insurance companies, moral campaigners, employers' associations, paramilitary organizations, self-protection and vigilantism. It also explores the historical evolution of private policing and security provision in a diverse set of temporal, national and international contexts and compares the interactions between public and private security bodies, structures, strategies and practices in different countries, cultures and settings. In doing so, the volume fills the existing gaps in historical knowledge about the emergence of private and public security organizations and provides a more robust understanding of changes in the division of responsibility for security provision, law enforcement and punishment between public and private institutions. This wide-ranging volume will be of great interest to scholars and students of history, criminology, sociology, political science, international relations, security studies, surveillance studies, policing, criminal justice and law.

Challenges to Authority and the Recognition of Rights - From Magna Carta to Modernity (Hardcover): Catharine MacMillan,... Challenges to Authority and the Recognition of Rights - From Magna Carta to Modernity (Hardcover)
Catharine MacMillan, Charlotte Smith
R3,217 Discovery Miles 32 170 Ships in 10 - 15 working days

While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.

A History of Law in Europe - From the Early Middle Ages to the Twentieth Century (Paperback): Antonio Padoa-Schioppa A History of Law in Europe - From the Early Middle Ages to the Twentieth Century (Paperback)
Antonio Padoa-Schioppa; Translated by Caterina Fitzgerald
R1,699 Discovery Miles 16 990 Ships in 10 - 15 working days

With its roots in ancient Greece, Roman law and Christianity, European legal history is the history of a common civilisation. The exchange of legislative models, doctrines and customs within Europe included English common law and has been extensive from the early middle ages to the present time. In this seminal work which spans from the fifth to the twentieth century, Antonio Padoa-Schioppa explores how law was brought to life in the six main phases of European legal history. By analysing a selection of the institutions of private and public law which are most representative of each phase and of each country, he also sheds light on the common features throughout the history of European legal culture. Translated in English for the first time, this new edition has been revised to include the recent developments of the European Union and the legal-historical works of the last decade.

Thinking about Statutes - Interpretation, Interaction, Improvement (Hardcover): Andrew Burrows Thinking about Statutes - Interpretation, Interaction, Improvement (Hardcover)
Andrew Burrows
R2,238 Discovery Miles 22 380 Ships in 10 - 15 working days

We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.

La formation du droit canonique medieval (Hardcover, New Ed): Jean Gaudemet La formation du droit canonique medieval (Hardcover, New Ed)
Jean Gaudemet
R1,064 Discovery Miles 10 640 Ships in 12 - 17 working days

In this volume Professor Gaudemet examines the growth and development of the law of the Church. The Decretum of Gratian and the corpus of conciliar legislation, two of its principal sources, figure prominently. While, in these studies, the author's interest lies principally with the investigation of the origins of canon law, he insists that one should not lose sight of the broader context and points to many areas that would repay further study. Church law, for instance, should not be taken in isolation but seen as a reflection of the needs and values of its time.

The Contested Place of Religion in Family Law (Hardcover): Robin Fretwell Wilson The Contested Place of Religion in Family Law (Hardcover)
Robin Fretwell Wilson
R3,468 Discovery Miles 34 680 Ships in 10 - 15 working days

Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.

From Guns to Gavels - How Justice Grew Up in the Outlaw West (Hardcover): Bill Neal From Guns to Gavels - How Justice Grew Up in the Outlaw West (Hardcover)
Bill Neal
R830 R697 Discovery Miles 6 970 Save R133 (16%) Ships in 10 - 15 working days

When a thirteen-year-old boy strikes out on his own in 1885, leaving his Civil War-ravaged Mississippi homeland for the wild Red River border land between North Texas and Indian Territory, the American West is a land beyond the reach of the law. Crime thrives in the absence of law officers, courtrooms, judges, and jails. Vigilante justice, the posse, and the hangman's noose fill the void. But by the time the young man - now a veteran outlaw dies by the gun in 1929 after a tempestuous career, the Old West has been largely tamed, its official legal systems firmly in place. In this companion volume to ""Getting Away with Murder on the Texas Frontier"", veteran defense attorney and prosecutor Bill Neal takes readers from Mississippi to the frontiers of West Texas, Indian Territory, New Mexico Territory, and finally the frozen Montana wilderness through a series of linked, true-life tales of crimes and trials. Tracing the struggles of incipient criminal justice in the Southwest through an engaging progression of outlaws and lawmen, plus a host of colorful frontier trial lawyers and judges, Neal reveals how law and society matured together. Virtually an anecdotal textbook, ""From Guns to Gavels"" follows a bloody trail from the Wild West through the decade after World War I, when the gavel-wielding, black-robed Judge Blackstone at last gained ascendancy over Judge Winchester and Judge Lynch.

The Reinvention of Magna Carta 1216-1616 (Paperback): John Baker The Reinvention of Magna Carta 1216-1616 (Paperback)
John Baker
R1,513 Discovery Miles 15 130 Ships in 10 - 15 working days

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.

Political Trials in Theory and History (Paperback): Jens Meierhenrich, Devin O. Pendas Political Trials in Theory and History (Paperback)
Jens Meierhenrich, Devin O. Pendas
R1,092 Discovery Miles 10 920 Ships in 10 - 15 working days

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

Hear No Evil - Shortlisted for the Bloody Scotland Debut Prize 2022 (Hardcover): Sarah Smith Hear No Evil - Shortlisted for the Bloody Scotland Debut Prize 2022 (Hardcover)
Sarah Smith
R525 R429 Discovery Miles 4 290 Save R96 (18%) Ships in 9 - 15 working days

SHORTLISTED FOR THE BLOODY SCOTLAND DEBUT PRIZE 2022 'Beautifully written and a real page turner -a wonderful insight into the early quest to understand and give a voice to people who cannot hear. ' Elisabeth Gifford 'A fascinating exploration of deafness and human value amid the sights, sounds of smells of 1817 urban Scotland.' Sally Magnusson 'told with great empathy and heart' Guinevere Glasfurd 'A striking and stylish literary page-turner that breathes life into the past' Zoe Strachan 'skilfully combines crime fiction with a woman's struggle to speak the truth' The Times In the burgeoning industrial city of Glasgow in 1817 Jean Campbell - a young, Deaf woman - is witnessed throwing a child into the River Clyde from the Old Bridge. No evidence is yielded from the river. Unable to communicate with their silent prisoner, the authorities move Jean to the decaying Edinburgh Tolbooth in order to prise the story from her. The High Court calls in Robert Kinniburgh, a talented teacher from the Deaf & Dumb Institution, in the hope that he will interpret for them and determine if Jean is fit for trial. If found guilty she faces one of two fates; death by hanging or incarceration in an insane asylum. Through a process of trial and error, Robert and Jean manage to find a rudimentary way of communicating with each other. As Robert gains her trust, Jean confides in him, and Robert begins to uncover the truth, moving uneasily from interpreter to investigator, determined to clear her name before it is too late. Based on a landmark case in Scottish legal history Hear No Evil is a richly atmospheric exploration of nineteenth-century Edinburgh and Glasgow at a time when progress was only on the horizon. A time that for some who were silenced could mean paying the greatest price.

Against Constitutionalism (Hardcover): Martin Loughlin Against Constitutionalism (Hardcover)
Martin Loughlin
R893 Discovery Miles 8 930 Ships in 12 - 17 working days

A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Going the Distance - Eurasian Trade and the Rise of the Business Corporation, 1400-1700 (Hardcover): Ron Harris Going the Distance - Eurasian Trade and the Rise of the Business Corporation, 1400-1700 (Hardcover)
Ron Harris
R1,013 Discovery Miles 10 130 Ships in 12 - 17 working days

A historical look at the early evolution of global trade and how this led to the creation and dominance of the European business corporation Before the seventeenth century, trade across Eurasia was mostly conducted in short segments along the Silk Route and Indian Ocean. Business was organized in family firms, merchant networks, and state-owned enterprises, and dominated by Chinese, Indian, and Arabic traders. However, around 1600 the first two joint-stock corporations, the English and Dutch East India Companies, were established. Going the Distance tells the story of overland and maritime trade without Europeans, of European Cape Route trade without corporations, and of how new, large-scale, and impersonal organizations arose in Europe to control long-distance trade for more than three centuries. Ron Harris shows that by 1700, the scene and methods for global trade had dramatically changed: Dutch and English merchants shepherded goods directly from China and India to northwestern Europe. To understand this transformation, Harris compares the organizational forms used in four major regions: China, India, the Middle East, and Western Europe. The English and Dutch were the last to leap into Eurasian trade, and they innovated in order to compete. They raised capital from passive investors through impersonal stock markets and their joint-stock corporations deployed more capital, ships, and agents to deliver goods from their origins to consumers. Going the Distance explores the history behind a cornerstone of the modern economy, and how this organizational revolution contributed to the formation of global trade and the creation of the business corporation as a key factor in Europe's economic rise.

Law and Imagination in Troubled Times - A Legal and Literary Discourse (Paperback): Richard Mullender, Matteo Nicolini, Thomas... Law and Imagination in Troubled Times - A Legal and Literary Discourse (Paperback)
Richard Mullender, Matteo Nicolini, Thomas D.C. Bennett, Emilia Mickiewicz
R1,244 Discovery Miles 12 440 Ships in 12 - 17 working days

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination.' Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.

Rhetorical Processes and Legal Judgments - How Language and Arguments Shape Struggles for Rights and Power (Paperback): Austin... Rhetorical Processes and Legal Judgments - How Language and Arguments Shape Struggles for Rights and Power (Paperback)
Austin Sarat
R816 Discovery Miles 8 160 Ships in 10 - 15 working days

Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions.

Portraits of Women in International Law - New Names and Forgotten Faces? (Paperback): Immi Tallgren Portraits of Women in International Law - New Names and Forgotten Faces? (Paperback)
Immi Tallgren
R1,269 Discovery Miles 12 690 Ships in 9 - 15 working days

Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

Chastity in Early Stuart Literature and Culture (Paperback): Bonnie Lander Johnson Chastity in Early Stuart Literature and Culture (Paperback)
Bonnie Lander Johnson
R830 Discovery Miles 8 300 Ships in 10 - 15 working days

In this book, Bonnie Lander Johnson explores early modern ideas of chastity, demonstrating how crucial early Stuart thinking on chastity was to political, medical, theological and moral debates, and that it was also a virtue that governed the construction of different literary genres. Drawing on a range of materials, from prose to theatre, theological controversy to legal trials, and court ceremonies - including royal birthing rituals - Lander Johnson unearths previously unrecognised opinions about chastity. She reveals that early Stuart theatrical and court ceremonies were part of the same political debate as prose pamphlets and religious sermons. The volume also offers new readings of Milton's Comus, Shakespeare's The Winter's Tale, Henrietta Maria's queenship and John Ford's plays. It will appeal to scholars of early modern literature, theatre, political, medical and cultural history, and gender studies.

The Captive's Quest for Freedom - Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery (Hardcover):... The Captive's Quest for Freedom - Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery (Hardcover)
R.J.M. Blackett
R3,212 Discovery Miles 32 120 Ships in 10 - 15 working days

This magisterial study, ten years in the making by one of the field's most distinguished historians, will be the first to explore the impact fugitive slaves had on the politics of the critical decade leading up to the Civil War. Through the close reading of diverse sources ranging from government documents to personal accounts, Richard J. M. Blackett traces the decisions of slaves to escape, the actions of those who assisted them, the many ways black communities responded to the capture of fugitive slaves, and how local laws either buttressed or undermined enforcement of the federal law. Every effort to enforce the law in northern communities produced levels of subversion that generated national debate so much so that, on the eve of secession, many in the South, looking back on the decade, could argue that the law had been effectively subverted by those individuals and states who assisted fleeing slaves.

Judges In Conversation - Landmark Human Rights Cases Of The Twentieth Century  (Paperback): N. Rajab Budlender, S. Budlender Judges In Conversation - Landmark Human Rights Cases Of The Twentieth Century (Paperback)
N. Rajab Budlender, S. Budlender
R386 R340 Discovery Miles 3 400 Save R46 (12%) Ships in 4 - 8 working days

Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists.

The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law.

This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.

Imperatives for Legal Education Research - Then, Now and Tomorrow (Hardcover): Ben Golder, Marina Nehme, Alex Steel, Prue Vines Imperatives for Legal Education Research - Then, Now and Tomorrow (Hardcover)
Ben Golder, Marina Nehme, Alex Steel, Prue Vines
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

Anatomy of a Duel in Jacobean England - Gentry Honour, Violence and the Law (Hardcover): Lloyd Bowen Anatomy of a Duel in Jacobean England - Gentry Honour, Violence and the Law (Hardcover)
Lloyd Bowen
R2,142 Discovery Miles 21 420 Ships in 12 - 17 working days

Throws much new light on questions of gentry honour, the nature and prevalence of early modern elite violence, and the process of judicial investigation in Shakespeare's England This book offers an analysis of Jacobean duelling and gentry honour culture through the close examination and contextualisation of the most fully documented duel of the early modern era. This was the fatal encounter between a Flintshire gentleman, Edward Morgan, and his Cheshire antagonist, John Egerton, which took place at Highgate on 21 April 1610. John Egerton was killed, but controversy quickly erupted over whether he had died in a fair fight of honour or had been murdered in a shameful conspiracy. The legal investigation into the killing produced a rich body of evidence which reveals in unparalleled detail not only the dynamics of the fight itself, but also the inner workings of a seventeenth-century metropolitan manhunt, the Middlesex coroner's court, a murder trial at King's Bench, and also the murky webs of aristocratic patronage at the Jacobean Court which ultimately allowed Morgan to secure a pardon. Uniquely, a series of dramatic Star Chamber suits have survived that also allow us to investigate the duel's origins. Their close examination, as Lloyd Bowen shows, calls into question the historiographical paradigm which sees early modern duels as matters of the moment and distinct from, as opposed to connected to, the gentry feud. The book throws much new light on questions of gentry honour, the nature and prevalence of early modern elite violence, and the process of judicial investigation in Shakespeare's England.

Lordship and Governance by the Inheriting Countesses of Boulogne, 1160–1260 (Hardcover, New edition): Heather J Tanner Lordship and Governance by the Inheriting Countesses of Boulogne, 1160–1260 (Hardcover, New edition)
Heather J Tanner
R3,633 Discovery Miles 36 330 Ships in 12 - 17 working days
Taming the Past - Essays on Law in History and History in Law (Paperback): Robert W. Gordon Taming the Past - Essays on Law in History and History in Law (Paperback)
Robert W. Gordon
R1,150 Discovery Miles 11 500 Ships in 10 - 15 working days

Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.

Citizenship, Alienage, and the Modern Constitutional State - A Gendered History (Paperback): Helen Irving Citizenship, Alienage, and the Modern Constitutional State - A Gendered History (Paperback)
Helen Irving
R998 Discovery Miles 9 980 Ships in 10 - 15 working days

To have a nationality is a human right. But between the nineteenth and mid-twentieth centuries, virtually every country in the world adopted laws that stripped citizenship from women who married foreign men. Despite the resulting hardships and even statelessness experienced by married women, it took until 1957 for the international community to condemn the practice, with the adoption of the United Nations Convention on the Nationality of Married Women. Citizenship, Alienage, and the Modern Constitutional State tells the important yet neglected story of marital denaturalization from a comparative perspective. Examining denaturalization laws and their impact on women around the world, with a focus on Australia, Britain, Canada, Ireland, New Zealand and the United States, it advances a concept of citizenship as profoundly personal and existential. In doing so, it sheds light on both a specific chapter of legal history and the theory of citizenship in general.

The Government of Social Life in Colonial India - Liberalism, Religious Law, and Women's Rights (Paperback): Rachel Sturman The Government of Social Life in Colonial India - Liberalism, Religious Law, and Women's Rights (Paperback)
Rachel Sturman
R951 Discovery Miles 9 510 Ships in 10 - 15 working days

From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women's rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how - far from being a system based on traditional values - Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women's rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wide-ranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.

The Declaration of Independence and God - Self-Evident Truths in American Law (Paperback): Owen Anderson The Declaration of Independence and God - Self-Evident Truths in American Law (Paperback)
Owen Anderson
R877 Discovery Miles 8 770 Ships in 10 - 15 working days

'Self-evident truths' was a profound concept used by the drafters of the American Declaration of Independence to insist on their rights and freedom from oppressive government. How did this Enlightenment notion of self-evident human rights come to be used in this historic document and what is its true meaning? In The Declaration of Independence and God, Owen Anderson traces the concept of a self-evident creator through America's legal history. Starting from the Declaration of Independence, Anderson considers both challenges to belief in God from thinkers like Thomas Paine and American Darwinists, as well as modifications to the concept of God by theologians like Charles Finney and Paul Tillich. Combining history, philosophy and law in a unique focus, this book opens exciting new avenues for the study of America's legal history.

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