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Books > Law > Jurisprudence & general issues > Legal history

Before Bostock - The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins (Hardcover): Jason A. Pierceson Before Bostock - The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins (Hardcover)
Jason A. Pierceson
R1,154 Discovery Miles 11 540 Ships in 12 - 17 working days

On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6-to-3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent but well-developed shift in federal jurisprudence on the question of LGBTQ+ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ+ rights: Price Waterhouse v. Hopkins. The court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Ann Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ+ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ+ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ+ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years outside of the marriage equality cases. Before Bostock tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ+ rights. Pierceson examines the groundbreaking Supreme Court decision of Bostock v. Clayton County through the legal path created by Title VII of the Civil Rights Act of 1964 and the interpretation of the word "sex" over time. Focusing on history, courageous LGBTQ+ plaintiffs, and the careful work of legal activists, Before Bostock illustrates how the courts can expand LGBTQ+ rights when legislators are more resistant, and it adds to our understanding about contemporary judicial policymaking in the context of statutory interpretation.

The Enlightenment and the rights of man (Paperback): Vincenzo Ferrone The Enlightenment and the rights of man (Paperback)
Vincenzo Ferrone
R3,007 Discovery Miles 30 070 Ships in 12 - 17 working days

The Enlightenment redefined the ethics of the rights of man as part of an outlook that was based on reason, the equality of all nations and races, and man's self-determination. This led to the rise of a new language: the political language of the moderns, which spread throughout the world its message of the universality and inalienability of the rights of man, transforming previous references to subjective rights in the state of nature into an actual programme for the emancipation of man. Ranging from the Italy of Filangieri and Beccaria to the France of Voltaire, Rousseau and Diderot, from the Scotland of Hume, Ferguson and Smith to the Germany of Lessing, Goethe and Schiller, and as far as the America of Franklin and Jefferson, Vincenzo Ferrone deals with a crucial theme of modern historiography: one that addresses the great contemporary debate on the problematic relationship between human rights and the economy, politics and justice, the rights of the individual and the rights of the community, state and religious despotism and freedom of conscience.

Background to Indian Law (Paperback): Sir George Claus Rankin Background to Indian Law (Paperback)
Sir George Claus Rankin
R845 Discovery Miles 8 450 Ships in 12 - 17 working days

Originally published in 1946, this book was written to provide British lawyers with a guide to the legal processes of India, particularly those lawyers engaging with Indian law for the first time. The text is divided into two main parts: civil law and criminal law. A list of cases cited is included at the end of the text. This book will be of value to anyone with an interest in the development of Indian law and legal history.

Delegated Legislation - Three Lectures (Paperback): Cecil T. Carr Delegated Legislation - Three Lectures (Paperback)
Cecil T. Carr
R612 Discovery Miles 6 120 Ships in 12 - 17 working days

Originally published in 1921, this book presents the content of three lectures delivered during the April of that year in Cambridge. Each lecture is divided over two chapters. The text provides an account of delegated legislation and its replacement of prerogative legislation. The benefits of delegation are discussed, alongside the ways in which liberties, if imperilled, can be protected by safeguards. Appendices are also included. This book will be of value to anyone with an interest in legal history and British legislative practice.

The Legal History of Wales (Paperback, 2nd New edition): Thomas Watkin The Legal History of Wales (Paperback, 2nd New edition)
Thomas Watkin
R925 R874 Discovery Miles 8 740 Save R51 (6%) Ships in 12 - 17 working days

Watkin provides a history of the various legal systems by which Wales and its people have been governed over the last two millenia, including the civil law of Rome, the laws of the native Welsh people, the canon law of the Church and the English common law. This book shows how in each age the people of Wales have adapted to and adopted the legal traditions which they have encountered and assesses the importance of this inheritance for the future of modern Wales within both Europe and the wider international community.

An Examination of the Testimony of the Four Evangelists By the Rules of Evidence Administered in Courts of Justice (Hardcover):... An Examination of the Testimony of the Four Evangelists By the Rules of Evidence Administered in Courts of Justice (Hardcover)
Simon Greenleaf
R505 Discovery Miles 5 050 Ships in 10 - 15 working days
Economics of Legal History (Hardcover): Daniel Klerman Economics of Legal History (Hardcover)
Daniel Klerman
R10,764 Discovery Miles 107 640 Ships in 12 - 17 working days

Generations of law and economics scholars have been fascinated by history, seeing in its institutions and laws a vast database for illustrating their theories. Equally, historians have seen economic analysis as a helpful tool with which to analyse legal institutions. As a result a vibrant field has emerged in which people trained in law, economics, history and political science have all made significant contributions. This research review identifies the most important works examining legal history from an economic perspective.

The Law of State Succession (Paperback): D.P. O'Connell The Law of State Succession (Paperback)
D.P. O'Connell
R1,101 Discovery Miles 11 010 Ships in 12 - 17 working days

First published in 1956, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence. Special importance is given to practice following the Second World War, in particular the partition of British India in 1947. Tables of cases and statutes are included. This book will be of value to anyone with an interest in comparative and international law.

Governmental Liability - A Comparative Study (Paperback): H. Street Governmental Liability - A Comparative Study (Paperback)
H. Street
R842 Discovery Miles 8 420 Ships in 12 - 17 working days

First published in 1953, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth. Tables of cases and statutes are included, together with a list of works cited. Detailed notes are incorporated throughout. This book will be of value to anyone with an interest in comparative law and legal history.

The General Eyre - Lectures Delivered in the University of London at the Request of the Faculty of Laws (Paperback): William... The General Eyre - Lectures Delivered in the University of London at the Request of the Faculty of Laws (Paperback)
William Craddock Bolland; Introduction by Harold Dexter Hazeltine
R612 Discovery Miles 6 120 Ships in 12 - 17 working days

Originally published in 1922, this book presents the content of a series of lectures on the general eyre delivered in the University of London at the request of the Faculty of Laws. The text gives a concise account of the eyres from their development during the late twelfth century to their ultimate cessation at the end of the thirteenth, focusing mainly on their use in relation to financial matters rather than on judicial areas. Three lectures are contained and an introduction is also included. This book will be of value to anyone with an interest in the general eyre and English legal history.

The Year Books - Lectures Delivered in the University of London at the Request of the Faculty of Laws (Paperback): William... The Year Books - Lectures Delivered in the University of London at the Request of the Faculty of Laws (Paperback)
William Craddock Bolland; Introduction by Frederick Pollock
R602 Discovery Miles 6 020 Ships in 12 - 17 working days

Originally published in 1921, this book presents the content of a series of lectures on the Year Books delivered in the University of London at the request of the Faculty of Laws. The text gives a concise introduction to the Year Books, providing information on their role in the development of the English legal system and importance as historical documents. Three lectures are contained and an introduction is also included. This book will be of value to anyone with an interest in the Year Books, law reports and legal history.

Bona Fide Purchase of Goods - The Position and Rights of a Bona Fide Purchaser for Value of Goods Improperly Obtained... Bona Fide Purchase of Goods - The Position and Rights of a Bona Fide Purchaser for Value of Goods Improperly Obtained (Paperback)
J. Walter Jones
R803 Discovery Miles 8 030 Ships in 12 - 17 working days

Originally published in 1921, this book presents the content of the Yorke Prize essay for 1918. The text provides a concise discussion of the law regarding the purchase of goods in relation to the area of 'goods improperly obtained'. This book will be of value to anyone with an interest in the British legal system and the history of law.

The Uses of Justice in Global Perspective, 1600-1900 (Hardcover): Griet Vermeesch, Manon Van Der Heijden, Jaco Zuijderduijn The Uses of Justice in Global Perspective, 1600-1900 (Hardcover)
Griet Vermeesch, Manon Van Der Heijden, Jaco Zuijderduijn
R4,437 Discovery Miles 44 370 Ships in 12 - 17 working days

The Uses of Justice in Global Perspective, 1600-1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this 'legal pluralism'. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600-1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.

Comparative Law - An Introduction to the Comparative Method of Legal Study and Research (Paperback): H.C. Gutteridge Comparative Law - An Introduction to the Comparative Method of Legal Study and Research (Paperback)
H.C. Gutteridge
R841 Discovery Miles 8 410 Ships in 12 - 17 working days

First published in 1946, this book formed part of the Cambridge Studies in International and Comparative Law series. The text was written with three key aims: to explain the origin and meaning of comparative law; to describe the purposes for which the comparative method of legal study can be utilised; and to estimate the value of comparative law as an instrument for the growth and development of the law. Tables of cases and statutes are included. This book will be of value to anyone with an interest in comparative law and legal history.

A Cultural History of Law in the Age of Enlightenment (Paperback, NIP): Rebecca Probert, John Snape A Cultural History of Law in the Age of Enlightenment (Paperback, NIP)
Rebecca Probert, John Snape
R926 Discovery Miles 9 260 Ships in 12 - 17 working days

The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the "long 18th century" (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

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
R3,705 Discovery Miles 37 050 Ships in 12 - 17 working days
The Pollock-Holmes Letters: Volume 1 - Correspondence of Sir Frederick Pollock and Mr Justice Holmes 1874-1932 (Paperback):... The Pollock-Holmes Letters: Volume 1 - Correspondence of Sir Frederick Pollock and Mr Justice Holmes 1874-1932 (Paperback)
Mark DeWolfe Howe
R928 Discovery Miles 9 280 Ships in 12 - 17 working days

The celebrated jurists Sir Frederick Pollock (1845-1937) and Oliver Wendell Holmes Jr (1841-1935) maintained a regular trans-Atlantic correspondence between 1874 and 1932, in which they discussed many points of law, as well as more personal matters. After Holmes's death, his papers were donated to Harvard Law School, and in 1942 this two-volume collection of his correspondence with Pollock was published, edited by Harvard alumnus Mark DeWolfe Howe. Volume one contains the letters dated between 1874 and 1918 and includes their discussion of topics such as the American Civil War and World War One, as well as legal decisions made by Holmes in his capacity as a judge of the United States Supreme Court. This book will be of value to anyone with an interest in legal history and the relationship between American and English law.

The Pollock-Holmes Letters: Volume 2 - Correspondence of Sir Frederick Pollock and Mr Justice Holmes 1874-1932 (Paperback):... The Pollock-Holmes Letters: Volume 2 - Correspondence of Sir Frederick Pollock and Mr Justice Holmes 1874-1932 (Paperback)
Mark DeWolfe Howe
R990 Discovery Miles 9 900 Ships in 12 - 17 working days

The celebrated jurists Sir Frederick Pollock (1845-1937) and Oliver Wendell Holmes Jr (1841-1935) maintained a regular trans-Atlantic correspondence between 1874 and 1932, in which they discussed many points of law, as well as more personal matters. After Holmes's death, his papers were donated to Harvard Law School, and in 1942 this two-volume collection of his correspondence with Pollock was published, edited by Harvard alumnus Mark DeWolfe Howe. Volume two contains the letters dated between 1919 and 1932 and includes their discussion of topics such as ancient history and Latin literature, as well as legal decisions made by Holmes in his capacity as a judge of the United States Supreme Court. This book will be of value to anyone with an interest in legal history and the relationship between American and English law.

The War on Drugs - A History (Paperback): David Farber The War on Drugs - A History (Paperback)
David Farber
R760 Discovery Miles 7 600 Ships in 12 - 17 working days

A revealing look at the history and legacy of the "War on Drugs" Fifty years after President Richard Nixon declared a "War on Drugs," the United States government has spent over a trillion dollars fighting a losing battle. In recent years, about 1.5 million people have been arrested annually on drug charges-most of them involving cannabis-and nearly 500,000 Americans are currently incarcerated for drug offenses. Today, as a response to the dire human and financial costs, Americans are fast losing their faith that a War on Drugs is fair, moral, or effective. In a rare multi-faceted overview of the underground drug market, featuring historical and ethnographic accounts of illegal drug production, distribution, and sales, The War on Drugs: A History examines how drug war policies contributed to the making of the carceral state, racial injustice, regulatory disasters, and a massive underground economy. At the same time, the collection explores how aggressive anti-drug policies produced a "deviant" form of globalization that offered economically marginalized people an economic life-line as players in a remunerative transnational supply and distribution network of illicit drugs. While several essays demonstrate how government enforcement of drug laws disproportionately punished marginalized suppliers and users, other essays assess how anti-drug warriors denigrated science and medical expertise by encouraging moral panics that contributed to the blanket criminalization of certain drugs. By analyzing the key issues, debates, events, and actors surrounding the War on Drugs, this timely and impressive volume provides a deeper understanding of the role these policies have played in making our current political landscape and how we can find the way forward to a more just and humane drug policy regime.

The Changing Legal Regulation of Cohabitation - From Fornicators to Family, 1600-2010 (Paperback): Rebecca Probert The Changing Legal Regulation of Cohabitation - From Fornicators to Family, 1600-2010 (Paperback)
Rebecca Probert
R1,132 Discovery Miles 11 320 Ships in 12 - 17 working days

This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.

Supreme Decisions, Combined Volume - Great Constitutional Cases and Their Impact (Paperback): Melvin I Urofsky Supreme Decisions, Combined Volume - Great Constitutional Cases and Their Impact (Paperback)
Melvin I Urofsky
R1,753 Discovery Miles 17 530 Ships in 12 - 17 working days

"Supreme Decisions: Great Constitutional Cases and Their Impact," Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. Featuring "Marbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, " and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones.
"Supreme Decisions" can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.

Calendar of Early Mayor's Court Rolls - AD 1298-1307 (Paperback): A.H. Thomas Calendar of Early Mayor's Court Rolls - AD 1298-1307 (Paperback)
A.H. Thomas
R863 Discovery Miles 8 630 Ships in 12 - 17 working days

Originally published in 1924, this book presents the content of nine Mayor's Court rolls preserved among the archives of the Corporation of the City of London, covering the period from 22 May 1298 to 2 August 1307. Written during an early and important period of the City's development, they throw considerable light on ancient municipal law and legal custom. Detailed notes are incorporated throughout, together with indexes of names and subjects. A comprehensive editorial introduction is also provided. This book will be of value to anyone with an interest in the history of London and the development of the English legal system.

Calendar of Select Pleas and Memoranda of the City of London - AD 1381-1412 (Paperback): A.H. Thomas Calendar of Select Pleas and Memoranda of the City of London - AD 1381-1412 (Paperback)
A.H. Thomas
R931 Discovery Miles 9 310 Ships in 12 - 17 working days

Originally published in 1932, this book presents a selection of the pleas and memoranda preserved among the archives of the City of London, roughly covering the period between 1381 and 1412. Written during an important period of the City's development, they throw considerable light on municipal law and legal custom. Detailed notes are incorporated throughout, together with indexes of names, places and subjects. A comprehensive editorial introduction is also provided. This book will be of value to anyone with an interest in the history of London and the development of the English legal system.

Calendar of Plea and Memoranda Rolls - AD 1413-1437 (Paperback): A.H. Thomas Calendar of Plea and Memoranda Rolls - AD 1413-1437 (Paperback)
A.H. Thomas
R914 Discovery Miles 9 140 Ships in 12 - 17 working days

Originally published in 1943, this book presents the content of Plea and Memoranda rolls preserved in the archive of the City of London covering the period 1413 to 1437. Written during an important period of the City's development, they throw considerable light on municipal law and legal custom. Detailed notes are incorporated throughout, together with indexes of names, places and subjects. A comprehensive editorial introduction is also provided. This book will be of value to anyone with an interest in the history of London and the development of the English legal system.

Calendar of Plea and Memoranda Rolls - AD 1364-1381 (Paperback): A.H. Thomas Calendar of Plea and Memoranda Rolls - AD 1364-1381 (Paperback)
A.H. Thomas
R932 Discovery Miles 9 320 Ships in 12 - 17 working days

Originally published in 1929, this book presents the content of the Plea and Memoranda rolls preserved among the archives of the City of London covering the period 1364 to 1381. Written during an important period of the City's development, they throw considerable light on municipal law and legal custom. Detailed notes are incorporated throughout, together with indexes of names, places and subjects. A comprehensive editorial introduction is also provided. This book will be of value to anyone with an interest in the history of London and the development of the English legal system.

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