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Books > Law > Jurisprudence & general issues > Legal history
Building Justice draws on the inspiring life of former Canadian
Supreme Court Justice Frank Iacobucci to offer insight into the
meaning of engaged citizenship through law. Ignoring early advice
that he had the wrong kind of name to go to law school, Frank
Iacobucci, the son of Italian immigrants, made a name for himself
as an outstanding Canadian jurist. Serving as justice of the
Supreme Court of Canada from 1991 to 2004, Iacobucci was also
professor and dean of law at the University of Toronto and deputy
minister of justice for Canada. In Building Justice, Shauna Van
Praagh weaves together the voices of individuals whose paths and
projects have intersected with those of Frank Iacobucci. The book
provides a compelling consideration of the study and practice of
law as it follows the stages of Iacobucci's life and career: from
his childhood in Vancouver, his practice as a young lawyer, his
time at the University of Toronto and with the Federal Department
of Justice, his work as a judge at the highest level of court, and
his significant engagement with Canada's ongoing response to the
legacy of residential schools. Building Justice is a beautifully
written biography in which the stories of one jurist serve to
explore and illustrate engaged citizenship through law.
Facsimile edition. Volume III.WITH one important exception the
three volumes here published practically represent the whole mass
of Maitland's scattered writing. A few very short notices have been
omitted, but wherever an article, however brief, contains a new
grain of historical knowledge or reveals Maitland's original
thought upon some problem of law or history, it has been included
in this collection.
We begin with a philosophical dissertation submitted by a young
Cambridge graduate to the examiners for a Trinity Fellowship and
end with the tribute to the memory of a pupil composed only a few
days before his last illness by a great master of history, by one
of the greatest scholars in the annals of English scholarship.
These papers cover a wide surface. Some are philosophical,
others biographical, but for the most part they belong to
Maitland's special sphere of legal and social history. Some pieces
are confessedly popular, such as the brilliant outline of English
legal history which concludes the second volume; others, and of
such is the bulk of the collection, are concerned with problems the
simplest terms of which are not apprehended without special
study.
This groundbreaking book provides the first comprehensive account
of the "juridiction consulaire," ""or Merchant Court, of
eighteenth-century Paris. Drawing on extensive archival research,
Amalia D. Kessler reconstructs the workings of the court and the
commercial law that it applied and uses these to shed new light on
questions about the relationship between commerce and modernity
that are of deep and abiding interest to lawyers, historians, and
social scientists alike. Kessler shows how the merchants who were
associated with the court--and not just elite thinkers and royal
reformers--played a key role in reconceptualizing commerce as the
credit-fueled private exchange necessary to sustain the social
order. Deploying this modern conception of commerce in a variety of
contexts, ranging from litigation over negotiable instruments to
corporatist battles for status and jurisdiction, these merchants
contributed (largely inadvertently and to their ultimate regret) to
the demise of corporatism as both conceptual framework and
institutional practice. In so doing, they helped bring about the
social and political revolution of 1789. Highly readable and
engaging, "A Revolution in Commerce" provides important new
insights into the rise of commercial modernity by demonstrating the
remarkable role played by the law in ideological and institutional
transformation.
In The Mississippi State Constitution, John W. Winkle III explores
constitutional meaning in Mississippi, both past and present, and
shows how, through their own interpretations, judges and other
government actors have shaped that meaning. This book illustrates
how the popular will of the moment, through constitutional reform
conventions or approved amendments, may have both intended and
unintended consequences for generations to come. Whether a
constitution is a document of power or of limitation is an ageless
and important question. The current and now antiquated 1890
version, its patchwork pattern of amendments, and numerous judicial
interpretations since, by and large leave that question unsettled.
The Mississippi State Constitution features three structural
components that are useful for lay and professional audiences
alike. First, it surveys the history and development of
Mississippi's four constitutions (1817, 1832, 1869, and 1890) by
examining the nineteenth century preference for state conventions
as agents of comprehensive constitutional reform, and the twentieth
and twenty-first century preferences for piecemeal amendments (more
than 160 proposals). Second, the book offers a detailed
section-by-section commentary on the fifteen articles of the
current constitution. It explains the meaning and traces the
origins of each provision. In the interest of a fair and thorough
analysis, this commentary relies on rulings handed down by
Mississippi appellate courts, opinions issued by the office of
state attorney general, and enabling legislation passed by state
lawmakers. Third, this volume provides a bibliographic essay on
available primary and secondary sources for those interested in
further study. The Oxford Commentaries on the State Constitutions
of the United States is an important new series that reflects a
renewed international interest in constitutional history and
provides expert insight into each of the 50 state constitutions.
Each volume in this innovative series contains a historical
overview of the state's constitutional development, a
section-by-section analysis of its current constitution, and a
comprehensive guide to further research. Under the expert
editorship of Professor G. Alan Tarr, Director of the Center on
State Constitutional Studies at Rutgers University, this series
provides essential reference tools for understanding state
constitutional law. Books in the series can be purchased
individually or as part of a complete set, giving readers unmatched
access to these important political documents.
This book chronicles the development of criminal law in America,
from the beginning of the constitutional era (1789) through the
rise of the New Deal order (1939). Elizabeth Dale discusses the
changes in criminal law during that period, tracing shifts in
policing, law, the courts and punishment. She also analyzes the
role that popular justice - lynch mobs, vigilance committees,
law-and-order societies and community shunning - played in the
development of America's criminal justice system. This book
explores the relation between changes in America's criminal justice
system and its constitutional order.
This volume provides an overview of selected major areas of legal
and institutional development in Lithuania since the Restoration of
Independence in 1990. The respective chapters discuss changes in
fields varying from the constitutional framework to criminal law
and procedure. The content highlights four major aspects of the
fundamental changes that have affected the entire legal system: the
Post-Soviet country's complex historical heritage; socio-political
and other conditions in the process of adopting new (rule of law)
standards; international legal influences on the national legal
order over the past 30 years; and finally, the search for entirely
new national legal models. Over a period of 30 years since gaining
its independence from the Soviet Union, Lithuania has undergone
unique social changes. The state restarted its independent journey
burdened by the complicated heritage of the Soviet legal system.
Some major reforms have taken place swiftly, while others have
required years of thorough analysis of societal needs and the
search for optimal examples in other states. The legal system is
now substantially different, with some elements being entirely new,
and others adapted to present needs.
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