Award winning author Gregory S. Kealey's study of Canada's security and intelligence community before the end of World War II depicts a nation caught up in the Red Scare in the aftermath of the Bolshevik Revolution and tangled up with the imperial interests of first the United Kingdom and then the United States. Spying on Canadians brings together over twenty five years of research and writing about political policing in Canada. Through itse use of the Dominion Police and later the RCMP, Canada repressed the labour movement and the political left in defense of capital. The collection focuses on three themes; the nineteenth-century roots of political policing in Canada, the development of a national security system in the twentieth-century, and the ongoing challenges associated with research in this area owing to state secrecy and the inadequacies of access to information legislation. This timely collection alerts all Canadians to the need for the vigilant defence of civil liberties and human rights in the face of the ever increasing intrusion of the state into our private lives in the name of countersubversion and counterterrorism.

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Prepared to coincide with the 250th anniversary of the establishment of Nova Scotia's Supreme Court, this important new volume provides a comprehensive history of the institution, Canada's oldest common law court. The thirteen essays include an account of the first meeting in 1754 of the court in Michaelmas Term, surveys of jurisprudence (the court's early federalism cases; its use of American law; attitudes to the administrative state), and chapters on the courts of Westminster Hall, on which the Supreme Court was modelled, and the various courthouses it has occupied. Anchoring the volume are two longer chapters, one on the pre-confederation period and one on the modern period.

Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history. They take the reader through the establishment of the one-judge court to the present day ? a unique contribution to our understanding of superior courts.

The volume contains the contributions to the Gieen-Warwick-Lodz-Colloquium 2002 honouring the 65th birthday of Professor Dr. Gunter Weick. Scholars from the United Kingdom, Germany, Poland and Russia deal with contemporary and historical aspects of international and comparative law, covering the fields of civil law, labour law, criminal procedure and constitutional law.

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.

The Theodosian Code, put together under the Eastern Roman Emperor Theodosius II, is a compliation of the laws dating from 312 to 438 AD, when the code was published. It brought order to a vast unmanageable body of law and formed part of the basis for the sixth-century Institutes of Justinian, fundamental to later jurisprudence. This book is an important collection of articles, well established as an essential resource for students of Roman law, long unavailable and here published in paperback for the first time with a new preface and updated bibliography. Contributors: Simon Corcoran; Brian Croke; Judith Evans Grubbs; Jill Harries; Tony Honore; David Hunt; John Matthews; Boudewijn Sirks; Mark Vessey; Dafydd Walters; Ian Wood.

This casebook presents representative texts from Roman legal sources that introduce the basic problems arising in Roman families, including marriage and divorce, the pattern of authority within households, the transmission of property between generations, and the supervision of orphans.

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, 'the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society'. Widely respected for his 'fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law' ("The Encyclopedia of Historians and Historical Writing"), Watson considers the development of law in global terms and across the centuries.His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. Author note: Alan Watson is Ernest P. Rogers Professor of Law and Distinguished Research Professor at the University of Georgia School of Law; he is the author or editor of some forty books, including "The Evolution of Western Private Law" and "Legal Transplants" (now in its second edition). Two collection of essays honoring Professor Watson's work have recently been published.

This is the first comprehensive account of women's legal and social positions in the west from classical antiquity right through to the early middle ages. The main focus of the book is on the late antique period, with constant reference to classical Roman law and the lives of women in the early empire.

Gaius was a Roman jurist of the 2nd century AD. His Institutes is an important legal textbook covering all the elements of Roman law. This volume contains a useful Introduction, English translation and the Latin text of Seckel and Kuebler. Its aim is to make the Institutes, one of the seminal works of Roman law, accessible to students with little or no Latin.

Goethe is said to have likened the Roman civil law to a duck: sometimes it is visible, swimming prominently on the surface of the water, at other times it is hidden, diving amid the depths. but it is always there. This may be said to be true not only in continental Europe and Scotland, where Roman law has been a dominant influence, but also in England and the U.S.A., where Roman law has often informed and supplemented Common law. None of the great writers on Common law, with the exception perhaps of Coke, failed to take Roman law in to consideration, especially on the matters of legal theory. Indeed the differences between the two systems can easily be exaggerated. Ne one is better qualified to write on these matters than Peter Stein; this collection of his articles covers both the nature and the tradition of Roman law and ranges from classical to modern times. The Character and Influence of the Roman Civil Law includes discussions of the ethos and principles of Roman law and of their transmission and transformation in medieval and modern times. Attention is drawn to the working of Roman law in San Marinom which retains the uncodified ius commune.Civil lawyers in England whose work is examined include Vacarius, Thomas Smith and Thomas Legge. Roman law in Scotland is looked at in depth, with special consideration for the natural law tradtition there. A piece on the origin of the four stage theory of social development, which grew out of that tradition and was adopted by Adam Smith, appears for the first time. Finally Professor Stein shows the attraction of Roman law to lawyers in the U.S.A. when they were trying to establish their own legal system following Independence.

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

In 1803 in the colonial South American city of La Plata, Dona Martina Vilvado y Balverde presented herself to church and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a "woman in disguise." Forced to submit to a medical inspection that revealed a woman's body, Don Antonio confessed to having been Maria Yta, but continued to assert his maleness and claimed to have a functional "member" that appeared, he said, when necessary. Passing to America is at once a historical biography and an in-depth examination of the sex/gender complex in an era before "gender" had been divorced from "sex." The book presents readers with the original court docket, including Don Antonio's extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybanez of her "son Maria," both in English translation and the original Spanish. Thomas A. Abercrombie's analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/Maria and contemporaries can teach us about the complexities of the relationship between sex and gender today. Passing to America brings to light a previously obscure case of gender transgression and puts Don Antonio's life into its social and historical context in order to explore the meaning of "trans" identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history. This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)-a collaboration of the Association of American Universities, the Association of University Presses and the Association of Research Libraries-and the generous support of New York University. Learn more at the TOME website: openmonographs.org.

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.

This casebook presents representative texts from Roman legal sources that introduce the basic problems arising in Roman families, including marriage and divorce, the pattern of authority within households, the transmission of property between generations, and the supervision of orphans.

Rome acquired her great empire under republican institutions. These institutions were held to be remarkably stable because they were a mixture of monarchy, oligarchy, and democracy, created by natural evolution not by a lawgiver. The Republic was also a classic example of a largely unwritten constitution, like that of Britain, and so it has bearing on modern political theory.

Ius commune is the amalgamation of Roman and canon laws on the continent. Helmholz addresses the ius commune's relation to and influence on English law. He begins by observing that there were many overlapping areas between English institutions. Through four studies (the law of sanctuary, the law of compurgation, mortuaries and the law of custom, and civil jurisdiction and the clergy), he draws out the coincidences between English law and the ius commune and shows where they developed parallel bodies of doctrine. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.

The feudal system has come to be seen as one of the most characteristic features of the Western Middle Ages, yet the study of feudal law has not always received the same attention as that given to its institutions. This law, it is true, was a subject of secondary importance in the medieval universities, but there does remain a corpus of writing sufficiently large to permit the investigation of how it related to medieval practice. In these articles, now provided with extensive additional notes, Gerard Giordanengo has undertaken such an investigation, with particular reference to Southern France in the 12th-14th centuries. He shows how, in Provence, legal doctrine did exert a clear influence on feudal practice, and that it was the jurists attached to princely or ecclesiastic entourages who were the key to its dissemination. In the Dauphine, on the other hand, theory had a more limited impact, and feudal ties became not a mark of subjection, but a means of recognising legal and social status. At the governmental level, finally, he argues that it was not any feudal theory, nor even any feudal structures, but rather the absolutist doctrines of Roman law and the Old Testament that shaped the political ideology - and practice, if possible - of the medieval king. Le systeme feodal est considere comme etant l'une des caracteristiques fondamentales du Moyen Age occidental; cependant, l'etude du droit feodal savant n'a pas toujours fait l'objet de la mAme attention que celle portee A ses institutions et coutumes. Ce droit, il est vrai, etait un sujet d'importance secondaire au sein des universites medievales, mais il reste neanmoins, un ensemble d'ecrits suffisamment important pour qu'il soit possible d'examiner son influence sur la pratique medievale. Au cours de ces articles, des A present pourvus de notes supplementaires, Gerard Giordanengo a entrepris une telle analyse, se referant plus particulierement au Sud de l