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This book addresses current practices in customary law. It includes
contributions by scholars from various legal systems (the USA,
France, Israel, Canada etc.), who examine the current impacts of
customary law on various aspects of private law, constitutional
law, business law, international law and criminal law. In addition,
the book expands the traditional concept of the rule of law, and
argues that lawyers should not narrowly focus on statutory law, but
should instead pay more attention to the impact of practices on
"real legal life." It states that the observation of practices
calls for a stronger focus on usage, customs and traditions in our
legal systems - the idea being not to replace statutory law, but to
complement it with customary observations.
This book addresses current practices in customary law. It includes
contributions by scholars from various legal systems (the USA,
France, Israel, Canada etc.), who examine the current impacts of
customary law on various aspects of private law, constitutional
law, business law, international law and criminal law. In addition,
the book expands the traditional concept of the rule of law, and
argues that lawyers should not narrowly focus on statutory law, but
should instead pay more attention to the impact of practices on
"real legal life." It states that the observation of practices
calls for a stronger focus on usage, customs and traditions in our
legal systems - the idea being not to replace statutory law, but to
complement it with customary observations.
How should we talk about "the law" in a period so remote from our
own and covering such a huge span of time and space? From the Code
of Hammurabi (ca. 1750 BCE) to Justinian's Corpus Iuris Civilis
(529-534 CE), A Cultural History of Law in Antiquity draws upon
legal texts and non-textual forms (such as vase-painting,
sculpture, and architecture) to uncover the diverse and rich legal
traditions of societies ranging from the Ancient Near Eastern
cities of Assyria and Babylon in Mesopotamia to the Ancient
Israelites, and from Ancient Greece to Rome of the Archaic and
Classical Periods. With a wealth of textual and visual sources, A
Cultural History of Law in Antiquity 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.
The Age of Reform - the hundred years from 1820 to 1920 - has
become synonymous with innovation and change but this period was
also in many ways a deeply conservative and cautious one. With
reform came reaction and revolution and this was as true of the law
as it was of literature, art and technology. The age of Great
Exhibitions and Great Reform Acts was also the age of newly
systemized police forces, courts and prisons. A Cultural History of
Law in the Age of Reform presents an overview of the period with a
focus on human stories located in the crush between legal formality
and social reform: the newly uniformed police, criminal mugshots,
judge and jury, the shame of child labor, and the need for
neighborliness in the crowded urban and increasingly industrial
landscapes of Europe and the United States. Drawing upon a wealth
of visual and textual sources, A Cultural History of Law in the Age
of Reform 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.
The period since the First World War has been a century
distinguished by the loss of any unitary foundation for truth,
ethics, and the legitimate authority of law. With the emergence of
radical pluralism, law has become the site of extraordinary
creativity and, on occasion, a source of rights for those
historically excluded from its protection. A Cultural History of
Law in the Modern Age tells stories of human struggles in the face
of state authority - including Aboriginal land claims, popular
resistance to corporate power, and the inter-generational
ramifications of genocidal state violence. The essays address how,
and with what effects, different expressive modes (ceremonial
dance, live street theater, the acoustics of radio, the affective
range of film, to name a few) help to construct, memorialize, and
disseminate political and legal meaning. Drawing upon a wealth of
visual, textual and sound sources, A Cultural History of Law in the
Modern Age 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.
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.
In 500, the legal order in Europe was structured around ancient
customs, social practices and feudal values. By 1500, the effects
of demographic change, new methods of farming and economic
expansion had transformed the social and political landscape and
had wrought radical change upon legal practices and systems
throughout Western Europe. A Cultural History of Law in the Middle
Ages explores this change and the rich and varied encounters
between Christianity and Roman legal thought which shaped the
period. Evolving from a combination of religious norms, local
customs, secular legislations, and Roman jurisprudence, medieval
law came to define an order that promoted new forms of individual
and social representation, fostered the political renewal that
heralded the transition from feudalism to the Early Modern state
and contributed to the diffusion of a common legal language.
Drawing upon a wealth of textual and visual sources, A Cultural
History of Law in the Middle Ages 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.
Opened up by the revival of Classical thought but riven by the
violence of the Reformation and Counter Reformation, the terrain of
Early Modern law was constantly shifting. The age of expansion saw
unparalleled degrees of internal and external exploration and
colonization, accompanied by the advance of science and the growing
power of knowledge. A Cultural History of Law in the Early Modern
Age, covering the period from 1500 to 1680, explores the war of
jurisdictions and the slow and contested emergence of national
legal traditions in continental Europe and in Britannia. Most
particularly, the chapters examine the European quality of the
Western legal traditions and seek to link the political project of
Anglican common law, the mos britannicus, to its classical European
language and context. Drawing upon a wealth of textual and visual
sources, A Cultural History of Law in the Early Modern Age 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.
In 500, the legal order in Europe was structured around ancient
customs, social practices and feudal values. By 1500, the effects
of demographic change, new methods of farming and economic
expansion had transformed the social and political landscape and
had wrought radical change upon legal practices and systems
throughout Western Europe. A Cultural History of Law in the Middle
Ages explores this change and the rich and varied encounters
between Christianity and Roman legal thought which shaped the
period. Evolving from a combination of religious norms, local
customs, secular legislations, and Roman jurisprudence, medieval
law came to define an order that promoted new forms of individual
and social representation, fostered the political renewal that
heralded the transition from feudalism to the Early Modern state
and contributed to the diffusion of a common legal language.
Drawing upon a wealth of textual and visual sources, A Cultural
History of Law in the Middle Ages 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.
Selections from the Roman Law writings of David Daube, foremost
humanist of the law. Like Montaigne, Daube possessed the capacity
to be "a contemporary for all times." No matter what period of
history Daube inquired into he had an uncanny instinct for
uncovering unexpected insights that root us in that time and have
universal application.
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