judges and judging in the history of the common law and civil law from antiquity to modern times

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Judges And Judging In The History Of The Common Law And Civil Law

Author : Paul Brand
ISBN : 9781139505574
Genre : Law
File Size : 67. 50 MB
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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Judges And Judging In The History Of The Common Law And Civil Law

Author : Paul Brand
ISBN : 9781107018976
Genre : Law
File Size : 59. 42 MB
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Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

Ancient Law Ancient Society

Author : Dennis P. Kehoe
ISBN : 9780472130436
Genre : History
File Size : 71. 50 MB
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An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds

Political Trials In Theory And History

Author : Jens Meierhenrich
ISBN : 9781108107655
Genre : Political Science
File Size : 69. 91 MB
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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.

The Foundations Of Anglo American Corporate Fiduciary Law

Author : David Kershaw
ISBN : 9781108651134
Genre : Law
File Size : 51. 77 MB
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

Ancient Law Its Connection With The Early History Of Society And Its Relation To Modern Ideas

Author : Henry Sumner Maine
ISBN : MINN:31951D01509108J
Genre : Comparative law
File Size : 55. 20 MB
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The History Of The Common Law Of England

Author : Sir Matthew Hale
ISBN : NYPL:33433008692554
Genre : Civil law
File Size : 71. 44 MB
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A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 79. 13 MB
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Law Times And Journal Of Property

Author :
ISBN : CHI:57399403
Genre : Law
File Size : 75. 53 MB
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Laws

Author : Plato Plato
ISBN : 9781681956978
Genre : Literary Collections
File Size : 43. 81 MB
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Plato's last and longest dialogue “No man can be a true worshipper of the Gods who does not know these two principles—that the soul is the eldest of all things which are born, and is immortal and rules over all bodies” Plato's Laws is an exploration and explanation a number of basic issues in political and ethical philosophy as well as theology. This Xist Classics edition has been professionally formatted for e-readers with a linked table of contents. This eBook also contains a bonus book club leadership guide and discussion questions. We hope you’ll share this book with your friends, neighbors and colleagues and can’t wait to hear what you have to say about it. Xist Publishing is a digital-first publisher. Xist Publishing creates books for the touchscreen generation and is dedicated to helping everyone develop a lifetime love of reading, no matter what form it takes

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