Автор: Guido Rossi Название: Authorities in Early Modern Law Courts ISBN: 1474451012 ISBN-13(EAN): 9781474451017 Издательство: Bloomsbury Academic Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Focusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.
Описание: This book explores the framework in which migration control operates as policing. It empirically examines migration as policing in five Australian migration control contexts, then concludes by exploring the potential for conceptualising migration policing beyond the bounded national framework.
Автор: Antje Ellermann Название: States Against Migrants ISBN: 0521092906 ISBN-13(EAN): 9780521092906 Издательство: Cambridge Academ Рейтинг: Цена: 4277.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this comparative study, Ellermann examines the capacity of the liberal democratic state to coercively regulate individuals within its borders. Ellermann shows that the conditions underlying socially coercive state capacity systematically vary not only across institutional contexts but also across stages in the policy cycle.
Автор: Rossi Guido Название: Authorities in Early Modern Courts in Europe ISBN: 1474451004 ISBN-13(EAN): 9781474451000 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The first comparative study of the relationship between law courts and substantive law in the early modern period
A comparative study on the passage from late medieval to early modern civil law from a practical viewpoint
Assesses the influence of law courts on the development of substantive law
Brings together a range of distinguished and up and coming scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Javier Garcia Martin, Heikki Pihlajamaki and Gustavo Cesar Machado Cabral
Re-evaluates and challenges current orthodox views about early modern civil law
Bringing together some of the most distinguished scholars in the field including Alain Wijffels, Peter Oestmann, David Ibbetson, John Ford, Annamaria Monti, Heikki Pihlajamaki and Javier Garcia Martin, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law – and not on its systematisation by learned jurists – it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re?evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law.
Автор: Brundage, James A. Название: Medieval origins of the legal profession ISBN: 0226077608 ISBN-13(EAN): 9780226077604 Издательство: Wiley Рейтинг: Цена: 6336.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact.The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication.Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law.The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary’s perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O’Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court’s role in the regions.The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.
Описание: Late medieval societies witnessed the emergence of a particular form of socio-legal practice and logic, focused on the law court and its legal process. In a context of legal pluralism, courts tried to carve out their own position by influencing people’s conception of what justice was and how one was supposed to achieve it. These “scripts of justice” took shape through a range of media, including texts, speech, embodied activities and the spaces used to perform all these. Looking beyond traditional historiographical narratives of state building or the professionalization of law, this book argues that the development of law courts was grounded in changing forms of multimedial interaction between those who sought justice and those who claimed to provide it. Through a comparative study of three markedly different types of courts, it involves both local contexts and broader developments in tracing the communication strategies of these late medieval claimants to socio-legal authority.
Автор: Charles C. Jalloh Название: The Legal Legacy of the Special Court for Sierra Leone ISBN: 1107178312 ISBN-13(EAN): 9781107178311 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines how the first treaty-based international tribunal created by the UN and a member state applied the law to perpetrators of serious crimes in one of the worst civil conflicts in Africa in recent history and offered valuable contributions to the development of the nascent field of international criminal law.
Описание: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the ‘inferior courts’ upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Автор: Adams George Burton Название: Council and Courts in Anglo-Norman England (1926) ISBN: 1584774495 ISBN-13(EAN): 9781584774495 Издательство: Неизвестно Рейтинг: Цена: 6207.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The judicial system constructed by the Normans after 1066 rested on a broad foundation of Anglo-Saxon institutions. Adams traces the evolution of this construction with an emphasis on the ways Anglo-Saxon and Norman practices influenced one another. He proceeds to demonstrate how the resulting judicial hybrid contributed to the development of the English constitution. Reprint of a title from the Yale Historical Publication Studies.
While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.
In the first decades of the nineteeth century, legal reformers in the United States strove to standardize courtroom procedures and expand judges' power at the expense of jurors while simultaneously imposing uniformity upon judicial decision making. Reid's previous book, Controlling the Law, offered a case study of this process, focusing on New Hampshire Chief Justice Jeremiah Smith and Governor William Plumer. Now in Legislating the Courts, Reid returns to the careers of Smith and Plumer to continue the story of judicial authority in the early republic.
American constitutional historians and lawyers generally assume that the current doctrine of judicial supremacy not only has always been the rule of constitutional law but was the original intent of the framers of both the federal and state constitutions. This study disproves the validity of that assumption for state constitutionalism by concentrating on the law of New Hampshire—representative of the law in other jurisdictions—between the years 1789 and 1818. Legislating the Courts does not argue that judicial independence was not the desired rule among the framers of the constitutions; instead, by looking at both practice and constitutional theory, this study shows that the reality for the early republic was both judicial dependence and legislative supremacy.
To illustrate his points, Reid refers to three government practices that together with other matters altered judicial salaries—mandated by the constitution to be "permanent" and "honorable"—and that created a dependent judicial system. The first practice, "restoring litigants to their law," gave litigants who had lost a jury trial and had judgments pronounced against them the option to petition the legislature to be relieved from the judgment and to be granted a new jury trial. In the second practice the legislature acted on the premise that it had the authority to investigate the conduct of judges and require them to explain why they behaved in certain ways. Finally, in the third practice, the legislature exercised the authority to remove judges from their tenure at "good behavior" by "legislating" them out of office and then appointing a new bench.
Despite an attempt to subordinate the judiciary to the will of the citizenry, as represented by the state legislature, Reid finds that judges managed to maintain their autonomy, subject only to the dictates of the law.
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