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War and Peace
  • Language: en
  • Pages: 592

War and Peace

  • Categories: Law
  • Type: Book
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  • Published: 2020-05-18
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  • Publisher: BRILL

This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.

Understanding the Sources of Early Modern and Modern Commercial Law
  • Language: en
  • Pages: 417

Understanding the Sources of Early Modern and Modern Commercial Law

  • Categories: Law
  • Type: Book
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  • Published: 2018-03-15
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  • Publisher: BRILL

The contributions of Understanding the Sources of Early Modern and Modern Commercial Law show an excellent assemblage of sources which historians of commercial law use. Besides normative sources, others are often needed to complement them.

European Traditions in Civil Procedure
  • Language: en
  • Pages: 362

European Traditions in Civil Procedure

European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil p...

The Great Council of Malines in the 18th century
  • Language: en
  • Pages: 360

The Great Council of Malines in the 18th century

  • Categories: Law
  • Type: Book
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  • Published: 2014-10-15
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  • Publisher: Springer

This work studies the Great Council of Malines as an institution. It analyzes the Council’s internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns’ striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation.

The Formation and Transmission of Western Legal Culture
  • Language: en
  • Pages: 571

The Formation and Transmission of Western Legal Culture

  • Categories: Law
  • Type: Book
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  • Published: 2016-12-01
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  • Publisher: Springer

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their p...

Reason and Fairness
  • Language: en
  • Pages: 676

Reason and Fairness

  • Categories: Law
  • Type: Book
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  • Published: 2019-07-08
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  • Publisher: BRILL

Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.

Historians as Expert Judicial Witnesses in Tobacco Litigation
  • Language: en
  • Pages: 453

Historians as Expert Judicial Witnesses in Tobacco Litigation

  • Categories: Law
  • Type: Book
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  • Published: 2015-04-23
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  • Publisher: Springer

Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divid...

Conflict Management in the Mediterranean and the Atlantic, 1000-1800
  • Language: en
  • Pages: 376

Conflict Management in the Mediterranean and the Atlantic, 1000-1800

  • Categories: Law
  • Type: Book
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  • Published: 2020-09-25
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  • Publisher: BRILL

Conflict Management in the Mediterranean and the Atlantic, 1000-1800 offers a comparative long-term perspective on the complexity of various approaches to conflict management by those involved in long-distance trade across political and jurisdictional boundaries.

Legal Literacy in Premodern European Societies
  • Language: en
  • Pages: 270

Legal Literacy in Premodern European Societies

  • Categories: Law
  • Type: Book
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  • Published: 2018-10-10
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  • Publisher: Springer

​This book analyses the legal literacy, knowledge and skills of people in premodern and modernizing Europe. It examines how laymen belonging both to the common people and the elite acquired legal knowledge and skills, how they used these in advocacy and legal writing and how legal literacy became an avenue for social mobility. Taking a comparative approach, contributors consider the historical contexts of England, Finland, France, Germany, Italy and Sweden. This book is divided into two main parts. The first part discusses various groups of legal literates (scriveners, court of appeal judges and advocates) and their different paths to legal literacy from the Middle Ages to the nineteenth century. The second part analyses the rise of the ownership and production of legal literature – especially legal books meant for laymen – as means for acquiring a degree of legal literacy from the eighteenth to the early twentieth century.

The Individual in International Law
  • Language: en
  • Pages: 449

The Individual in International Law

  • Categories: Law

Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historic...