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Global Legal History
This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.
A Research Agenda for Comparative Law
This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline.
The Myth of the Andalusian Paradise
A finalist for World Magazine's Book of the Year! Scholars, journalists, and even politicians uphold Muslim-ruled medieval Spain—"al-Andalus"—as a multicultural paradise, a place where Muslims, Christians, and Jews lived in harmony. There is only one problem with this widely accepted account: it is a myth. In this groundbreaking book, Northwestern University scholar Darío Fernández-Morera tells the full story of Islamic Spain. The Myth of the Andalusian Paradise shines light on hidden history by drawing on an abundance of primary sources that scholars have ignored, as well as archaeological evidence only recently unearthed. This supposed beacon of peaceful coexistence began, of course,...
Investigación jurídica y sociojurídica en Colombia
CONTENIDO: Las clínicas jurídicas de interés público en Colombia y Latinoamérica - Control de constitucionalidad - Representaciones e imaginarios jurídicos y políticos - La razonabilidad y conveniencia de la facultad oficiosa del juez en el marco de un estado social de derecho - Los derechos del paciente en caso de urgencia manifiesta.
Las Cualidades que debe poseer un ciudadano, de acuerdo a la conceptualizaci—n Ontol—gica del Ser Humano y la Filosof’a del Derecho
El presente trabajo, es un tema que se ubica, dentro de uno mayor llamado Inteligencias múltiples. Mi propuesta es desarrollar siete inteligencias prioritarias, acordes con el ideal constitucional (...desarrollar armónicamente, todas las facultades del ser humano. Art. 3). Al desarrollar estas siete capacidades (meta-normas), desarrollaríamos una cultura jurídica tal, que estimularía una conducta acorde con la legalidad y esto evitaría un sinnúmero de acciones, fuera del orden.
The Threads of Natural Law
The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume disc...
Law, Reason and Emotion
Volume III: Working Groups
A Companion to Latin American Legal History
This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those ne...
Modern Arab Kingship
How the “recycling” of the Ottoman Empire’s uses of genealogy and religion created new political orders in the Middle East In this groundbreaking book, Adam Mestyan argues that post-Ottoman Arab political orders were not, as many historians believe, products of European colonialism but of the process of “recycling empire.” Mestyan shows that in the post–World War I Middle East, Allied Powers officials and ex-Ottoman patricians collaborated to remake imperial institutions, recycling earlier Ottoman uses of genealogy and religion in the creation of new polities, with the exception of colonized Palestine. These polities, he contends, should be understood not in terms of colonies and...
The Colombian Constitutional Court in Comparative Perspective
This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.
