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Innovation and Transition in Law: Experiences and Theoretical Settings
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
The Rule of Law History, Theory and Criticism
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
The Familiarity of Strangers
Taking a new approach to the study of cross-cultural trade, this book blends archival research with historical narrative and economic analysis to understand how the Sephardic Jews of Livorno, Tuscany, traded in regions near and far in the seventeenth and eighteenth centuries. Francesca Trivellato tests assumptions about ethnic and religious trading diasporas and networks of exchange and trust. Her extensive research in international archives--including a vast cache of merchants' letters written between 1704 and 1746--reveals a more nuanced view of the business relations between Jews and non-Jews across the Mediterranean, Atlantic Europe, and the Indian Ocean than ever before. The book argues that cross-cultural trade was predicated on and generated familiarity among strangers, but could coexist easily with religious prejudice. It analyzes instances in which business cooperation among coreligionists and between strangers relied on language, customary norms, and social networks more than the progressive rise of state and legal institutions.
The Sea in the Literary Imagination
This collection explores nautical themes in a variety of literary contexts from multiple cultures. Including contributors from five continents, it emphasizes the universality of human experience with the sea, while focusing on literature that spans a millennium, stretching from medieval romance to the twenty-first-century reimagining of classic literary texts in film. These fresh essays engage in discussions of literature from the UK, the USA, India, Chile, Turkey, Spain, Japan, Colombia, and the Caribbean. Scholars of maritime literature will find the collection interesting for the unique insights it offers on individual literary texts, while general readers will be intrigued by the interconnectedness that it reveals in human experience with the sea.
The Civilian Legacy of the Roman Army
The Roman army represented an important social and organizational reference model for the Romano-Barbarian societies, which progressively replaced the Western Empire in the transition from Late Antiquity to Early Middle Ages. The great flexibility of the decision-making and organizational solutions used by the Roman army allowed the ‘new lords’ to readapt them and thus maintain power in early medieval Europe for a long time. From a perspective ranging from political, social and economic history to law, anthropology, and linguistic, this book demonstrates how interesting and fruitful the investigation of this specific cultural imprint can be in order to gain a better understanding of the origins of the civilization that arouse after the fall of the Roman world. Contributors are Francesco Borri, Fabio Botta, Francesco Castagnino, Stefan Esders, Carla Falluomin, Stefano Gasparri, Wolfgang Haubrichs, Soazick Kerneis, Luca Loschiavo, Valerio Marotta, Esperanza Osaba, Walter Pohl, Jean-Pierre Poly, Pierfrancesco Porena, Iolanda Ruggiero, Andrea Trisciuoglio, Andrea A. Verardi, and Ian Wood.
Shifting Landmarks
In a major contribution to the debate among medievalists about the nature of social and political change in Europe around the turn of the millennium, Jeffrey A. Bowman explores how people contended over property during the tenth and eleventh centuries in the province of Narbonne. He examines the system of courts and judges that weighed property disputes and shows how disputants and judges gradually adapted, modified, and reshaped legal traditions. The region (which comprised Catalonia and parts of Mediterranean France) possessed a distinctive legal culture, characterized by the prominent role of professional judges, a high level of procedural sophistication, and an intense attachment to writ...
The Poulterers’ Case (1611)
Every student of criminal law knows for a fact that the Poulterers' Case (1611) launched modern criminal conspiracy. This decision laid the first stone of the principle that an agreement to commit a crime is also a crime. However, besides what the law reports say, little is known about the facts of the case. This edition of the testimonies collected by the Star Chamber intends to fill this gap. Additionally, an introductory study will discuss how these facts shed new light on the reasons that were mustered in support of the decision. It will also argue that modern conspiracy was not a creation of the courts but rather of the nineteenth-century scholars who turned the Poulterers' Case into a ...
Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
The Moral Economy
The Moral Economy examines the nexus of poverty, credit, and trust in early modern Europe. It starts with an examination of poverty, the need for credit, and the lending practices of different social groups. It then reconstructs the battles between the Churches and the State around the ban on usury, and analyzes the institutions created to eradicate usury and the informal petty financial economy that developed as a result. Laurence Fontaine unpacks the values that structured these lending practices, namely, the two competing cultures of credit that coexisted, fought, and sometimes merged: the vibrant aristocratic culture and the capitalistic merchant culture. More broadly, Fontaine shows how economic trust between individuals was constructed in the early modern world. By creating a dialogue between past and present, and contrasting their definitions of poverty, the role of the market, and the mechanisms of microcredit, Fontaine draws attention to the necessity of recognizing the different values that coexist in diverse political economies.
