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Jurist in Context
A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
Law in History
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Stopping Rape
This book offers a comprehensive guide to the international policies developed to stop rape, together with case studies on their effectiveness in practice. Engaging with the legal and criminal justice systems, health services, specialized services for victim-survivors, educational and cultural outreach, and more, it brings together both theory and real-world evidence to build a thorough picture of worldwide efforts to fight rape in all its contexts.
A Historical Introduction to English Law
Designed for those studying law for the first time, this book explores where the English common law came from.
Law, Land, and Family
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.
Lawyers and Vampires
Analyses aspects of the cultural history of the legal profession in England, Canada, Australia, France, Germany, Italy, Sweden, Switzerland, Norway and Finland. It examines ways in which lawyers were imaginatively and institutionally constructed, and their larger cultural significance.
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.
Industrializing English Law
This 2000 book addresses the discrepancy between the developing economy of England and the stagnant legal framework of business organization between 1720 and 1844.
Making the Market
Corporate capitalism was invented in nineteenth-century Britain; most of the market institutions that we take for granted today - limited companies, shares, stock markets, accountants, financial newspapers - were Victorian creations. So were the moral codes, the behavioural assumptions, the rules of thumb and the unspoken agreements that made this market structure work. This innovative study provides the first integrated analysis of the origin of these formative capitalist institutions, and reveals why they were conceived and how they were constructed. It explores the moral, economic and legal assumptions that supported this formal institutional structure, and which continue to shape the corporate economy of today. Tracing the institutional growth of the corporate economy in Victorian Britain and demonstrating that many of the perceived problems of modern capitalism - financial fraud, reckless speculation, excessive remuneration - have clear historical precedents, this is a major contribution to the economic history of modern Britain.
Legality, Ideology, and the State
Karls Renner on socialist legality; Pashukanis and the comodity form theory; Legality and political legitimacy in the sociology of Max Weber; Gramsci, the state and the place of law; Law, legitimation and the advanced capitalist state: the jurisprudence and social theory of Jurgen Habermas; Law, plurality and underdevelopment; State, civil society and total institution: a critique of recent social histories of punishment; Law, economy and the state in England, 1750-1914: some major issues; Anarchism, marxism and the critique law.
