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In the days of the Roman Empire, the emperor was considered not only the ruler of the state, but also its supreme legal authority, fulfilling the multiple roles of supreme court, legislator, and administrator. The Emperor of Law explores how the emperor came to assume the mantle of a judge, beginning with Augustus, the first emperor, and spanning the years leading up to Caracalla and the Severan dynasty. While earlier studies have attempted to explain this change either through legislation or behavior, this volume undertakes a novel analysis of the gradual expansion and elaboration of the emperor's adjudication and jurisdiction: by analyzing the process through historical narratives, it argu...
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ a...
This book explores the question of whether the conceptualisation of New Zealand as a welcoming nation is accurate. Examining historical and contemporary narratives of migrant and refugee discrimination, it considers the economic, social, political, cultural and historical contexts from which discrimination emerges and its repercussions. Alert to race and ethnicity, gender, age, class, religion and inter-ethnic migrant conflict, this volume traverses an array of discriminatory practices – including xenophobia, racism and sectarianism – and responses to them. With rich evidence, fascinating new insights and engagement comparatively and transnationally with global themes of exploitation, exclusion and inequalities, Narratives of Migrant and Refuge Discrimination in New Zealand will appeal to scholars across the humanities and social sciences with interests in migration and diaspora studies, race and ethnicity and refugee studies.
Draws from a wealth of primary sources to outline how classical Roman property law was reinvented by liberal nineteenth-century jurists.
How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkila analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker. With the help of previously unavailable sources such as private correspondence, the author reveals how Franz Wieacker's personal experiences intertwined in his legal historiography with the tradition of legal science as well as the social and political destinies of twentieth century Germany.
Based on interviews with women who were professionals in different fields in Nigeria prior to migrating, The Migration of Professional Women from Nigeria to the UK examines the ways in which professional, middle-class women make sense of their lived experiences, their roles in migration decision-making and their experiences of adaptation in the UK. Drawing on the thought of Mead on the symbolic reconstruction of the past from the standpoint of the present, and employing a feminist approach to qualitative research, the book considers the reflexive construction of women’s narratives concerning their lived experiences in Nigeria and sheds light on their decisions to migrate. Using intersectio...
Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
This volume explores the transformation of public space and administrative activities in republican and imperial Rome through an interdisciplinary examination of the topography of power. Throughout the Roman world building projects created spaces for different civic purposes, such as hosting assemblies, holding senate meetings, the administration of justice, housing the public treasury, and the management of the city through different magistracies, offices, and even archives. These administrative spaces – both open and closed – characterised Roman life throughout the Republic and High Empire until the administrative and judicial transformations of the fourth century CE. This volume explo...
Building on research within the fields of exile studies and critical migration studies and drawing links between historical and contemporary ‘refugee scholarship’, this volume challenges the bias of methodological nationalism and Eurocentrism in discussing the multifaceted forms of knowledge emerging in the context of migration and mobility. With critical attention to the meaning, production and scope of ‘refugee scholarship’ generated at the institutions of higher education, it also focuses on ‘refugee knowledge’ produced outside academia, and scrutinizes the conditions according to which it is validated or silenced. Presenting studies of historical refuge and exile, together with the experiences of contemporary refugee scholars, this book will appeal to scholars across the social sciences with interests in forced migration, refugee studies, the sociology of knowledge and the phenomenon of ‘insider’ knowledge, and research methods and methodology. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.