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Reprint of the original, first published in 1889.
The works of Hubert Howe Bancroft history of Arizona and New Mexico, 1530-1880
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
The 1929 master's thesis of folklorist, Jovita Gonzalez has served as source material on the Texas-Mexican borderlands for more than seventy-five years but has never before been published. When Gonzalez decided to pursue a master's degree in history from the University of Texas, she was already the vice-president and president-elect of the Texas Folklore Society. Despite this, she wrote a defiant master's thesis that offered a competing vision of Texas history and culture to that promoted by the founding fathers of Texas folklore. Her complex analysis de-emphasizes the role of the Texas Revolution in Texas history and explores the ways in which Anglos and Mexicans developed tense ties following the U.S.-Mexico War. Her approach to Texas history elegantly counters the rhetoric of dominance of the established historians of the American West of her time. Gonzalez's thesis is now available for the first time to a wider reading public, especially those who value a Tejana legacy that presents the borderlands as a crucible in which a new kind of identity is being formed.