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Earl Warren and the Warren Court
Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role--and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.
Religion in the 21st Century
In spite of the debate about secularization or de-secularization, the existential-bodily need for religion is basically the same as always. What have been changed are the horizons within which religions are interpreted and the relationships within which religions are integrated. This book explores how religions continue to challenge secular democracy and science, and how religions are themselves being challenged by secular values and practices. All traditions - whether religious or secular - experience a struggle over authority, and this struggle seems to intensify with globalization, as it has brought people around the world in closer contact with each other. In this book internationally leading scholars from sociology, law, political science, religious studies, theology and the religion and science debate, take stock of the current interdisciplinary research on religion and open new perspectives at the cutting edge of the debate on religion in the 21st century.
The Limits of the Legal Complex
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which ...
Indigenous Rights in Scandinavia
This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights...
Reformation, Religious Culture and Print in Early Modern Europe
This collection of essays, commissioned in honour of Andrew Pettegree, presents original contributions on the Reformation, communication and the book in early modern Europe. Together, the essays reflect on Pettegree’s ground-breaking influence on these fields, and offer a comprehensive survey of the state of current scholarship.
The Development and Making of Legal Doctrine
The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
Natural Law and the Origin of Political Economy
Samuel Pufendorf’s work on natural law and political economy was extensive and has been cited by several important figures in the history of economic thought. Yet his name is rarely mentioned in textbooks on the history of economic thought, the history of political science or the history of philosophy. In this unprecedented study, Arild Sæther sheds new light both on Pufendorf’s own life and work, as well as his influence on his contemporaries and on later scholars. This book explores Pufendorf ’s doctrines of political economy and his work on natural law, which was translated into several major European languages. Natural Law and the Origin of Political Economy considers the influence he had on the writings on political economy of John Locke, Charles Montesquieu, Jean-Jacques Rousseau, Francis Hutcheson and Adam Smith, amongst others. If Smith can be called the father of modern economics, this book claims that Pufendorf can be called the grandfather. This volume is of great importance to those who study Pufendorf ’s extensive works, as well as those interested in history of economic thought, political economy and political philosophy.
Religion in Public Spaces
This timely volume discusses the much debated and controversial subject of the presence of religion in the public sphere. The book is divided in three sections. In the first the public/private distinction is studied mainly from a theoretical point of view, through the contributions of lawyers, philosophers and sociologists. In the following sections their proposals are tested through the analysis of two case studies, religious dress codes and places of worship. These sections include discussions on some of the most controversial recent cases from around Europe with contributions from some of the leading experts in the area of law and religion. Covering a range of very different European coun...
Custom, Law, and Monarchy
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Suicide, Law, and Community in Early Modern Sweden
This book explores the judicial treatment of suicides in early modern Sweden, with a focus on the criminal investigation and selective treatment of suicides in the lower courts in the seventeenth and early eighteenth centuries. Riikka Miettinen shows that reactions and attitudes towards suicides varied considerably despite harsh condemnation by officials. The indictment, investigation, and classification of suspected suicides and the mental state of a person already deceased were challenging, and depended on local co-operation and lay testimonies. Not all suicides were considered alike; a widespread view on the heinousness of suicide was not the same as agreement about specific cases, and did not result in uniform handling of them. The social status and local ties of the deceased influenced the interpretations and responses at the local lower courts and communities. Esteemed local community members had a better defence and greater chance to escape the shameful penalties.
