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Blurry Boundaries of Public and Private International Law
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationsh...
The Transmission of Culture in Early Modern Europe
The Transmission of Culture in Early Modern Europe focuses on the ways in which culture is moved from one generation or group to another, not by exact replication but by accretion or revision. The contributors to the volume each consider how the passing of historical information is an organic process that allows for the transformation of previously accepted truth. The volume covers a broad and fascinating scope of subjects presented by leading scholars. Anthony Grafton's contribution on the fifteenth-century forger Annius of Viterbo emphasizes the role of imagination in the classical revival; Lisa Jardine demonstrates the way in which Erasmus helped turn a technical and rebarbative book by Rudolph Agricola into a sixteenth-century success story; Alan Charles Kors finds the roots of Enlightenment atheism in the works of French Catholic theologians; Donald R. Kelley follows the legal idea of "custom" from its formulation by the ancients to its assimilation into the modern social sciences; and Lawrence Stone shows how changes in legal action against female adultery between 1670 and 1857 reflect basic shifts in English moral values.
The Writing of History and the Study of Law
This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author’s interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.
Preclassical Conflict of Laws
Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.
Efficiency in Private International Law
Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.
A History of American Law: Third Edition
In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
