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Innovation and Transition in Law: Experiences and Theoretical Settings
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
The Lawyer of the Church
Mexico’s Reforma, the mid-nineteenth-century liberal revolution, decisively shaped the country by disestablishing the Catholic Church, secularizing public affairs, and laying the foundations of a truly national economy and culture. The Lawyer of the Church is an examination of the Mexican clergy’s response to the Reforma through a study of the life and works of Bishop Clemente de Jesús Munguía (1810–68), one of the most influential yet least-known figures of the period. By analyzing how Munguía responded to changing political and intellectual scenarios in defense of the clergy’s legal prerogatives and social role, Pablo Mijangos y González argues that the Catholic Church opposed ...
A History of European Law
This book explores the development of law in Europe from its medieval origins to the present day, charting the transformation from law rooted in the Church and local community towards a recognition of the centralised, secular authority of the state. Shows how these changes reflect the wider political, economic, and cultural developments within European history Demonstrates the diversity of traditions between European states and the possibilities and limitations in the search for common European values and goals
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.
The Western Codification of Criminal Law
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
A Companion to Latin American Legal History
This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those ne...
Neo-Thomism in Action
In his encyclical Aeterni Patris (1879), Pope Leo XIII expressed the conviction that the renewed study of the philosophical legacy of Saint Thomas Aquinas would help Catholics to engage in a dialogue with secular modernity while maintaining respect for Church doctrine and tradition. As a result, the neo-scholastic framework dominated Catholic intellectual production for nearly a century thereafter. This volume assesses the societal impact of the Thomist revival movement, with particular attention to the juridical dimension of this epistemic community. Contributions from different disciplinary backgrounds offer a multifaceted and in-depth analysis of many different networks and protagonists o...
Nature, Enlightenment, and University Reforms in the Iberian Peninsula: A Comparative Analysis of the Universities of Salamanca and Coimbra (1766-1820)
The university reforms that took place in Europe throughout the 18th century were an important moment of change in the history of these institutions. In the Iberian Peninsula, this wave of reforms left its mark in Coimbra and Salamanca (later reaching the other Spanish universities). Portugal and Spain were no strangers to the motivations and even to the general lines of this wave of reforms. Inseparable from the ideas of the Enlightenment, and with a clear will to combat the backwardness and decadence of these institutions, rather ambitious projects emerged, albeit in different degrees. Coimbra faced a rather disruptive initial situation while in Salamanca later plans (1807, for example) pr...
La lucha por el derecho.
La lucha por el derecho es, probablemente, la pieza de literatura jurídica más célebre y difundida de la historia. Traducida a más de quince idiomas incluidas lenguas como el chino o el japonés, aún hoy sigue fascinando a cuantos la leen, y continúa estimulando la reflexión teórica, tanto en el campo de la filosofía jurídica y política como en el de la ética o la sociología del derecho.Esta es la primera edición crítica que se hace de la obra en el ámbito hispanohablante. Actualiza el léxico, la ortografía y la sintaxis de la traducción clásica de Adolfo Posada y la corrige allí donde se distanciaba en exceso de la edición alemana, puesto que siguió como modelo la primera traducción francesa. Además, se han añadido notas con aclaraciones lingüísticas e histórico-filosóficas.La edición incorpora un prefacio de Jhering hasta ahora inédito en español y una breve semblanza de Jhering escrita por Kelsen, también inédita entre nosotros. A ello se suma un estudio preliminar a cargo del editor, Luis Lloredo Alix.
