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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.
Corruption and Justice in Colonial Mexico, 1650–1755
Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
A Tale of Two Granadas
In 1570's New Kingdom of Granada (modern Colombia), a new generation of mestizo (half-Spanish, half-indigenous) men sought positions of increasing power in the colony's two largest cities. In response, Spanish nativist factions zealously attacked them as unequal and unqualified, unleashing an intense political battle that lasted almost two decades. At stake was whether membership in the small colonial community and thus access to its most lucrative professions should depend on limpieza de sangre (blood purity) or values-based integration (Christian citizenship). A Tale of Two Granadas examines the vast, trans-Atlantic transformation of political ideas about subjecthood that ultimately allowed some colonial mestizos and indios ladinos (acculturated natives) to establish urban citizenship alongside Spaniards in colonial Santafé de Bogotá and Tunja. In a spirit of comparison, it illustrates how some of the descendants of Spain's last Muslims appealed to the same new conceptions of citizenship to avoid disenfranchisement in the face of growing prejudice.
Remoteness Reconsidered
When the margin IS the center, perspectives shift
The Poulterers’ Case (1611)
Every student of criminal law knows for a fact that the Poulterers' Case (1611) launched modern criminal conspiracy. This decision laid the first stone of the principle that an agreement to commit a crime is also a crime. However, besides what the law reports say, little is known about the facts of the case. This edition of the testimonies collected by the Star Chamber intends to fill this gap. Additionally, an introductory study will discuss how these facts shed new light on the reasons that were mustered in support of the decision. It will also argue that modern conspiracy was not a creation of the courts but rather of the nineteenth-century scholars who turned the Poulterers' Case into a ...
Cities of Strangers
Cities of Strangers illuminates life in European towns and cities as it was for the settled, and for the 'strangers' or newcomers who joined them between 1000 and 1500. Some city-states enjoyed considerable autonomy which allowed them to legislate on how newcomers might settle and become citizens in support of a common good. Such communities invited bankers, merchants, physicians, notaries and judges to settle and help produce good urban living. Dynastic rulers also shaped immigration, often inviting groups from afar to settle and help their cities flourish. All cities accommodated a great deal of difference - of language, religion, occupation - in shared spaces, regulated by law. When this ...
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
System, Order, and International Law
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in orde...
To the Uttermost Parts of the Earth
A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.
Regional Variations in Matrimonial Law and Custom in Europe, 1150-1600
Much research has been done on medieval marriage in the last decades. However, few books have a pronouncedly comparative approach. This book discusses how much was regional and universal in medieval marriage law and practices in Europe. The sources used range from secular and canon law to court practice and from images to private correspondence. Articles discuss medieval and Reformation Belgium, England, France, Germany, Italy, Lithuania, and Sweden. Both marriage formation and marital property, two intertwined aspects, are considered in the articles. The book offers fresh evidence on the scope of regional variation tolerated by the Church, regional practices, and European trends. Contributors are James A. Brundage, Cecilia Cristellon, Trevor Dean, Charles Donahue, Jr., Caroline Dunn, Mia Korpiola, Jurgita Kunsmanaitė, Anu Lahtinen, Anthony Musson, Philip L. Reynolds, Kirsi Salonen, Silvana Seidel Menchi, and Monique Vleeschouwers-Van Melkebeek.
