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The Rule of Law in Comparative Perspective
  • Language: en
  • Pages: 257

The Rule of Law in Comparative Perspective

  • Categories: Law

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Acquittals in the Spanish Inquisition
  • Language: en
  • Pages: 182

Acquittals in the Spanish Inquisition

The Spanish Inquisition has become such a byword for injustice that many forget it was also a judicial system capable of acquittal. This study of more than 67,000 trials uncovers over 2,500 formal acquittals, more than 6,600 suspended trials, and nearly 2,100 with unknown or no recorded outcomes. The inquisitors were jurists who frequently held other judgeships before and after their tenure and used the same evidentiary rules as other Spanish courts. If every acquittal may be taken as an admission of error, the Spanish Inquisition admitted its errors thousands of times, occasionally even putting them on public display at the autos de fe. An acquittal can also be taken as a sign that the inquisitors did not wish to punish the innocent and that while they were quick to arrest and charge people on flimsy evidence, they were too conscientious to convict them without further proof. However, it is also clear that the Holy Office at times did bend, twist, or even break the law when it suited it in order to secure a conviction. This book is aimed at students, scholars, and general readers seeking a nuanced understanding of the Spanish Inquisition and its workings.

Fables of Development: Capitalism and Social Imaginaries in Spain (1950-1967)
  • Language: en
  • Pages: 224

Fables of Development: Capitalism and Social Imaginaries in Spain (1950-1967)

An Open Access edition of this book is available on the Liverpool University Press website and the OAPEN library as part of the Opening the Future project with COPIM. Fables of Development: Capitalism and Social Imaginaries in Spain (1950-1967) focuses on a basic paradox: why is it that the so-called “Spanish economic miracle” —a purportedly secular, rational, and technocratic process— was fictionally portrayed through providential narratives in which supernatural and extraordinary elements were often involved? In order to answer this question, this book examines cultural fictions and social life at the time when Spain turned from autarchy to the project of industrial and tourist dev...

Alfonso X, the Justinian of His Age
  • Language: en
  • Pages: 391

Alfonso X, the Justinian of His Age

In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.

Privacy at Sea
  • Language: en
  • Pages: 398

Privacy at Sea

This book explores the idea of privacy at sea, from early sixteenth-century maritime expansions to nineteenth-century naval developments. In this period, the sea became a focal point of political and economic ambition as technological and cultural shifts enabled a more extensive exploration of maritime spaces and global coexistence at sea. The exploration of the sea and the conflicts arising from establishing control over maritime routes demanded a more nuanced distinction and negotiation between State and private efforts. Privateering, for example, became a bridge between the private enterprises and the State’s warfares or trade struggles, demonstrating that the sea required public contro...

The Western Codification of Criminal Law
  • Language: en
  • Pages: 427

The Western Codification of Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2018-03-09
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  • Publisher: Springer

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.

Global History, Visual Culture and Itinerancies
  • Language: en
  • Pages: 349

Global History, Visual Culture and Itinerancies

  • Categories: Art

National studies have demonstrated their inability to correctly understand global phenomena, and the way in which they affect societies. This chronologically ambitious book investigates methodological and theoretical issues from Roman times to the present, in terms of globalization. In this context, one of the most relevant parameters of change emerges: the itinerancy of culture and knowledge. Therefore, this volume argues that itinerant agents carry with them cultural baggage, transporting and transmitting it to other spaces. In this way, interconnection begins, producing active changes in global history and visual culture. Contributions to this book focus on comparative studies, the evolution of global phenomena, historical processes in their diachrony, regional studies, changing economies, cultural continuities, and methodological questions on globalization, among others. In addition, the book opens with a contribution from Professor Peter Burke.

Reconsidering Constitutional Formation I National Sovereignty
  • Language: en
  • Pages: 296

Reconsidering Constitutional Formation I National Sovereignty

  • Categories: Law
  • Type: Book
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  • Published: 2016-08-18
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  • Publisher: Springer

This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ...

Private Enforcement of Competition Law
  • Language: en
  • Pages: 927

Private Enforcement of Competition Law

  • Categories: Law
  • Type: Book
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  • Published: 2011-10
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  • Publisher: Lex Nova

The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, p...

Comparative Constitution Making
  • Language: en
  • Pages: 623

Comparative Constitution Making

  • Categories: Law

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}