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Comparative Law
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
The Laws and Other Legalities of Ireland, 1689-1850
While Irish historical writing has long been in thrall to the perceived sectarian character of the legal system, this collection is the first to concentrate attention on the actual relationship that existed between the Irish population and the state under which they lived from the War of the Two Kings (1689-1691) to the Great Famine (1845-1849). Particular attention is paid to an understanding of the legal character of the state and the reach of the rule of law, with contributors addressing such themes as: how law was made and put into effect; how ordinary people experienced the law and social regulations; how Catholics related to the legal institutions of the Protestant confessional state; and how popular notions of legitimacy were developed. These themes contribute to a wider understanding of the nature of the state in the long eighteenth century and will therefore help to situate the study of Irish society into the mainstream of English and European social history.
Concepts of Law
Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.
Legal Traditions in Louisiana and the Floridas 1763-1848
Through a mix of different historiographical methods, a broad understanding of legal and social history, and the lens of plural comparative contexts, this collection tells us much about continuity and change in a critical transition period (1763-1848) for Louisiana and the Floridas, as well as for the modern era.
A Study of Mixed Legal Systems: Endangered, Entrenched or Blended
This book provides a fascinating and critical insight into familiar and less familiar mixed legal systems, taking the reader on a voyage of discovery from St Lucia and Guyana to the islands of the Seychelles and Mauritius. It considers those mixed systems which share boundaries with unmixed ones, such as Scotland and Quebec, and those located off-shore of major and dominant jurisdictions such as Jersey off the coasts of France’s civil law and England’s common law system, as well as Cyprus, situated between the influences of Europe and those of the Middle East.
Concepts of Law
Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.
Edmund Burke's Irish Identities
Edmund Burke was an orator, writer, British statesman, and opponent of the revolution in France. This collection of essays focuses on Burke's complex relationship to his native Ireland. It brings together 13 authors, all established experts and young scholars, from a variety of viewpoints and disciplines.
A Study of Mixed Legal Systems: Endangered, Entrenched or Blended
A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores...
The Laws' Many Bodies
Across the West, a legal system centred on the state, the creation of general national laws, the elimination of competing jurisdictions, and the marginalization of non-legal norms was a very long historical process. This volume examines the »poly-juralism« of Europe's past - its legal hybridity and jurisdictional complexity - through case studies from a number of perspectives and traditions: Anglo-American, continental, Nordic, and mixed. The authors remind us that law precedes and surrounds the state, which is but one source of norms. They contest the anachronistic projection of modern legal nationalism, positivism, and centralism into the past. And these studies challenge both ideas of deep correspondence between laws, culture, and society and the division of Western traditions into reasonably discrete, closed legal families. Indeed, the lessons of this plural past can shed considerable light on the present, both in the West and across the globe.
