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New Perspectives on European Women's Legal History
This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.
Marriage Discourses
Marriage was historically not only a romantic ideal, but a tool of exploitation of women in many regards. Women were often considered commodities and marriage was far away from the romantic stereotypes people relate to it today. While marriages served as diplomatic tools or means of political legitimization in the past, the discourses about marital relationships changed and women expressed their demands more openly. Discourses about marriage in history and literature naturally became more and more heated, especially during the "long" 19th century, when marriages were contested by social reformers or political radicals, male and female alike. The present volume provides a discussion of the role of marriage and the discourses about in different chronological and geographical contexts and shows which arguments played an important role for the demand for more equality in martial relationships. It focuses on marriage discourses, may they have been legal or rather socio-political ones. In addition, the disputes about marriage in literary works of the 19th and 20th centuries are presented to complement the historical debates.
Yearbook of Transnational History
The Yearbook of Transnational History is dedicated to disseminating pioneering research in the field of transnational history. This second volume provides readers with articles on topics such as transnational marriages, exile, soccer, and missionaries as well as on the campaigns in Communist countries for freeing the American civil-rights activist Angela Davis. These articles highlight the movement of ideas, people, policies, and practices across various cultures and societies and explore the relations, connections, and spaces created by these movements. The articles in this volume explore interconnected historical phenomena in Asia, North and South America, and Europe from the late seventeenth century to the late twentieth century. These articles make clear that historical phenomena such as soccer and exile cannot be contained and explained within just one national setting. This volume also offers a theoretical article that provides insights into the concept of intercultural transfer studies and its relationship to comparative and global history. and an article that surveys the state of research in the field of transnational crime.
The Jurists
Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools. For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.
Women in Law and Lawmaking in Nineteenth and Twentieth-Century Europe
Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.
Nineteenth-Century Women’s Movements and the Bible
Nineteenth-Century Women’s Movements and the Bible examines politically motivated women’s movements in the nineteenth century, including the legal, cultural, and ecclesiastical contexts of women. Focusing on the period beginning with the French Revolution in 1789 through the end of World War I in 1918, contributors explore the many ways that women’s lives were limited in both the public and domestic spheres. Essays consider the social, political, biblical, and theological factors that resulted in a multinational raising of awareness and emancipation for women in the nineteenth century and the strengthening of their international networks. The contributors include Angela Berlis, Kristin Kobes Du Mez, Ute Gerhard, Christiana de Groot, Arnfriður Guðmundsdóttir, Izaak J. de Hulster, Elisabeth Joris, Christine Lienemann-Perrin, Amanda Russell-Jones, Claudia Setzer, Aud V. Tønnessen, Adriana Valerio, and Royce M. Victor.
Becoming Historical
This book examines the ways in which selfhood and cultural solidarity came to be understood and lived as historical identities during the first half of the nineteenth century. It's focus is on the Prussian capital- Berlin- and on the remarkable groups of artists and thinkers- Karl Friedrich Schinkel, Felix Mendelssohn, Jacob Grimm, Friedrich Karl von Savigny and Leopold von Ranke-who became associated in 1840 with the cultural agenda of a regime that hoped to forge solidarity among its subjects by encouraging identification with a constructed public memory. The book emphasizes both the developmental phases and the inner tensions of the program for "becoming historical" that was publicly articulated in 1840.
Empire of Law
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Charting the Divide Between Common and Civil Law
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
The Law of Open Societies
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
