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In Making Manslaughter, Susanne Pohl-Zucker offers parallel studies that trace the legal settlement of homicide in the duchy of Württemberg and the imperial city of Zurich between 1376 and 1700. Killings committed by men during disputes were frequently resolved by extrajudicial agreements during the late Middle Ages. Around 1500, customary strategies of dispute settlement were integrated and modified within contexts of increasing legal centralization and, in Württemberg, negotiated with the growing influence of the ius commune. Legal practice was characterized by indeterminacy and openness: categories and procedures proved flexible, and judicial outcomes were produced by governmental policies aimed at the re-establishment of peace as well as by the strategies and goals of all disputants involved in a homicide case. See inside the book.
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.
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important ca...
Sharing Lives explores the most important human relationships which last for the longest period of our lives: those between adult children and their parents. Offering a new reference point for studies on the sociology of family, the book focuses on the reasons and results of lifelong intergenerational solidarity by looking at individuals, families and societies. This monograph combines theoretical reasoning with empirical research, based on the Survey of Health, Ageing and Retirement in Europe (SHARE). The book focuses on the following areas: ● Adult family generations, from young adulthood to the end of life, and beyond ● Contact, conflict, coresidence, money, time, inheritance ● Cons...
This introductory book provides an insight into sociological life course research and informs about its theoretical assumptions, analytical concepts and main results. Sociological life course research - like biographical research - has developed into an independent and fruitful field of research since the end of the 1960s. It is true that half a century earlier, in their famous study of "The Polish Peasant in Europe and America" (1918-20), Thomas and Znaniecki had already used life records to examine the connection between social change, social structures, and the life histories of individuals. However, such a research perspective was supplanted by other methodological-conceptual approaches ...
The subject of transnational lives has only recently gained importance in historical research. With its transnational approach to “mobility and biography,” this volume brings together research on aspects of mobility and biography across different times and spaces to open up new interdisciplinary perspectives. Networks, movements and the capacity to become socially or spatially mobile in and across Europe are not only analysed as structural factors, but rather seen as connected to concrete practices of mobility among different groups in the spheres of business, politics and the arts: from Jewish merchants via legal and financial advisors all the way to musicians.
In her research R. Nazlı Somel focuses on the topic of educational inequality, both from a theoretical perspective and through an empirical analysis. After a review of prominent approaches to educational inequality and their criticism, she offers a novel strategy to study the issue based on Relational Sociology and using the relational approaches of Charles Tilly and Pierre Bourdieu. Three relational characteristics of educational inequality are identified that are its relativity, cumulativeness, and being an organized practice. The author then applies this relational perspective to an in-depth study on an Istanbul primary school, analyses students, teachers and school organization in relation to each other and to Turkish education system and society.
This study seeks to examine the implications of student employment for the studies, the entry into the labour market, and social inequalities in higher education. The main argument is that both the quantity and quality of work alongside studies can affect relevant academic and labour market outcomes. On the one hand, high amounts of work may prolong the studies and decrease academic achievement. Side-jobs during studies may also distract away students from continuing on in education. On the other hand, jobs of better quality—such that provide experience and skills that are important for the future career—may enhance the transition from education to work. Most important, student employment may generate inequalities in the higher education system if the advantages and disadvantages of working are unequally shared among social groups. The study investigates these issues by using rich longitudinal data on the education and employment history of Bachelor’s students in Germany, by looking at various facets of students’ jobs, and by applying methods that aim at proving causality.