This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.
The author uses Herbert Hart's schemes to conceive law as a human...
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on t...
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reasoning and the problem of knowing and remembering.
- How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework?
The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which...
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reas...
This work studies the Great Council of Malines as an institution. It analyzes the Council's internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change...
This work studies the Great Council of Malines as an institution. It analyzes the Council's internal organization and staff policy, its position wi...
Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should...
Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This...
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short...
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three...
This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians.
The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family...
This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and soc...
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 elites. Such a communicative orientation of...
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, b...
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reasoning and the problem of knowing and remembering.
- How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework?
The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which...
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reas...
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.
The author uses Herbert Hart's schemes to conceive law as a human...
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on t...
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations.
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisat...