Kategoria BISAC: Law >> Legal History

Canadian Liberalism and the Politics of Border Control sheds light on the complex history of Canada's response to immigrants and refugees during its first century -- a century that saw the imposition of the Chinese Head Tax, the turning away of the Komagata Maru, the rejection of Jewish refugees during the interwar period, the internment of Japanese Canadians during the Second World War, and the postwar development of a new human rights-based discourse.

In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. "This was not merely a theoretical possibility," Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai...

Brabbling Women takes its title from a 1662 law enacted by Virginia's burgesses, which was intended to offer relief to the "poore husbands" forced into defamation suits because their "brabling" wives had slandered or scandalized their neighbors. To quell such episodes of female misrule, lawmakers decreed that husbands could choose either to pay damages or to have their wives publicly ducked.

But there was more at stake here. By examining women's use of language, Terri L. Snyder demonstrates how women resisted and challenged oppressive political, legal, and cultural practices...

Beginning in the nineteenth century, law as practice, discourse, and ideology became a powerful means of reordering gender relations in modern nation-states and their colonies around the world. This volume puts developments in Japan and its empire in dialogue with this global phenomenon. Arguing against the popular stereotype of Japan as a non-litigious society, an international group of contributors from Japan, Taiwan, Germany, and the U.S., explores how in Japan and its colonies, as elsewhere in the modern world, law became a fundamental means of creating and regulating gendered subjects...

This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality.

In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the...

The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.
This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces...