Kategoria BISAC: Law >> Legal History

On July 21, 1990, Associate Justice William J. Brennan, Jr., announced his resignation from the nation's highest court. The judicial career of the man who Wat Hopkins considers the United States Supreme Court's premier protector of expression came to an end. Hopkins examines the body of Justice Brennan's free expression jurisprudence and shows how Justice Brennan's theory of free expression was built on the metaphor of a marketplace of ideas.

Hopkins' analysis is based primarily on an examination of the significant free expression cases during Brennan's thirty-four year term....

Focusing on the 17th and 18th centuries, this volume centers around six ideological isms that the author seeks to exploit as well as deconstruct. The six isms are absolutism, constitutionalism, rationalism, empiricism, liberalism, and conservatism--all of which have long presented problematical constructs that the author seeks to de-construct. The unusually broad range of famous thinkers studied here includes Hobbes, Locke, Richelieu, Bossuet, Rousseau, Montesquieu, Voltaire, Hume, Smith, Burke, and various French revolutionaries. Although the focus here is historical, the contemporary...

Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character, criminal and civil practice standards, and sentencing guidelines provides a blueprint for the Christian lawyer and judge by laying out the professional and ethical parameters that make the actor operate in accordance with...

Throughout history, works of literature have helped to shape public discussion of social, legal, and political issues. In this book, Barry R. Schaller draws on examples from American literature in presenting an analysis of the legal aspects of several major problems facing our society. After identifying the key legal relationships in society, the book focuses on problems of violence, loss of authority, diminished faith in the American dream of progress, and the challenges posed by immense social and technological change. The author offers a set of standards to serve as a guide to effective...

An interesting read for professional jurists, court administrators, and scholars concerned with lay adjudication or East German legal institutions, this book provides an account of the social courts of the German Democratic Republic (GDR). Although the East German system was corrupt and oppressive, the social courts were an innovative and successful experiment. Rooted in Marxist-Leninist legal doctrine, these courts handled thousands of minor civil disputes and petty criminal offenses each year. The judges and jurists who worked at these courts were lay people and did not receive an pay...

Now, more than ever, we need to avoid nostalgia in thinking about the Good War. This collection of essays reveals some of the challenges that Americans' commitment to the rule of law faced during the Second World War. As a total war, World War II required an unprecedented mobilization of society and growth of the federal government. The American state survived as a government of laws, not men, but in a very different form than its prewar counterpart. Using examples from the war era, this study demonstrates that major wars can imperil and transform one of our most deeply held values, the...

The trial and imprisonment of Nicola Sacco and Bartolomeo Vanzetti and the resulting press coverage catapulted the two immigrant anarchists from the margins of obscurity to international celebrity in 1926 and 1927. This study examines this press coverage and the political movement that set the tone for one of the 20th century's most debated and least understood political causes. Neville argues that, while casting about for a case to champion in 1926, the Comintern of the USSR discovered in Sacco-Vanzetti the perfect vehicle to discredit and shame the United States. As an international...

In the late Roman Republic, acts of wrongdoing against individuals were prosecuted in private courts, while the iudicia publica (literally "public courts") tried cases that involved harm to the community as a whole. In this book, Andrew M. Riggsby thoroughly investigates the types of cases heard by the public courts to offer a provocative new understanding of what has been described as "crime" in the Roman Republic and to illuminate the inherently political nature of the Roman public courts.

Through the lens of Cicero's forensic oratory, Riggsby examines the four major...

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context.

The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic...

Imperial China's dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618-907 C.E.) and Qing (1644-1911 C.E.) codes have been available in English translation. The present book is the first English translation of The Great Ming Code (Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and...

In 1990, shortly after a Malaysian politician announced that the boundaries of Kinabalu Park, a primary tourist destination, were to be expanded to include the species-rich tropical forest known locally as Bukit Hempuen, most of the area was burned to the ground, allegedly by local people. What would motivate the people who had for generations hunted and gathered forest products there to act so destructively?

In this volume, Amity Doolittle illuminates this and other contemporary land-use issues by examining how resources were used historically in Sabah from 1881 to 1996 and what...

In 1990, shortly after a Malaysian politician announced that the boundaries of Kinabalu Park, a primary tourist destination, were to be expanded to include the species-rich tropical forest known locally as Bukit Hempuen, most of the area was burned to the ground, allegedly by local people. What would motivate the people who had for generations hunted and gathered forest products there to act so destructively?

In this volume, Amity Doolittle illuminates this and other contemporary land-use issues by examining how resources were used historically in Sabah from 1881 to 1996 and what...