Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.
Download or read book Spain s First Democracy written by Stanley G. Payne and published by Univ of Wisconsin Press. This book was released on 1993 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Payne's study places Spain's Second Republic within the historical framework of Spanish liberalism, and the rapid modernisation of inter-war Europe. He aims to present a consistent and detailed interpretation, demonstrating striking parallels to the German Weimar Republic.
Download or read book Methods of Comparative Law written by P. G. Monateri and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Download or read book Interpreting Spanish Colonialism written by Christopher Schmidt-Nowara and published by UNM Press. This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from Spain, Latin America, the Caribbean, and the United States discuss historical writings of the past and how our understanding of the colonial era has been influenced by the expectations of the day.
Download or read book Lawsuits and Litigants in Castile 1500 1700 written by Richard L. Kagan and published by . This book was released on 1981 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Download or read book Frontiers of Possession written by Tamar Herzog and published by Harvard University Press. This book was released on 2015-01-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tamar Herzog asks how territorial borders were established in the early modern period and challenges the standard view that national boundaries are settled by military conflicts and treaties. Claims and control on both sides of the Atlantic were subject to negotiation, as neighbors and outsiders carved out and defended new frontiers of possession.
Download or read book Le Nouveau Monde mondes nouveaux written by Serge Gruzinski and published by . This book was released on 1996 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Companion to the Early Modern Catholic Global Missions written by Ronnie Po-Chia Hsia and published by BRILL. This book was released on 2018-01-03 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the latest scholarship on Catholic missions between the 16th and 18th centuries, this collection of fourteen essays by historians from eight countries offers not only a global view of the organization, finances, personnel, and history of Catholic missions to the Americas, Africa, and Asia, but also the complex political, cultural, and religious contexts of the missionary fields. The conquests and colonization of the Americas presented a different stage for the drama of evangelization in contrast to that of Africa and Asia: the inhospitable landscape of Africa, the implacable Islamic societies of the Ottoman, Safavid, and Mughal empires, and the self-assured regimes of Ming-Qing China, Nguyen dynasty Vietnam, and Tokugawa Japan. Contributors are Tara Alberts, Mark Z. Christensen, Dominique Deslandres, R. Po-chia Hsia, Aliocha Maldavsky, Anne McGinness, Christoph Nebgen, Adina Ruiu, Alan Strathern, M. Antoni J. Üçerler, Fred Vermote, Guillermo Wilde, Christian Windler, and Ines Zupanov.
Download or read book The Church in Colonial Latin America written by John F. Schwaller and published by Rowman & Littlefield Publishers. This book was released on 2000-03-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Church in Colonial Latin America is a collection of essays that include classic articles and pieces based on more modern research. Containing essays that explore the Catholic Church's active social and political influence, this volume provides the background necessary for students to grasp the importance of the Catholic Church in Latin America. This text also presents a comprehensive, analytic, and descriptive history of the Church and its development during the colonial period. From the evangelization of the New World by Spanish missionaries to the active influence of the Catholic Church on Latin American culture, this book offers a complete picture of the Church in colonial Latin America. The Church in Colonial Latin America is ideal for courses in the colonial period in Latin American history, as well as courses in religion, church history, and missionary history.
Download or read book Words and Worlds Turned Around written by David Tavárez and published by University Press of Colorado. This book was released on 2017-12-14 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sophisticated, state-of-the-art study of the remaking of Christianity by indigenous societies, Words and Worlds Turned Around reveals the manifold transformations of Christian discourses in the colonial Americas. The book surveys how Christian messages were rendered in indigenous languages; explores what was added, transformed, or glossed over; and ends with an epilogue about contemporary Nahuatl Christianities. In eleven case studies drawn from eight Amerindian languages—Nahuatl, Northern and Valley Zapotec, Quechua, Yucatec Maya, K'iche' Maya, Q'eqchi' Maya, and Tupi—the authors address Christian texts and traditions that were repeatedly changed through translation—a process of “turning around” as conveyed in Classical Nahuatl. Through an examination of how Christian terms and practices were made, remade, and negotiated by both missionaries and native authors and audiences, the volume shows the conversion of indigenous peoples as an ongoing process influenced by what native societies sought, understood, or accepted. The volume features a rapprochement of methodologies and assumptions employed in history, anthropology, and religion and combines the acuity of of methodologies drawn from philology and historical linguistics with the contextualizing force of the ethnohistory and social history of Spanish and Portuguese America. Contributors: Claudia Brosseder, Louise M. Burkhart, Mark Christensen, John F. Chuchiak IV, Abelardo de la Cruz, Gregory Haimovich, Kittiya Lee, Ben Leeming, Julia Madajczak, Justyna Olko, Frauke Sachse, Garry Sparks
Download or read book Protest and Democracy written by Moises Arce and published by . This book was released on 2019-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, political protests sprang up across the world. In the Middle East, Europe, Latin America, the United States unlikely people sparked or led massive protest campaigns from the Arab Spring to Occupy Wall Street. These protests were made up of educated and precariously employed young people who challenged the legitimacy of their political leaders, exposed a failure of representation, and expressed their dissatisfaction with their place in the aftermath of financial and economic crisis. This book interrogates what impacts--if any--this global protest cycle had on politics and policy and shows the sometimes unintended ways it continues to influence contemporary political dynamics throughout the world. Proposing a new framework of analysis that calls attention to the content and claims of protests, their global connections, and the responsiveness of political institutions to protest demands, this is one of the few books that not only asks how protest movements are formed but also provides an in-depth examination of what protest movements can accomplish. With contributions examining the political consequences of protest, the roles of social media and the internet in protest organization, left- and right-wing movements in the United States, Chile's student movements, the Arab Uprisings, and much more this collection is essential reading for all those interested in the power of protest to shape our world.
Download or read book Contested Pasts written by Katharine Hodgkin and published by Routledge. This book was released on 2003-09-02 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume demonstrates, from a range of perspectives, the complex cultural work and struggles over meaning that lie at the heart of what we call memory. In the last decade, a focus on memory in the human sciences has encouraged new approaches to the study of the past. As the humanities and social sciences have put into question their own claims to objectivity, authority and universality, memory has appeared to offer a way of engaging with knowledge of the past as inevitably partial, subjective and local. At the same time, memory and memorial practices have become sites of contestation, and the politics of memory are increasingly prominent.
Download or read book A New World of Gold and Silver written by John J. TePaske and published by BRILL. This book was released on 2010-10-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial Latin America was famed for the precious metals plundered by the conquistadores and the gold and silver extracted from its mines. Historians and economists have attempted to determine the amount of bullion produced and its impact on the colonies themselves and the emerging early-modern world economy. Using official tax and mintage records, this book provides decade-by-decade and often annual data on the amount of gold and silver officially refined and coined in the treasury and mint districts of Spanish and Portuguese America. It also places American bullion output within the context of global production and addresses the issue of contraband production and bullion smuggling. The book is thus an invaluable source for evaluating the rise of the early-modern economy.
