Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Damiano Canale and published by Springer Science & Business Media. This book was released on 2009-08-11 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.

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 The Clash of Legitimacies written by Andrea Gamberini and published by . This book was released on 2018 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians have long understood the period 1100 to 1500 to be the key phase in the genesis of the modern state. In this innovative work, Andrea Gamberini examines the case of late medieval Lombardy to show that the advent of the state did not extinguish the traditional values and principles of political cohabitation that had long been in place.

Download or read book Handbook of the History of the Philosophy of Law and Social Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-04-03 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its roots in ancient Greece, Roman law and Christianity, European legal history is the history of a common civilisation. The exchange of legislative models, doctrines and customs within Europe included English common law and has been extensive from the early middle ages to the present time. In this seminal work which spans from the fifth to the twentieth century, Antonio Padoa-Schioppa explores how law was brought to life in the six main phases of European legal history. By analysing a selection of the institutions of private and public law which are most representative of each phase and of each country, he also sheds light on the common features throughout the history of European legal culture. Translated in English for the first time, this new edition has been revised to include the recent developments of the European Union and the legal-historical works of the last decade.

Download or read book Legal Ethics written by Geoffrey C. Hazard and published by Stanford University Press. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.

Download or read book Doing Shifts written by Serena Franchi and published by Springer Nature. This book was released on 2023-12-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an incisive account of correctional officers’ daily practices, their role and how they represent themselves in relation to the prison, and by extension, the state. Drawing on ethnographic research undertaken in an Italian prison, Doing Shifts explores how correctional officers’ perspectives and shared views reproduce and reinforce working behaviors with specific administrative and bureaucratic features. It explores how global penal trends are enacted in a local context and how the prison systems plays into our understanding of institutional and administrative power. It advances the discussion on organizational and institutional power through the lens of social control and street-level bureaucracy literature. It also explores gender variations in the discretional use of correctional officers’ power. This book has a cross-disciplinary appeal for criminologists, sociologists, anthropologists, and political scientists and to policy-makers.

Download or read book The Boundaries of Welfare written by Maurizio Ferrera and published by Oxford University Press, USA. This book was released on 2005-11-24 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent has the process of European integration re-drawn the boundaries of national welfare states? What are the effects of such re-drawing? Boundaries count: they are essential in bringing together individuals, groups, and territorial units, and for activating or strengthening shared ties between them. If the profile of boundaries changes over time, we might expect significant consequences on bonding dynamics, i.e. on the way solidarity is structured in a given politicalcommunity.The book addresses these two questions in a broad historical and comparative perspective. The first chapter sets out a novel theoretical framework which re-conceptualizes the welfare state as a 'bounded space' characterized by a distinct spatial politics. This reconceptualization takes as a starting point the 'state-building tradition' in political science and in particular the work of Stein Rokkan. The second chapter briefly outlines the early emergence and expansion of European welfare statestill World War II. Chapters 3 and 4 analyse the relationship between domestic welfare state developments and the formation of a supranational European Community between the 1960s and the 2000s, illustrating how the process of European integration has increasingly eroded the social sovereignty of thenation-state. Chapter 5 focuses on new emerging forms of sub-national and trans-national social protection, while Chapter 6 discusses current trends and future perspectives for a re-structuring of social protection at the EU level.While there is no doubt that European integration has significantly altered the boundaries of national welfare, de-stabilizing delicate political and institutional equilibria, the book concludes by offering some suggestions on how a viable system of multi-level social protection could possibly emerge within the new EU wide boundary configuration.

Download or read book Money and the Governance of Punishment written by Patricia Faraldo Cabana and published by Taylor & Francis. This book was released on 2017-06-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.

Download or read book The Common Legal Past of Europe 1000 1800 written by Manlio Bellomo and published by CUA Press. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period.

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 The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

Download or read book Social Justice in a Global Age written by Olaf Cramme and published by John Wiley & Sons. This book was released on 2018-03-08 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between the principles of social justice and global justice? How can we best reconcile the quest for greater social justice ‘at home' with greater social justice in the world? Are the social justice pressures our societies currently face the result of globalisation or are they domestically generated? How can we advance social justice in the light of the new social realities? In this volume, leading international experts offer compelling answers to these questions. The aim of this volume is to articulate a modern conception of social justice that remains relevant for an era of rapid globalisation. The authors have developed a robust theoretical account of the relationship between globalisation and social justice complemented by an underpinning policy framework that aims to sustain new forms of equity and solidarity.

Download or read book The Cambridge History of Eighteenth Century Political Thought written by Mark Goldie and published by Cambridge University Press. This book was released on 2006-08-31 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description

Download or read book The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Download or read book The Making of the Civil Codes written by Michele Graziadei and published by Springer Nature. This book was released on 2022-11-21 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.