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 Crime and the Fascist State 1850 1940 written by Tiago Pires Marques and published by Routledge. This book was released on 2015-10-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.

Download or read book Comparative Succession Law written by Kenneth G. C. Reid and published by . This book was released on 2011 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

Download or read book Criminal Law in Liberal and Fascist Italy written by Paul Garfinkel and published by Cambridge University Press. This book was released on 2017-01-09 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Download or read book Society and the Professions in Italy 1860 1914 written by Maria Malatesta and published by Cambridge University Press. This book was released on 2002-06-20 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first social and cultural study of the principal 'free' professions in Italy between 1860 and 1914.

Download or read book Rise of the International written by Richard Devetak and published by Oxford University Press. This book was released on 2024-04-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Relations and History were once academic fields sharing a common concern with the affairs of empires, states, and nations. Over the course of the twentieth century, however, they drifted apart. International Relations largely retained the focus on the affairs and relations of these principal international actors but took a methodological turn leading to higher levels of theoretical abstraction. History, on the other hand, retained the methods that define the discipline but shifted the focus, veering away from matters of state to the vast array of actors, events, activities, and issues that colour everyday life. In recent years, the drift has been arrested by scholars in each discipline who have turned towards the other discipline in their research. International Relations has undergone a 'historiographical turn' while History has taken an 'international turn'. Rise of the International brings together scholars of International Relations and History to capture the emergence and development of the thought, the relations, and the systems that have come to be called international in western discourse. The evidence offered by contributors to the volume suggests there has been no single, stable, unchanging concept or object of theoretical reflection or historical investigation that can be called 'the international', but a variety of historically contingent conceptualizations across different contexts.

Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Download or read book The Making of Modern Property written by Anna di Robilant and published by Cambridge University Press. This book was released on 2023-07-27 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.

Download or read book The Limits of Criminological Positivism written by Michele Pifferi and published by Routledge. This book was released on 2021-10-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

Download or read book Making Liberalism Work written by Susan A. Ashley and published by Bloomsbury Publishing USA. This book was released on 2003-08-30 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: By most accounts, Italian-style liberalism failed. Explanations of its failure vary from economic backwardness or a political culture shaped by autocracy to claims that liberals ruined their chances by pursuing nothing but narrow middle class interests. This study examines the liberal record to weigh the accuracy of these approaches. Ashley focuses on three controversial issues: public works, social reform, and public order. The railroads would test liberal commitment to laissez-faire, labor laws their pledge to protect all citizens, and dissent their allegiance to individual rights. In each case, liberals compromised their principles. What they decided defined the Italian variant of liberalism by transforming it from a doctrine to concrete practices and political behaviors. Particularly after 1890, liberals increasingly made empiricism the primary justification for policy and dismissed abstract principles as beneath notice. This shift helps explain why liberalism lost authority and credibility as a set of moral imperatives and as a coherent world view in Italy, as well as why it failed to offer most Italians a compelling alternative to either Socialsim or Fascism. Examining what liberals said and did, however, does not entirely support the despairing judgment of so many historians. Italian liberals managed to build a liberal state and to make it function against intransigent obstacles.

Download or read book Nationalism and Private Law in Europe written by Guido Comparato and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

Download or read book Reception of the Limited liability company GmbH written by Martin Löhnig and published by Böhlau Wien. This book was released on 2023-12-04 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The limited liability company (GmbH) was created by the German legislature in 1892 as a company form without any historical forerunners or suggestions from comparative law. It brought about a readjustment of the relationship between the chance of profit and the liability risk. However, criticism from the jurisprudence that had not been included in the quick legislative process was also heard from the start. As early as 1892, Levin Goldschmidt expressed concern that the GmbH would replace 'principally more solid forms of company'. However, this criticism did not prevent the company form of the GmbH from being adopted in numerous European countries, or at least seriously considering its reception.

Download or read book Dictatorship Democracy and Transitional Justice in Global Legal History written by Ignacio Czeguhn and published by Duncker & Humblot. This book was released on 2023-12-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.

Download or read book Italian Books and Periodicals written by and published by . This book was released on 1986 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 The Free standing Company in the World Economy 1830 1996 written by Mira Wilkins and published by Oxford University Press, USA. This book was released on 1998 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes rewritten papers from a session on free-standing companies held at the 11th International Economic History Congress, in Milan, Italy, Sept. 1994.