Download or read book Rechtsgeschiedenis op nieuwe wegen Legal history moving in new directions written by D. De ruysscher and published by Maklu. This book was released on 2015-07-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Het Belgisch-Nederlands Rechtshistorisch Colloquium werd voor de eenentwintigste keer gehouden op elf en twaalf december 2014 aan de Vrije Universiteit Brussel. Dit boek bundelt de verhandelingen die daar werden gepresenteerd. Ze bieden een nstaalkaart van de diverse domeinen die rechtsgeschiedenis vandaag bestrijkt. Vooral de rijkdom inzake methodologie springt in het oog. Er is volop aandacht voor de juridische praktijk, zowel in haar vormende facetten als wat de toepassing van wetten en verdragen betreft. De grenzen tussen politieke en rechtsgeschiedenis vervagen. Daarnaast is vergelijkende rechtsgeschiedenis sterk in opmars. De nieuwe wegen die rechtshistorici inslaan voeren tot ver buiten de landsgrenzen. Thema’s die in het boek aan bod komen betreffen niet alleen het Romeinse recht en het “oud-vaderlandse” recht van de Nederlanden, maar evengoed Corsica, Engeland, Zuid-Amerika en koloniale mandaatgebieden. Rechtshistorici doen vandaag onderzoek naar organisaties van experten, naar juridische tijdschriften, de diplomatieke praktijk en het politiek-filosofisch discours. Uit dit boek komt het bloeiende karakter van rechtshistorisch onderzoek in de Nederlanden ruim naar voren.
Download or read book Loans and Credit in Consilia and Decisiones in the Low Countries c 1500 1680 written by Wouter Druwé and published by BRILL. This book was released on 2019-12-09 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on consilia and decisions, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries.
Download or read book Sensing the Nation s Law written by Stefan Huygebaert and published by Springer. This book was released on 2018-03-22 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.
Download or read book The Lighthouse Function of Social Law written by Yves Jorens and published by Springer Nature. This book was released on 2023-07-30 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
Download or read book Philosophical Foundations of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-11-30 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.
Download or read book Victim Reparation under the Ius Post Bellum written by Shavana Musa and published by Cambridge University Press. This book was released on 2019-01-03 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.
Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by Springer. This book was released on 2018-05-25 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Download or read book The imperial Commonwealth written by Wm. Matthew Kennedy and published by Manchester University Press. This book was released on 2023-07-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the late 1800s to the early 1900s, Australian settler colonists mobilised their unique settler experiences to develop their own vision of what ‘empire’ was and could be. Reinterpreting their histories and attempting to divine their futures with a much heavier concentration on racialized visions of humanity, white Australian settlers came to believe that their whiteness as well as their Britishness qualified them for an equal voice in the running of Britain’s imperial project. Through asserting their case, many soon claimed that, as newly minted citizens of a progressive and exemplary Australian Commonwealth, white settlers such as themselves were actually better suited to the modern task of empire. Such a settler political cosmology with empire at its center ultimately led Australians to claim an empire of their own in the Pacific Islands, complete with its own, unique imperial governmentality.
Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by . This book was released on 2020-10-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Download or read book Reformation and the Practice of Toleration written by Benjamin J. Kaplan and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reformation and the Practice of Toleration examines the remarkable religious toleration that characterized Dutch society in the early modern era. It shows how this toleration originated, how it functioned, and how people of different faiths interacted, especially in 'mixed' marriages.
Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Download or read book The Republican Alternative written by André Holenstein and published by Amsterdam University Press. This book was released on 2008 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Republican Alternative seeks to move beyond the mere notion of scholarly inquiry into the republic—the subject of recent rediscovery by political historians interested in Europe’s intellectual heritage—by investigating the practical similarities and differences between two early modern republics, as well as their self-images and interactions during the turbulent seventeenth and eighteenth centuries. Among the world’s most economically successful societies, Switzerland and the Netherlands laid much of the foundation for their prosperity during the early modern period discussed here. This volume attempts to clarify the special character of these two countries as they developed, including issues of religious plurality, the republican form of government, and an increasingly commercially-driven agrarian society.
Download or read book Ius Commune Graeco romanum written by Wouter Druwé and published by . This book was released on 2019 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.
Download or read book The Public private Law Divide written by Matthias Ruffert and published by BIICL. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
Download or read book The History of Diplomatic Immunity written by Linda Frey and published by . This book was released on 1999 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the evolution of diplomatic immunity and analyzes the practice from ancient times to the present in Western and non-Western cultures. Privileges and immunities are placed in historical and cultural context, and the significance of domestic legislation and international conventions is discussed. The authors also study the influence of certain judicial decisions and their underlying rationales. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Baroque Town Hall of Amsterdam written by Katharine Fremantle and published by . This book was released on 1959 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scandalum in the Early Bolognese Decretistic and in Papal Decretals ca 1140 1234 written by Wouter Druwé and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, with Rufinus, however, the concept gained importance, both quantitatively and qualitatively. Stephen of Tournai pointed at the horrible consequences of a scandalum for the salvation of the souls. Simon of Bisignano stressed, for instance, the opposition between scandalum and peace. Even though non of the twelfth- and early thirteenth-century sources had yet developed a consistent theory on scandalum and its legal consequences, the analysis of papal decretals shows how scandalum became a more popular concept, especially in the field of disciplinary and penal canon law. Some evidence even suggests an instrumentalism of the term by the end of the twelfth century. At the same time, increasingly popes, especially Innocent III (1198-1216), were aware of the ambivalent nature of the concept.
