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ENGLISH

Emergence Of Privateering

by J.D. Ford

245,13€ + 10% CARD

 Privateering was legal whereas piracy was illegal. That much everyone knows. But what exactly was privateering? Answering this question turns out to depend not so much on the relationship between privateering and piracy as on the relationship between privateering and other forms of maritime raiding that had been considered legal long before the word 'privateering', or the practice it denoted, came into existence. This book clarifies all these relationships and explains how privateering emerged as a new legal category in the late sixteenth and early seventeenth centuries. The subject is approached from a British perspective, in the light of developments elsewhere, including the movement towards a new understanding of the law regulating relations between nations.
ENGLISH

Contracts For A Third-Party Beneficiary - A Historical And Comparative Account

189,48€ + 10% CARD

 Through recent changes in Dutch (1992) and English (1999) private law, contracts for a third-party beneficiary are, in Western Europe, nowadays considered to be effective and enforceable. This concept is, however, incompatible with both the civilian tradition on the continent and the traditional parties-only rule of English common law. The purpose of this study is to show how the problem of the third-party beneficiary was dealt with during the various periods of Western legal thought and to discuss the subject from the perspective of present-day comparative law. The book is of interest not only to legal historians, but also to all who are engaged with present-day private law - scholars, practitioners and advanced students.Contributors include David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, and Hendrik Verhagen, Professor of Private International Law, Comparative Law and Civil Law at the Radboud University Nijmegen, attorney at the firm Clifford Chance Amsterdam, and deputy justice at the Court of Appeal, 's-Hertogenbosch.Studies in the History of Private Law, vol. 1
ENGLISH

Justifying Utopia - A Legal History Of The International Peace Movement (1815-1873)

by Wouter De Rycke

~~262,35€~~ 236,12€ 10% OFF

 When and why did international law begin to oppose war? For centuries, sovereignty implied the right to wage war. Yet over the past hundred years, a remarkable succession of treaties, courts, and organisations sprang to life that sought to prohibit war. From a fringe ambition, the ideal of 'peace through law' became the foundation of international law. This book traces part of this evolution back to the small peace movement of the early nineteenth century, recounting how the earliest organised pacifists built their legal case against war. The stories of this diverse social movement are told from numerous perspectives, and each sheds further light on how ordinary men and women helped lay the groundwork for one of the greatest shifts in legal thinking about peace and war.
ENGLISH

Regula As A Rhetorical Device In Roman Law

by Jan Willem Tellegen e Olga Tellegen-Couperus

~~188,15€~~ 169,34€ 10% OFF

 In this book, it is argued that twenty regulae in title D. 50.17 of Justinian's Digest are not the legal rules that scholarly wisdom has long held them to be, but are instead rhetorical arguments. As arguments, these regulae do not comfortably fit the modern perception of Roman law as a system and sometimes even appear to have no connection with law whatsoever. By explaining them in the context of rhetoric, and of Cicero's Topica especially, the authors identify and reconstruct the original tenor of these twenty regulae as well as that of the famous regula Catoniana, stating their case for a paradigm shift in the study of Roman law in the process.
ENGLISH

Learned And Lived Law - Essays In Honor Of Charles Donahue

~~271,63€~~ 244,47€ 10% OFF

 This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
ENGLISH

Colonial Massachusetts Laws And Liberties And The English Commonwealth - State Formation, The Rule Of Law, And The People'S Welfare

by Charles Edward Smith

~~246,45€~~ 221,81€ 10% OFF

 On July 4, 1653, the Nominate or Barebones Parliament convened with a minority of committed radicals (Levellers and religious extremists) and a conservative majority of Cromwell's allies. During acrimonious debates on law reform, the radicals demanded a condensed law book similar to the one adopted in Colonial Massachusetts. These mostly overlooked events reveal a radical wing of Puritanism determined to found a self-governing state, fully cognizant of the real possibility that England would interdict such attempts by force of arms. This work investigates the motives for such a hazardous undertaking, and the possible influences these events had on the colony's posterity.
ENGLISH

Local Customs And Common Laws - Essays On The Law Governing Maritime Commerce In Sixteenth-Century Scotland

by J.D. Ford

~~242,48€~~ 218,23€ 10% OFF

 Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.
ENGLISH

Genesis Of Nineteenth-Century Civil Codes In The United States

by Julie Rocheton

~~197,43€~~ 177,69€ 10% OFF

 Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. "Rocheton's work, published four decades after Cook's book on 'The American Codification Movement,' contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia "While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it's a family affair." - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory
ENGLISH

French Civil Code In The Free City Of Cracow (1815-1846)

by Andrzej Dziadzio, Mateusz Mataniak e Piotr Michalik

~~0,01€~~ 0,01€ 10% OFF

 This book is a summary of the extensive research by the co-authors on the validity and application of the 1804 French Civil Code in the Free City of Cracow (1815-1846), the Polish constitutional city-state established at the Congress of Vienna. From the wealth of case-law and legal practice of the Cracovian Republic emerges a picture in which its inhabitants were consciously and consistently building the structure of a modern state. As far as was possible amid the realities of post-feudal society, this state was already based on the rule of law. One of the basic elements of this legal structure was precisely the Napoleonic Code, which established the framework for the private law of the Free City, and made it a very small, but important, part of European legal heritage.
ENGLISH

History Of Civil Law In Early China: Cases, Statutes, Concepts And Beyond

by Zhaoyang Zhang

197,43€ + 10% CARD

 How did people solve their disputes over debt, compensation, inheritance and other civil matters in early China? Did they go to court? How did the authorities view those problems? Using recently excavated early Chinese legal materials, Zhang Zhaoyang makes the compelling argument that civil law was not only developed, but also acquired a certain degree of sophistication during the Qin and Han dynasties. The state promulgated detailed regulations to deal with economic and personal relationships between individuals. The authorities formed an integral part of the formal justice system, and heard civil cases on a regular basis.
ENGLISH

State Law And Legal Positivism - The Global Rise Of A New Paradigm

181,53€ + 10% CARD

 This volume formulates the hypothesis of a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume brings together several case studies of transition from an ancient to a new legal regime characterized by the positivization of the law. This was an effect of Western imperialism, but also of local elites' conviction that positive law was an efficient instrument of governance. The contributors emphasize the depth and scale of the positivist legal revolution and explore the phenomenon whether it was the outcome of either direct colonialism (Morocco, Egypt, India) or indigenous reformism (Ottoman empire, China, Japan).
ENGLISH

Commerce, Citizenship, And Identity In Legal History

184,18€ + 10% CARD

 Legal historians have analysed the characteristics of merchant guilds and nationes (i.e., associations of foreign merchants), as well as the political clout of merchants, including foreign ones. However, how the legal status of citizens related to the merchant class and how its contents were influenced by trade remains largely unclear. Did governments have a policy of citizenship that was tailored to commercial interests? Were foreign merchants belonging to a separate legal category of resident? If so, what defined this category? To what extent could different types of legal status and membership of communities or guilds overlap? And how did all this affect merchants' identities, their self-images of belonging? This collection of essays provides anwers to these questions. Contributors are: Sonja Breustedt, Pieter De Reu, Gijs Dreijer, Maurits den Hollander, Marco In't Veld, Marta Lupi, Manon Moerman, Remko Mooi, Patrick Naaktgeboren, and Joost Possemiers.
ENGLISH

Justice And Society In The Highlands Of Scotland - Strathspey And The Regality Of Grant (C. 1690-1748)

by Charles Fletcher

196,10€ + 10% CARD

 This book fills a significant gap in our current understanding of early modern Scottish history. It is the first systematic consideration of the workings of seigneurial courts of feudal lords in 18th century Scotland. For several hundred years, these courts were one of the main forums for justice across Europe. Until 1748, Scottish courts of barony and regality handled both criminal complaints and civil disputes; they made by-laws and levied taxes; they set wages and enforced morality. The 18th century was a time of epoch-defining events in Scotland, such as the Jacobite rebellions, and union with England. The amount of literature on this period of Scottish history is extensive; it is therefore remarkable that the story of these courts has been left untouched.
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Role Of Theoretical Debate In The Evolution Of National And International Patent Protection

eBook 10%

ENGLISH

Role Of Theoretical Debate In The Evolution Of National And International Patent Protection - From The French Revolution To The Paris Convention Of 1883

by Louise J. Duncan

210,68€ + 10% CARD

 This volume offers new insight into key developments in the history of protection for patent rights during the period 1791-1883. The author presents a detailed examination of the underlying theoretical bases advanced for the protection of patents in various key European countries, and including new material focusing on the political rhetoric of protagonists and opponents of the patent system during the course of the patent abolitionist debates of the 1860s and 1870s. Finally, the book examines in detail the factors which prompted the movement towards international protection of patents, culminating in the Paris Convention for the Protection of Industrial Property of 1883.
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Negotiations Of Gender And Property Through Legal Regimes (14th-19th Century)

eBook 10%

ENGLISH

Negotiations Of Gender And Property Through Legal Regimes (14th-19th Century) - Stipulating, Litigating, Mediating

242,48€ + 10% CARD

 This volume explores familial wealth arrangements and gendered property from the fourteenth to the nineteenth centuries in Italian, German and Austrian territories (including Florence, Trento, Tyrol, and Vienna), Nordic countries, Western Pyrenees, and England. Family property as capital in the form of houses, land, movables, financial assets, and rights were of great importance in the past. Arrangements of such property were characterised by a high degree of negotiating competence but likewise they entailed competition between the parties involved and were highly conflict prone. Fifteen contributors from Austria, Finland, France, Germany, Italy, and the UK address different marital property regimes in relation to the practices and legal regulations of inheritance patterns with consideration to inter-familial negotiation, conflict, and resolution. Contributors are: Marie-Pierre Arrizabalaga, Laura Casella, Isabelle Chabot, Siglinde Clementi, Simona Feci, Ellinor Forster, Andrea Griesebner, Christian Hagen, Margareth Lanzinger, Janine Maegraith, Silvia Mattivi, Beatrice Moring, Craig Muldrew, Regina Schafer, and Georg Tschannett.
ENGLISH

Early Modern Sovereignties - Theory And Practice Of A Burgeoning Concept In The Netherlands

262,35€ + 10% CARD

 The essays in this volume explore the theories and practices of sovereignty in the context of state-building in the early modern Northern and Southern Low Countries. The Dutch Revolt, the secession of the northern provinces from the Spanish empire, the formation of the Dutch Republic and the reconstitution of Habsburg authority in the south, fostered tense debates among scholars and political leaders about the legitimacy, organisation and processes of law and governance. This made the Low Countries a prime battlefield for theoretical and political contestations about the nature of public authority and the relations between different layers of government in early-modern Europe. The book approaches this historical debate from three angles: (1) political theoretical, (2) legal, and (3) politico-historical. Contributors are: Hans Blom, Bram De Ridder, Alicia Esteban Estringana, Simon Groenveld, Gustaaf Janssens, Shavana Musa, Jose Javier Ruiz Ibanez, Werner Thomas, Lies van Aelst, Gustaaf van Nifterik, and Rene Vermeir.
ENGLISH

Painting Constitutional Law - Xavier Cortada'S Images Of Constitutional Rights

234,53€ + 10% CARD

 In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renee Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.
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Colonial Adventures: Commercial Law And Practice In The Making

eBook 10%

ENGLISH

Colonial Adventures: Commercial Law And Practice In The Making

238,50€ + 10% CARD

 Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities. Contributors are: Alain Clement (), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
ENGLISH

National Tradition Or Western Pattern? - Concepts Of New Administrative System For The Congress Kingdom Of Poland (1814-1815)

by Michal Galedek

202,73€ + 10% CARD

 In the history of the development of Polish law and administration, the short period of the constitutional Duchy of Warsaw, and next of the Kingdom of Poland, was a special time. This is because it was the only moment in the 19th century when the Polish elites gained an opportunity to concentrate their efforts on the organization of the modern state machinery. This book presents the process of restructuring the administrative structures following the collapse of the Napoleonic Duchy of Warsaw and before the establishment of the Kingdom of Poland in 1815. The author focuses on the approach of the Polish elites to the nascent modern state, increasing importance of administration within it and to the young Polish bureaucrats.
ENGLISH

Law, Language And Change - A Diachronic Semantic Analysis Of Consideration In The Common Law

by Caroline Laske

213,33€ + 10% CARD

 In this monograph, Caroline Laske traces the advent of consideration in English contract law, by analysing the doctrinal development, in parallel with the corresponding terminological evolution and semantic shifts between the fourteenth and nineteenth centuries. It is an innovative, interdisciplinary study, showcasing the value of taking a diachronic corpus linguistics-based approach to the study of legal change and legal development, and the semantic shifts in the corresponding terminology. The seminal application in the legal field of these analytical methodologies borrowed from pragmatic linguistics goes beyond the content approach that legal research usually practices and it has allowed for claims of semantic change to be objectified. This ground-breaking work is pitched at scholars of legal history, law & language, and linguistics.
ENGLISH

Companion To Latin American Legal History

~~267,65€~~ 240,89€ 10% OFF

 This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region's legal history. Contributors are: Diego Acosta, Alejandro Aguero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sarinena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustin Parise, Rogelio Perez-Perdomo, Heikki Pihlajamaki, Susan Elizabeth Ramirez, Timo H. Schaefer, William Suarez-Potts, Victor M. Uribe-Uran, Cristian Villalonga, Alex Wisnoski, and Eduardo Zimmermann.
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Development Of Commercial Law In Sweden And Finland (Early Modern Period-Nineteenth Century)

eBook 10%

ENGLISH

Development Of Commercial Law In Sweden And Finland (Early Modern Period-Nineteenth Century)

253,08€ + 10% CARD

 The Development of Commercial Law in Sweden and Finland provides a broad perspective on recent research into the history of North European commercial law in a comparative and international framework. The book brings together themes that have previously been considered largely from a national perspective. Despite Sweden's and Finland's peripheral locations in Europe, global legal phenomena took place there as well. These countries were at the crossroads of cultures and commercial interests, allowing us to re-examine them as lively laboratories for commercial laws and practices rather than dismissing them as a negligible periphery. The importance of trade and international transactions cannot be disclaimed, but the book also emphasizes the resilient nature of commercial law. Contributors are: Dave De ruysscher, Stefania Gialdroni, Ulla Ijas, Marko Lamberg, Heikki Pihlajamaki, Jussi Sallila, and Katja Tikka.
ENGLISH

Nordic Inheritance Law Through The Ages - Spaces Of Action And Legal Strategies

250,43€ + 10% CARD

 Nordic Inheritance Law through the Ages - Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation. The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries. Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnorsdottir, John Asland, Knut Dorum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Mar Jonsson, Mia Korpiola, Gabriela Bjarne Larsson, Au ur Magnusdottir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.
ENGLISH

Empire And Legal Thought - Ideas And Institutions From Antiquity To Modernity

310,05€ + 10% CARD

 Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought. Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition. Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.
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