A Short History of European Law

A Short History of European Law
Author: Tamar Herzog
Publisher: Harvard University Press
Total Pages: 297
Release: 2018-01-08
Genre: History
ISBN: 0674980344

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Eurolegalism

Eurolegalism
Author: R. Daniel Kelemen
Publisher: Harvard University Press
Total Pages: 379
Release: 2011-04
Genre: Law
ISBN: 0674046943

Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Legal engagement

Legal engagement
Author: Collectif
Publisher: Publications de l’École française de Rome
Total Pages: 546
Release: 2021-07-30
Genre: History
ISBN: 2728314659

The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.

Corporal Punishment of Children

Corporal Punishment of Children
Author: Bernadette Saunders
Publisher: BRILL
Total Pages: 358
Release: 2018-11-26
Genre: Law
ISBN: 9004355979

Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children’s ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children’s human rights to dignity and optimal development are more fully recognised.

The Least Examined Branch

The Least Examined Branch
Author: Richard W. Bauman
Publisher: Cambridge University Press
Total Pages: 553
Release: 2006-07-31
Genre: Law
ISBN: 1139460404

Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

Studies in Legal Systems:Mixed and Mixing

Studies in Legal Systems:Mixed and Mixing
Author: Esin Orucu
Publisher: Springer
Total Pages: 390
Release: 1996-02-13
Genre: Business & Economics
ISBN:

All legal systems are mixed: some more than others. There are covert mixtures and overt mixtures; stable mixtures and mixtures in transition. This book brings together a wide range of legal orders, some well known, some not so often studied. The analysis offered is far beyond a descriptive one, the general aim being to provide a basis for discussion by covering paths, methods and specific techniques, consequences and implications of legal migration. The newly emerging democracies of Eastern Europe, for example, are looking at the pool of models when re-designing their systems. Such systems in transition open up a whole new world of possibilities for research. The two final chapters on spectral jurisprudence and the conceptual search bring into focus and widen the analysis further.