Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions

Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions
Author: D. De ruysscher
Publisher: Maklu
Total Pages: 436
Release: 2015-07-01
Genre: Law
ISBN: 9046607585

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.

Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)

Loans and Credit in Consilia and Decisiones in the Low Countries (c. 1500-1680)
Author: Wouter Druwé
Publisher: BRILL
Total Pages: 837
Release: 2019-12-09
Genre: Law
ISBN: 9004416528

Based on consilia and decisiones, 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, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law (ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.

Sensing the Nation's Law

Sensing the Nation's Law
Author: Stefan Huygebaert
Publisher: Springer
Total Pages: 286
Release: 2018-03-22
Genre: Law
ISBN: 3319754971

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.

The Lighthouse Function of Social Law

The Lighthouse Function of Social Law
Author: Yves Jorens
Publisher: Springer Nature
Total Pages: 632
Release: 2023-07-30
Genre: Law
ISBN: 3031328221

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.

Philosophical Foundations of International Criminal Law

Philosophical Foundations of International Criminal Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 812
Release: 2018-11-30
Genre: Law
ISBN: 8283481185

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.

Victim Reparation under the Ius Post Bellum

Victim Reparation under the Ius Post Bellum
Author: Shavana Musa
Publisher: Cambridge University Press
Total Pages: 299
Release: 2019-01-03
Genre: Law
ISBN: 1108638104

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.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Reconsidering Constitutional Formation II Decisive Constitutional Normativity
Author: Ulrike Müßig
Publisher: Springer
Total Pages: 425
Release: 2018-05-25
Genre: Law
ISBN: 3319730371

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)

The imperial Commonwealth

The imperial Commonwealth
Author: Wm. Matthew Kennedy
Publisher: Manchester University Press
Total Pages: 190
Release: 2023-07-25
Genre: History
ISBN: 1526162741

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.

Reformation and the Practice of Toleration

Reformation and the Practice of Toleration
Author: Benjamin J. Kaplan
Publisher:
Total Pages: 0
Release: 2019
Genre: Netherlands
ISBN: 9789004353947

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.

European Traditions in Civil Procedure

European Traditions in Civil Procedure
Author: C. H. van Rhee
Publisher: Intersentia nv
Total Pages: 362
Release: 2005
Genre: Civil law
ISBN: 905095491X

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.