Studies in History and Jurisprudence, Vol. 2

Studies in History and Jurisprudence, Vol. 2
Author: James Bryce
Publisher: Jazzybee Verlag
Total Pages: 553
Release: 2017
Genre: Law
ISBN: 3849650162

This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.

Federal Democracies

Federal Democracies
Author: Michael Burgess
Publisher: Routledge
Total Pages: 515
Release: 2010-02-25
Genre: Political Science
ISBN: 113515810X

Federal Democracies examines the evolution of the relationship between federalism and democracy. Taking the late 18th century US Federal Experience as its starting-point, the book uses the contributions of Calhoun, Bryce and Proudhon as 19th century conceptual prisms through which we can witness the challenges and changes made to the meaning of this relationship. The book then goes on to provide a series of case studies to examine contemporary examples of federalism and includes chapters on Canada, USA, Russia, Germany, Spain, Belgium, Switzerland and the emerging European Union. It features two further case studies on Minority Nations and a Federal Europe, and concludes with two chapters providing comparative empirical and theoretical perspectives, and comparative reflections on federalism and democracy. Bringing together international experts in the field this book will be vital reading for students and scholars of federalism, comparative politics and government.

Philosophy and Jurisprudence in the Islamic World

Philosophy and Jurisprudence in the Islamic World
Author: Peter Adamson
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 354
Release: 2019-09-02
Genre: Philosophy
ISBN: 3110552183

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

Volume I: The Administrative State

Volume I: The Administrative State
Author: Sabino Cassese
Publisher: Oxford University Press
Total Pages: 841
Release: 2017-07-24
Genre: Reference
ISBN: 0191039837

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Oxford Studies in Philosophy of Law: Volume 2

Oxford Studies in Philosophy of Law: Volume 2
Author: Leslie Green
Publisher: Oxford University Press, USA
Total Pages: 317
Release: 2013-08-29
Genre: Law
ISBN: 0199679835

Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.

Federal Britain

Federal Britain
Author: John Kendle
Publisher: Routledge
Total Pages: 238
Release: 2002-11-01
Genre: History
ISBN: 1134725442

The United Kingdom faces with two major federal constitutional debates. The first is about the nations which comprise the British state and hence the division of power between Westminster and regional parliaments of Wales, Scotland and Northern Ireland. The second surrounds the United Kingdom and the European Union. This text explores the British engagement with the federal idea from the early 1600s onwards, and sets contemporary discussions in context. In the past four centuries, the British have often looked to the federal idea as a possible solution to problems of the unity of the United Kingdom and of the British Empire. This period has also seen successful adoption of federalism by many countries, including Britain's former colonial possessions. John Kendle examines the break-up of the first British empire and the development of modern federalism. As well as discussing the Anglo-Irish relationship and the United Kingdom's relationship to Europe, the author focuses on other contemporary issues such as the world order, imperial federation and decolonization.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1254
Release: 2018-07-26
Genre: Law
ISBN: 0192513141

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.