The Birth of a Legal Institution

The Birth of a Legal Institution
Author: Peter C. Hennigan
Publisher: BRILL
Total Pages: 278
Release: 2004
Genre: Religion
ISBN: 9789004130296

This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.

The Birth of the English Common Law

The Birth of the English Common Law
Author: R. C. van Caenegem
Publisher: Cambridge University Press
Total Pages: 184
Release: 1988-11-24
Genre: Law
ISBN: 9780521356824

This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.

By Birth or Consent

By Birth or Consent
Author: Holly Brewer
Publisher: UNC Press Books
Total Pages: 407
Release: 2012-12-01
Genre: History
ISBN: 0807839124

In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Birth of American Law

The Birth of American Law
Author: John D. Bessler
Publisher:
Total Pages: 0
Release: 2014
Genre: Capital punishment
ISBN: 9781611636048

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!

The Birth of the English Common Law

The Birth of the English Common Law
Author: R. C. Caenegem
Publisher: Cambridge University Press
Total Pages: 180
Release: 1988-11-24
Genre: Law
ISBN: 9780521355957

First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.

Birth Settings in America

Birth Settings in America
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 369
Release: 2020-05-01
Genre: Social Science
ISBN: 0309669820

The delivery of high quality and equitable care for both mothers and newborns is complex and requires efforts across many sectors. The United States spends more on childbirth than any other country in the world, yet outcomes are worse than other high-resource countries, and even worse for Black and Native American women. There are a variety of factors that influence childbirth, including social determinants such as income, educational levels, access to care, financing, transportation, structural racism and geographic variability in birth settings. It is important to reevaluate the United States' approach to maternal and newborn care through the lens of these factors across multiple disciplines. Birth Settings in America: Outcomes, Quality, Access, and Choice reviews and evaluates maternal and newborn care in the United States, the epidemiology of social and clinical risks in pregnancy and childbirth, birth settings research, and access to and choice of birth settings.

Birth of the European Individual

Birth of the European Individual
Author: Samuli Hurri
Publisher: Routledge
Total Pages: 265
Release: 2014-06-05
Genre: Law
ISBN: 1317938402

This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.

The Cambridge Companion to the Federalist Papers

The Cambridge Companion to the Federalist Papers
Author: Jack N. Rakove
Publisher: Cambridge University Press
Total Pages: 623
Release: 2020-03-12
Genre: History
ISBN: 1107136393

A multifaceted approach to The Federalist that covers both its historical value and its continuing political relevance.