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Author: Julia Rudolph
Publisher:
Published: 2013
Total Pages: 340
ISBN-13: 1843838044
DOWNLOAD EBOOKThe book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
Author: Rebecca Probert
Publisher: Bloomsbury Publishing
Published: 2021-03-11
Total Pages: 216
ISBN-13: 135007926X
DOWNLOAD EBOOKThe period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: Mark Fortier
Publisher: Routledge
Published: 2016-03-16
Total Pages: 163
ISBN-13: 1317036646
DOWNLOAD EBOOKDrawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.
Author: Andrew Forsyth
Publisher: Cambridge University Press
Published: 2019-04-11
Total Pages: 173
ISBN-13: 110847697X
DOWNLOAD EBOOKPresents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author: Richard Devetak
Publisher: Oxford University Press
Published: 2024-04-18
Total Pages: 369
ISBN-13: 0192699520
DOWNLOAD EBOOKInternational Relations and History were once academic fields sharing a common concern with the affairs of empires, states, and nations. Over the course of the twentieth century, however, they drifted apart. International Relations largely retained the focus on the affairs and relations of these principal international actors but took a methodological turn leading to higher levels of theoretical abstraction. History, on the other hand, retained the methods that define the discipline but shifted the focus, veering away from matters of state to the vast array of actors, events, activities, and issues that colour everyday life. In recent years, the drift has been arrested by scholars in each discipline who have turned towards the other discipline in their research. International Relations has undergone a 'historiographical turn' while History has taken an 'international turn'. Rise of the International brings together scholars of International Relations and History to capture the emergence and development of the thought, the relations, and the systems that have come to be called international in western discourse. The evidence offered by contributors to the volume suggests there has been no single, stable, unchanging concept or object of theoretical reflection or historical investigation that can be called 'the international', but a variety of historically contingent conceptualizations across different contexts.
Author: Jose Bellido
Publisher: Bloomsbury Publishing
Published: 2017-09-07
Total Pages: 411
ISBN-13: 1509904689
DOWNLOAD EBOOKThis volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
Author: Matthew Crow
Publisher: Cambridge University Press
Published: 2017-03-17
Total Pages: 295
ISBN-13: 1108155987
DOWNLOAD EBOOKIn this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.
Author: Nigel Aston
Publisher: Oxford University Press
Published: 2023-09-19
Total Pages: 844
ISBN-13: 0198872887
DOWNLOAD EBOOKEnlightened Oxford aims to discern, establish, and clarify the multiplicity of connections between the University of Oxford, its members, and the world outside; to offer readers a fresh, contextualised sense of the University's role in the state, in society, and in relation to other institutions between the Williamite Revolution and the first decade of the nineteenth century, the era loosely describable (though not without much qualification) as England's ancien regime. Nigel Aston asks where Oxford fitted in to the broader social and cultural picture of the time, locating the University's importance in Church and state, and pondering its place as an institution that upheld religious entitlement in an ever-shifting intellectual world where national and confessional boundaries were under scrutiny. Enlightened Oxford is less an inside history than a consideration of an institutional presence and its place in the life of the country and further afield. While admitting the degree of corporate inertia to be found in the University, there was internal scope for members so inclined to be creative in their teaching, open new research lines, and be unapologetic Whigs rather than unrepentant Tories. For if Oxford was a seat of learning rooted in its past - and with an increasing antiquarian awareness of its inheritance - yet it had a surprising capacity for adaptation, a scope for intellectual and political pluralism that was not incompatible with enlightened values.
Author: R. H. Helmholz
Publisher: Harvard University Press
Published: 2015-06-08
Total Pages: 285
ISBN-13: 0674504585
DOWNLOAD EBOOKNatural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author: Susan Paterson Glover
Publisher: Routledge
Published: 2018-01-19
Total Pages: 220
ISBN-13: 1317029283
DOWNLOAD EBOOKSusan Paterson Glover here presents, in modern type, a critical edition of the first printed work by an English woman writer, Sarah Chapone, on the inequity of the common law regime for married women. Glover's extended, original introduction provides an account of Chapone's life; a discussion of the influence of Mary Astell's work on Chapone's thought and work; and a review of the legal status of women in England's eighteenth century, with particular attention to marriage and the doctrine of coverture and the relations of women, law, and property. It concludes by acknowledging the importance of this text to any consideration of the evolution of a discourse of "rights" for women in the Anglo–American legal tradition, and its contribution to a movement for property rights and women's equality whose genesis is generally located in the legislative changes of the nineteenth century. The edition contains valuable appendices including, among other writings, excerpts from Chapone's correspondence with Samuel Richardson; excerpts of responses to Chapone's work from the Weekly Miscellany; and excerpts from contemporary legal literature. Also included is an annotated text of Chapone's pamphlet on the Muilman controversy, Remarks on Mrs. Muilman's Letter to the Right Honourable The Earl of Chesterfield (London, 1750).
