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Author: Lorenzo Maniscalco
Publisher: BRILL
Published: 2020-07-20
Total Pages: 253
ISBN-13: 9004404813
DOWNLOAD EBOOKEquity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Author: Sophie Turenne
Publisher: Cambridge University Press
Published: 2023-04-30
Total Pages: 307
ISBN-13: 1009246372
DOWNLOAD EBOOKEssays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
Author: Darrin M. McMahon
Publisher: Basic Books
Published: 2023-11-14
Total Pages: 476
ISBN-13: 0465093949
DOWNLOAD EBOOKThe definitive history of the idea of equality—and why we’re so ambivalent about it Equality is in crisis. Our world is filled with soaring inequalities, spanning wealth, race, identity, and nationality. Yet how can we strive for equality if we don’t understand it? As much as we have struggled for equality, we have always been profoundly skeptical about it. How much do we want, and for whom? Darrin M. McMahon’s Equality is the definitive intellectual history, tracing equality’s global origins and spread from the dawn of humanity through the Enlightenment to today. Equality has been reimagined continually, in the great world religions and the politics of the ancient world, by revolutionaries and socialists, Nazis and fascists, and postwar reformers and activists. A magisterial exploration of why equality matters and why we continue to reimagine it, Equality offers all the tools to rethink equality anew for our own age.
Author: Michael Lobban
Publisher: Cambridge University Press
Published: 2020-09-03
Total Pages: 353
ISBN-13: 1108863752
DOWNLOAD EBOOKNetwork and Connections in Legal History examines networks of lawyers, legislators and litigators, and how they shaped legal development in Britain and the world. It explores how particular networks of lawyers - from Scotland to East Florida and India - shaped the culture of the forums in which they operated, and how personal connections could be crucial in pressuring the legislature to institute reform - as with twentieth century feminist campaigns. It explores the transmission of legal ideas; what happened to those ideas was not predetermined, but when new connections were made, they could assume a new life. In some cases, new thinkers made intellectual connections not previously conceived, in others it was the new purposes to which ideas and practices were applied which made them adapt. This book shows how networks and connections between people and places have shaped the way that legal ideas and practices are transmitted across time and space.
Author: Renato Beneduzi
Publisher: Springer Nature
Published: 2021-07-01
Total Pages: 180
ISBN-13: 3030780678
DOWNLOAD EBOOKThis is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Author: Derek Dunne
Publisher: Springer
Published: 2016-04-12
Total Pages: 239
ISBN-13: 1137572876
DOWNLOAD EBOOKThis book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.
Author: John Witte, Jr.
Publisher: Oxford University Press
Published: 2023
Total Pages: 921
ISBN-13: 019760675X
DOWNLOAD EBOOKThis volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
Author: Charles McNamara
Publisher: Fortress Press
Published: 2024-12-10
Total Pages: 150
ISBN-13: 1506495109
DOWNLOAD EBOOKThe language of "equity" saturates our contemporary culture. Human-resources departments lead workshops on "diversity, equity, and inclusion." Progressive politicians promise "equity" in everything from housing to healthcare, while their conservative counterparts decry "equity" as a modern invention and a rejection of classical, Western culture's moral principles. Learning to Be Fair shows that nothing undermines that objection more than reading the foundational texts of Western moral philosophy. Despite its newfound popularity (or infamy), the concept of equity is in fact one of the oldest, most durable principles of Western ethics. In Learning to Be Fair, Charles McNamara excavates the ancient origins of equity in classical Greek and Roman thought and traces their influence on lawyers, philosophers, America's Founding Fathers, and our contemporary culture. He shows how this history connects current debates about the role of equity to long-standing ethical questions about civil disobedience and the possibility of teaching people to be good.
Author: Valentina Lepri
Publisher: Walter de Gruyter GmbH & Co KG
Published: 2023-11-20
Total Pages: 264
ISBN-13: 311107272X
DOWNLOAD EBOOKHow can we portray the history of Renaissance knowledge production through the eyes of the students? Their university notebooks contained a variety of works, fragments of them, sentences, or simple words. To date, studies on these materials have only concentrated on a few individual works within the collections, neglecting the strategy by which texts and textual fragments were selected and the logic through which the notebooks were organized. The eight chapters that make up this volume explore students' note-taking practices behind the creation of their notebooks from three different angles. The first considers annotation activities in relation to their study area to answer the question of how university disciplines were able to influence both the content and structure of their notebooks. The volume's second area of research focuses on the student's curiosity and choices by considering them expressions of a self-learning practice not necessarily linked to a discipline of study or instructions from teaching. The last part of the volume moves away from the student's desk to consider instructions on note-taking methods that students could receive from manuals of various kinds.
Author: Luis de Molina
Publisher: CUA Press
Published: 2024
Total Pages: 171
ISBN-13: 0813237491
DOWNLOAD EBOOKIn his monumental On Justice and Rights, the Jesuit Luis de Molina (1535-1600) discussed the legal and ethical aspects of the Portuguese trade in African and Asian enslaved persons. Molina surveys, develops, and problematizes the criteria necessary for the legitimate possession, sale, and purchase of human freedom. He insists that, even under legally valid slavery, persons who have sold or lost their freedom have inalienable rights as human beings, such as the freedom to make contracts, to marry, and even, under certain circumstances, to sue their owners in court. Molina also devotes attention to the ways in which slavery could be ended and whether and under what circumstances slaves had the right to escape from their owners. Well informed about the political structures and customs of many peoples in Africa, as well as Japan, China, and India, Molina paints a vivid and detailed picture of Portuguese trade. He gives specific accounts of the origins and development of the slave trade, region by region, and of the nature of the relationship between local rulers and the Portuguese kingdom. In doing so, he carefully describes the deception, coercion, and general indifference that pervades this trade regarding the rights to freedom of these people. It also attempts to identify the political, ecclesiastical, and market agents involved in this great injustice and their varying degrees of culpability. While Molina does not condemn slavery as a legal institution, the deeply flawed and even immoral behavior of sellers, buyers, regulators, and political rulers both in Portugal and in the slave-supplying regions that Molina denounces casts a heavy shadow on the morality of the trade.
