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The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.
A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth-century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self-control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?