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This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and deter
This book examines the marriages of British peers to American women within the context of the opening up of London and New York society and the growing competitiveness for high social status. In London, American women were often blamed for the growing hedonism and materialism of smart society and for poaching in the marriage market. They were invariably described as frivolous, vain and calculating – a description which points to the simmering anti-American sentiment in Britain. It was even suggested that titled Americans were having a detrimental effect on the British peerage because of their failure to produce male heirs. A brilliant analysis of the reasons why American women were viewed pejoratively not only in terms of anti-American feeling and the social transformation of the British upper class, but also the threat of women who did not appear to conform to aristocratic notions of a peeress’s duties as a wife and mother. Originally published in 1989, this book has unique appendices listing details of peer marriages in this 1870-1914 period.
This book breaks new ground by offering the first detailed and systematic analysis of inheritance practices in New York City from the beginning of Dutch settlement in the 1620s to the onset of the American Revolution. By analyzing a broad range of original sources--including more than 2,300 wills--David E. Narrett shows how the transmission of property at death reflected the distribution of power and authority within the family. The author makes an especially important contribution to early New York history by explaining the Dutch origins of social and family customs, and by tracing the persistence of Dutch ways following the English conquest of New Netherland in 1664. He demonstrates that seventeenth-century Dutch law was particularly favorable to women since it sanctioned community property within marriage, the drafting of mutual wills by spouses, and the equal (or nearly equal) division of property among all children. While the book maintains its comparative focus on the Dutch and English traditions, it also includes material on other ethnic groups (for example, French Huguenots and Jews) living in a pluralistic society. Narrett utilizes both Dutch and English language sources to examine such pertinent topics as the relationship between law and social custom, primogeniture, kinship and communal ties, charitable bequests, the manumission of slaves, and the literacy level of testators.Written in a clear and precise manner, the book includes many tables that will give readers immediate access to supporting data, and a conclusion establishes the relationship of Narrett's findings to relevant scholarship. A valuable addition to the literature on inheritance, this is a book whose conclusions and data will be mined by colonialists, legal historians, and historians of women and the family.
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Reproduction of the original: Prolegomena by Julius Wellhausen