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Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
This highly acclaimed collection provides a unique look into the public and private lives and legal status of Greek and Roman women of all social classes-from wet nurses, prostitutes, and gladiatrixes to poets, musicians, intellectuals, priestesses, and housewives. The third edition adds new texts to sections throughout the book, vividly describing women's sentiments and circumstances through readings on love, bereavement, and friendship, as well as property rights, breast cancer, female circumcision, and women's roles in ancient religions, including Christianity and pagan cults.
Reveals how people thought about, used, manipulated and resisted the law from the eighteenth to the twentieth century, focusing on everyday legal experiences.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law’s fragile malleability.
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.