Studies in History and Jurisprudence PDF Download

Author: James Bryce Bryce (Viscount)
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 482

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Author: James Bryce
Publisher: Jazzybee Verlag
ISBN: 3849650162
Category : Law
Languages : en
Pages : 553

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This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.

Author: Michael Burgess
Publisher: Routledge
ISBN: 113515810X
Category : Political Science
Languages : en
Pages : 515

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Federal Democracies examines the evolution of the relationship between federalism and democracy. Taking the late 18th century US Federal Experience as its starting-point, the book uses the contributions of Calhoun, Bryce and Proudhon as 19th century conceptual prisms through which we can witness the challenges and changes made to the meaning of this relationship. The book then goes on to provide a series of case studies to examine contemporary examples of federalism and includes chapters on Canada, USA, Russia, Germany, Spain, Belgium, Switzerland and the emerging European Union. It features two further case studies on Minority Nations and a Federal Europe, and concludes with two chapters providing comparative empirical and theoretical perspectives, and comparative reflections on federalism and democracy. Bringing together international experts in the field this book will be vital reading for students and scholars of federalism, comparative politics and government.

Author: James Bryce
Publisher:
ISBN:
Category :
Languages : en
Pages : 772

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Author: Leslie Green
Publisher: Oxford University Press, USA
ISBN: 0199679835
Category : Law
Languages : en
Pages : 317

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Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.

Author: Peter Adamson
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110552183
Category : Philosophy
Languages : en
Pages : 354

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This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0191039837
Category : Reference
Languages : en
Pages : 841

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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Author: Andrea Bosco
Publisher: Cambridge Scholars Publishing
ISBN: 1443869996
Category : Political Science
Languages : en
Pages : 565

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In spite of the general phobia of federalism, there is a strong federalist trend within British political culture. In three very different historical contexts, federalism inspired the action of political movements such as the Imperial Federation League, the Round Table and the Federal Union. Indeed, it was regarded as the solution to problems arising from the first signs of the possible collapse of Great Britain and its Empire. The Round Table Movement played a particularly interesting role in this regard, attempting to reverse the rapid and inexorable decline of the British Empire. It was a political organisation with roots in all the major peripheries of the Empire and almost unlimited financial resources. This volume discusses the strategies and means employed by the group in order to maintain the British Empire’s global prominence. The book’s main argument is that we did not have a “British century” – the nineteenth – and an “American century” – the twentieth – but, rather, four centuries of Anglo–Saxon supremacy, which witnessed the affirmation of the national principle – expression of the Continental political tradition – and its overcoming through its opposite, the federal principle, the expression of the insular political tradition.

Author: Andrew Porwancher
Publisher: University of Missouri Press
ISBN: 0826273637
Category : Law
Languages : en
Pages : 236

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Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.

Author: John Kendle
Publisher: Routledge
ISBN: 1134725442
Category : History
Languages : en
Pages : 238

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The United Kingdom faces with two major federal constitutional debates. The first is about the nations which comprise the British state and hence the division of power between Westminster and regional parliaments of Wales, Scotland and Northern Ireland. The second surrounds the United Kingdom and the European Union. This text explores the British engagement with the federal idea from the early 1600s onwards, and sets contemporary discussions in context. In the past four centuries, the British have often looked to the federal idea as a possible solution to problems of the unity of the United Kingdom and of the British Empire. This period has also seen successful adoption of federalism by many countries, including Britain's former colonial possessions. John Kendle examines the break-up of the first British empire and the development of modern federalism. As well as discussing the Anglo-Irish relationship and the United Kingdom's relationship to Europe, the author focuses on other contemporary issues such as the world order, imperial federation and decolonization.