Bøger i Studies in the History of Law and Justice serien

The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future.The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.

Pedro Dorado Montero was one of Spain¿s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Monterös proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries.In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed.Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ¿eclectic¿ label which traditional historiography has applied to him.In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind¿s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ¿Doradian positivism¿ is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked ¿ even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.

One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of ¿efficacy¿ can be found. In legal philosophy, ¿efficacy¿ is the capacity a norm has to effectively influence citizens¿ behavior. The ¿principle of efficacy¿ is that according to which an order or rule exists as such when it is followed effectively in practice. Here by ¿efficacy¿ I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as ¿natural law¿). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories.The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between ¿equality¿ and ¿vulnerability.¿ Here the idea is to elaborate a concept of ¿vulnerability¿ that is not underpinned by what we in Italy call an ¿anthropology,¿ that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely ¿efficacious,¿ that function ¿for what they are, and what they do.¿ This recognition doesn¿t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness.The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain ¿themes¿ that emerge in the texts examined, even as the authors write with and for their own specific,contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the ¿Braibanti affair¿).The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley¿s Department of Italian Studies.

This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance. The book¿s main goal is to provide, for the first time in English, a comprehensive source for those interested in the variety of states, constitutional and public legal orders which have succeeded one another during Transylvaniäs tumultuous history. It serves to underline the region¿s uniqueness as a space where (for better or worse) several nationalities, multiple religions and varied cultures have had to find a way to get along, under the pressures of external state and constitutional orders. It seeks to show both the positive and the negative solutions found, which advanced or hindered this goal of organised coexistence.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and 'the justice system' (police, judiciary and professionals working in the prison service) on the other.

Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500-1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized.

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions ¿ and their legal consequences ¿ in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

This book deals with Vitoria, Charles V and Erasmus. Vitoriäs ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus¿ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor.Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V¿s imperial policy, the book¿s goal is to explore the impact of Vitoriäs thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suarez and by the Dutch jurist Hugo Grotius.

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations.

Jurisprudence and Theology

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field.

This work focuses specifically on the 18th century supreme court of the Austrian Netherlands and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation.

The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert's involvement, and West Law references to these cases.This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective.

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights.

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms.

This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy.

This open access book can be downloaded from link.springer.comLegal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the 'religious' affinities of the constitutional preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law.

This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca.  It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern.There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law.The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights.

This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history.