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Harlow R: Jane Roe

Jane Roe

The Case Behind America's Most Contested Constitutional Right

Philosophical Foundations of Law

Philosophical Foundations of Disability Law

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments.But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history.Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept.Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

This book provides a timely and much-needed critical legal review of children's participation in healthcare that goes beyond merely documenting the extent and scope of participation, and explores the importance, definition of, and barriers to their meaningful participation. Addressing a gap in the literature, the book uses a combination of empirical data, childhood and participatory theory, and legal analysis to study the participation of children and young people in the medical context from a child's rights perspective. Centring the unheard and underrepresented lived experiences of recent and past child patients, and doctors, the book uses Interpretative Phenomenological Analysis, a methodology traditionally used in psychology, to provide a refreshing and unique exploration of children's participation in their healthcare. The book explores to what extent national law and international non-binding conventions have created a 'right' to participation, studies the application of national law in clinical practice asking whether the law facilitates meaningful participation, and analyses the interaction between law and quasi-legal regulations. The book will be useful for academics, children's activists, and legal and clinical practitioners.

Medical Decision-Making with Children and Young People

Late medieval Bruges was a commercial hub that connected Hanseatic, English, Scottish, Portuguese, Spanish, Aragonese, and Italian traders. This book focuses on the conflict resolution of the aldermen and how merchants operated within this legal framework. The key question being whether Bruges was a city of justice. Although this was sometimes claimed by travellers, a lot of merchants confronted with the practicalities of conflict resolution in Bruges, disagreed. Fieremans analyses how customary law, institutional frameworks, and commerce intersected and were challenged by the aldermen's pursuit of justice. By clarifying the working of the aldermen, it advances our knowledge of the basic mechanisms of a late medieval law court and the evolution of the law courts of late medieval Flanders. Taking an interdisciplinary approach, the book focuses on the interplay between commerce and justice, explores the diverse merchant communities, and considers the potential lessons it offers for understanding both historical and modern markets. It sheds light on the pragmatic legal culture of Bruges and the legal mechanisms that partially regulate commerce.

Foreign Merchants in a City of Justice

Law, Leverage, and Litigation in Late Medieval Bruges

Landmark Cases

Part of the iconic Landmark Cases series, this book brings the most significant cases in charity law together for the first time. More than four hundred years have passed since the Statute of Charitable Uses of 1601, whose Preamble set out a list of charitable purposes which has formed the basis of the modern legal definition of charity. This book explores the substantial body of judge-made rules and principles developed since then, highlighting a carefully curated selection of the landmark cases which have shaped charity law. Each chapter analyses one or more judicial decisions, setting them in their historical context, explaining their contemporary importance, and considering their future relevance. The selected cases cover a broad range of topics. Some go to the heart of what it means to be a charity, elucidating charity's legal definition and public benefit requirement. Others demonstrate how charity law has been shaped by its interaction with other bodies of law, including trust law, company law and equality law, and by emerging tensions between trustees' overriding duty to further the charity's purposes and broader moral obligations or ethical considerations. The book has a core focus on English precedents, but the cases are touchstones in many jurisdictions. Our contributors therefore include scholars, judges and practitioners from Australia, Canada, New Zealand and Singapore, as well as from the UK. The result is a book that sheds new light on the application and development of charity law's defining rules and principles across the common law world.

Landmark Cases in Charity Law

The Law That Never Was

Informal Decision Making in the European Community Under the Luxembourg Compromise

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

Henry Maine's Ancient Law as an Expression of Victorian Humanism

This book champions the work of women in legal history, and their contributions to both the discipline and feminist activism over nearly two centuries. It considers women in academia, which was, in theory, open to women before they could become lawyers in most European countries. And it considers women working beyond the academy: many studied legal history in other ways; in local history societies, through archival work, and via activism. Women legal historians have been under-recognised or forgotten altogether, even where they made substantial scholarly contributions. In focusing on the work of women in legal history, this book lays the foundations for a transformational reassessment of the discipline. It asks searching questions about what counts as legal history. It demonstrates that work by and about women should appear in our legal history courses, be discussed in our seminars, and be cited in our academic work. If the field of legal history is lively, innovative, and wide-ranging, everyone working in it benefits. By shining a light on undervalued scholarship, and areas which have received insufficient attention, we challenge assumptions in our discipline and advance its methods. Whilst some women were pioneers and worked to change gendered aspects of the law, others led more ordinary lives, disappearing from the gaze of legal history even as they contributed to it. This book tells some of their stories.

Making and Shaping a Discipline

Celebrating Women in Legal History

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

Anthem Critical Introductions

A history of immigration law as a legal discipline: how it has been constrained and unconstrained by developments in migration policy, international law, constitutional law and legal theory.

An Intellectual History of Migration Law and Policy c.1535-2020

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Jane Roe

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