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La Jurisprudence du cÃ(c)lÃ¨bre
conseiller et jursiconsulte Guy Pape, d

La Jurisprudence du cÃ(c)lÃ¨bre conseiller et jursiconsulte Guy Pape, dans ses dÃ(c)cisions

Literatures, Cultures, Translation

Interpreting The Amistad Trials traces the signal importance of interpreters and translators in the famous 19th-century Amistad case and discusses how race, ethnicity, slavery, and colonialism shaped this story. From the recruitment process to the various oral to sign languages that mediated linguistically in the Africans' life inside and outside the courtroom, and from evidentiary documents to fraudulent translations to credible testimonies, Jeanette Zaragoza-De León demonstrates the crucial importance of translation and interpretation in the Amistad plot and outcome. De León examines handwritten letters, pamphlets, newspapers, and judicial files, and adopts a critical race theory and postcolonial lens to analyze these materials. Although these critical interpretations and translations travelled transatlantically via Europe, Africa, the Caribbean, and the United States, De León highlights the common thread which also geographically unites Venezuela, Puerto Rico, and the Dominican Republic as part of the Amistad story. One of the most comprehensive studies of recorded events in the history of interpretation and translation in the Americas, Interpreting The Amistad Trials is a valuable resource for researchers studying coloniality, enslavement, race and ethnic studies and examining how these issues mattered then and now.

How Interpreters and Translators Make and Shape History

Interpreting the Amistad Trials

Luiz Gama V. Slavery: A Black Lawyer Fighting for Freedom and Justice in Nineteenth-Century Brazil

This book offers the first detailed study of women's legal status in early modern Liège, an otherwise largely overlooked case in European legal history. It follows women across the course of their lives, from birth to widowhood, to show how their legal position and control over property shifted over time, depending on their social status and place within the family. Drawing on a substantial body of wills and marriage contracts from notarial practice, it moves beyond traditional sources to show how the law actually worked in everyday practice, and who took part in its creation. By bringing all these elements together, this book offers a nuanced picture of how law and gender interacted in early modern Europe.

Women's Legal Status Between Customary Law, Notarial Practice and Ius Commune (16th-17th Century)

Women and the Law in Early Modern Liège

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

The history of equity takes in questions of philosophy, theology, jurisprudence and legal history. When we speak of 'equity', do we mean Aristotelian epieikeia, civilian aequitas, a theological or juridical conscience, the common law concept of the 'equity of the statute', or merely the rules applied by the Court of Chancery before 1875? The purpose of this volume is to chart the evolution of equity in English legal history from the medieval period to the present day. Whether by investigating the historical foundations of the modern law, the jurisprudential underpinnings of the equitable jurisdiction, or the socio-political context of discrete legal developments, this collection exposes the strands of thought which 'equity' comprises and the mechanisms by which its rules evolved.

Essays on the History of Equity

Sharing economy promised a way of using property for the mutual benefit of owners and consumers, but in the last decade it has only worked to profit large commercial platforms. This book shows how institutions of risk management are part of this problem and offers a solution: collaborative risk structures. The book uncovers risk as the missing element in accounts of property theory and sharing economy. Drawing on diverse insights from economic theory and legal studies, it explains how property and private law form a risk management infrastructure which reinforces private property, and examines the paralysing effects this has on sharing, by constraining it to extractive market relations and stifling its collaborative potential. The book argues that overcoming these constraints is key to realising collaborative property and curbing the drawbacks of private ownership. It proposes institutional design principles and offers heuristic solutions such as radical uses of private law tools and insurance mechanisms to build a collaborative risk system capable of supporting more equitable and diversified forms of sharing.

Risk in the Sharing Economy

This edited collection investigates the religious roots of marriage and divorce in Catholic, Protestant, and Orthodox nations across Europe and shows how their laws have evolved and diverged, from 1700 through to the present day. The eighteenth century was a pivotal period for the rules governing marriage and divorce, with the authority to establish and adjudicate on them shifting from church to state. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, and norms, and asking what other proposals for reform might have been on the agenda. As Volume 1 of A History of Family Law in Europe, this book examines how, and to what extent, marriage and divorce are regulated in the written texts of Europe's various religious traditions. The contributors analyse each system's teachings on marriage formation, marital impediments, and dissolubility, including ideas on the socially binding character of those precepts. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe explore the regulation of marriage formation and dissolution in the context of religion and other cultural influences. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories brings together the insights of an international team of leading marriage-law scholars from across Europe, and is a significant resource for scholars of family law, legal history, and the history of religion.

The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

A History of Family Law in Europe, Volume 1

Foundations, Flaws, and Futures

Fundamental Rights for Non-Humans

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

This book offers a novel jurisprudential account of law by arguing for a conceptual understanding of participation as foundational to a general explanation of law and legitimate authority. In doing so, the book challenges dominant accounts, arguing that the existing failure to separate an explanation of law's authority from the concept of its legitimacy has left a general explanation of law incomplete. From this, the book argues, both general jurisprudence and broader society have suffered. This is especially so for societies that tend to fall outside the Euro-American concern of much mainstream analytical jurisprudence. The historical experience of such societies, however, reveals much of normative and analytical significance. Bringing together normative, historical archival, and case study analysis, the book develops a positive account of law that highlights the importance of participation as a multifaceted process in the continuous historical development of law and legal system in any society. This account, the book argues, is crucial to a more complete explanation of law's authoritative function and normative legitimacy. The book's account of participation, further, foregrounds a broader and more normatively robust understanding of the relationship between a general explanation of law and other philosophically fundamental ideals, namely: freedom, justice, democracy, and deliberation. The book's examinations, which integrate arguments from scholarship in African political philosophy with mainstream arguments in analytical jurisprudence, lead it to new and original answers to longstanding questions in legal philosophy about the nature of law's authority, it's legitimate justification and, the grounds also, for collectively disobeying it.

Participation, Freedom, and the Communal Question of Justice

Law’s Moral Legitimacy

La Jurisprudence du cÃ(c)lÃ¨bre conseiller et jursiconsulte Guy Pape, dans ses dÃ(c)cisions

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