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History (R0)

Renshan Zhang

Traditional Legal Culture in China

&lt;p&gt;Chapter 1. Culture of Rites and Etiquettes.- Chapter 2. Penal Culture and Practice.- Chapter 3. Culture of Legal Philosophies.- Chapter 4. The Culture of a Legal System.- Chapter 5. Contractual Culture.- Chapter 6. The Culture of Mediation.- Chapter 7. The Culture of Justice.&lt;/p&gt;

A Concise History of American Law traces the development of the US legal order from the colonial era to the twenty-first century. Emphasizing the essential role of the common law--derived from judicial precedent, rather than legislation--eminent legal historian William E. Nelson examines the foundations of the American rule of law and its interactions over time with political, economic, and societal transformations. Synthesizing the broad structural, institutional, and ideological changes embedded within American legal history illuminates the significant role courts have played in structuring politics and society. Nelson's accessible chronological narrative details how the rule of law has both facilitated change, by protecting the rights of those who advocate for it, and inhibited change, by acting as a conservative bulwark protecting the rights and property of the rich and powerful. Weaving this fundamental tension between law and politics into his pithy account of how the law was made and practiced over three centuries of American history, Nelson has produced an invaluable guide to the intricate evolution of the modern US legal system.

A Concise History of American Law

This is a study of elite English men of English law and the methods they used to retain and justify their power and privilege, through controlling the story of the legal person. It looks at how these men of legal authority thought of themselves and their institution; how they studied and explained law; and how they put themselves in the middle of it, as the standard human in need of legal regulation and protection and in charge of that regulation and protection, and assigned to women an inferior legal role and being. The main strategy used to do all this was manipulation of the concept of 'the legal person'. From the 1860s to the 1920s the courts declared that women were not 'persons' who could exercise public power - to vote, to sit in Parliament, to gain degrees, to be lawyers. Up to the end of the 20th century, and into the 21st, women's personhood remained precarious in the private sphere, for rape was excused within a marriage and female reproduction remained under state control (as it still does). The book examines the active exclusion of women from the means of making legal meaning, especially the ability to shape law's central concept and shows the epistemological effects of this sex differential of legal power which are still felt today. Leading legal thinkers who helped to masculinise the concept of the person, to the detriment of women, are still revered. Law's continuing male orientation is neither seen nor acknowledged and the legal person is treated (falsely) as if he had always been and remains anyone.

Why the Legal Person Remains a Man

Manning the Law

The untold stories behind New Zealand's tax system through the analysis of the critical junctures in the development of New Zealand tax law and policy. From the 1912 Waihi mining strike to modern asset-stripping rules, from century-old gambling taxes to decades-long debates over the taxation of capital gains, this book reveals the fascinating threads that weave through New Zealand's tax history. Bringing together the insights of judges, policymakers, administrators, and practitioners who have shaped the system, along with inputs from tax academics, this book offers both intimate personal accounts and authoritative outside perspectives on how taxation evolved in Aotearoa and what other countries can learn from it. Why has New Zealand debated a comprehensive capital gains tax for nearly sixty years without implementing one? How did public-private cooperation forge unique policy solutions? How has New Zealand both inspired international tax developments and boldly charted its own course, often diverging from the OECD's tax guidance? These questions and many more are answered through rigorous analysis and compelling storytelling. Whether you are a tax professional, a policy analyst, a tax scholar, a student, or simply curious about the history of taxation, this collection offers invaluable insights into one of the world's most competitive, and yet cohesively consultative, tax systems.

Critical Junctures and Development

New Zealand Tax Law and Policy

Studies in the History of Tax Law

This book is a continuation of the prestigious series investigating current tax policy debates in an historical context. The authors are a mix of senior tax professionals from academia, the judiciary, and practice, with representatives from 9 countries. The chapters fall within 3 basic categories: 1. UK tax, looking at a variety of topics ranging from income tax (introduction and deduction at source), tax administration (Scotland), cases and judges (Lord Wilberforce), to the Peasants' Revolt, indirect taxation (tonnage tax and excise), and tax concepts (beneficial ownership). 2. International taxation, with chapters on the origins of the international income tax order, the UN (1950s and 60s), and VAT (origins and procedure). 3. Non-UK tax systems, including chapters on income tax in Singapore and early developments in Japan, South Africa (GAAR), an influential Canadian report (Carter Commission), taxation in classical Athens, and in the medieval Italian city-states. Collecting papers from the biennial Cambridge Tax Law History Conference, the book is a key resource for those interested in tax law and legal history.

Studies in the History of Tax Law, Volume 12

This interdisciplinary collection illuminates the religious roots of marriage and divorce in Europe and their divergent history from the 18th century to the present day. The 18th century was a pivotal period in terms of how the rules governing marriage and divorce were determined, with authority to set and adjudicate on rules shifting from religious authorities to the state. This book evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, or norms and whether further suggestions for reform have been made. Volume 1 of A History of Family Law in Europe examines how, and the extent to which, marriage formation and dissolution are regulated in the written texts of the Catholic, Protestant, and Orthodox traditions. The contributors analyse the respective traditions' teachings on marriage formation, marital impediments, and dissolubility, including these traditions' views as to the socially binding character of these teachings. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe examine the regulation of marriage formation and dissolution in the context of religious and other cultural influences. This book brings together the insights of an international team of leading marriage-law scholars across Europe, and will be 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

Oxford Studies in the History of Economics

The Economic Thought of Leonardus Lessius

Money, Markets, and Merit

This book considers Section 21 of the Divorce and Matrimonial Causes Act 1857 and its significant impact on previously invisible married women in the 19th century.

Tens of thousands of women used this little-known section of the Act to apply for orders from local magistrates' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders that were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples. 

The detailed statistical analysis and rich case studies presented here provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made.

Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful - and unsuccessful - experiences of women applying to magistrates' courts and the Court for Divorce and Matrimonial Causes to protect their assets across regions and decades.

‘For Wives Alone’

Deserted Wives and Economic Divorce in 19th-Century England and Wales

This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.This work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.

Principle of Party Initiative

THE INSTANT SUNDAY TIMES BESTSELLER 'Natalie Livingstone's deeply researched, unfailingly fascinating book gives the many extraordinary women at or near the centre of the Nuremberg trials their proper, important, and often ignored place in history' Salman Rushdie 'Brilliant . . . History erased these women. Natalie is righting that wrong. So fascinating, you've got to get this book in your life' Chris Evans 'A book that is as interesting as it is important. Beautifully written and immaculately researched, Livingstone transforms what we think and know about a terrible moment in history by focusing on a group of remarkable women, their incredible stories and why their example should inspire us all' Peter Frankopan 'If you think you know all about the Nuremberg trials, you don't; not until you have read Natalie Livingstone's enthralling book' Simon Schama 'Paints eight talented and courageous women back into the picture . . . a masterclass in the restoration of sidelined voices . . . Poignantly told and magnificently written, I found it absolutely unputdownable' Hallie Rubenhold, author of The Five 'Nuremberg as you've never imagined it . . . passionately written and wrought in riveting detail, The Nuremberg Women delivers a hugely timely corrective to the historical record. A book that I will return to again and again' Damien Lewis 'Vivid, gripping and timely . . . restores the women of Nuremberg to their rightful place at the moral and emotional heart of the story . . . As pacy as a thriller and as powerful as its rawest testimony: a coruscating portrayal of courage, creativity and resilience in the face of unprecedented horror' Catherine Ostler 'Perceptive, meticulous and full of humanity. Expands our understanding of a critical episode of 20th century history' Jonathan Freedland, author of The Escape Artist 'A landmark book, urgent history for our current age' Kate Williams, author of Royal Women NUREMBERG, 1945. The eyes of a world desperate for truth, hope and justice turn to a courtroom where the leaders of the defeated Nazi regime sit in the dock. In this revelatory history, Natalie Livingstone sheds new light on the trial of the century, through the stories of extraordinary women whose importance has long been ignored. Anti-fascist journalist Erika Mann - daughter of Germany's most famous writer - came to Nuremberg seeking a reckoning with a Germany she had fled more than a decade before, while Hungarian countess Ingeborg Kálnoky found herself presiding over a guest house in which perpetrators and survivors of the Nazi's worst crimes lived side by side. Russian interpreter Tatiana Stupnikova would be forced to confront terrifying revelations about her country's recent history, and German writer Ursula von Kardorff, reporting on the trials for domestic audiences, found herself torn between the evidence of the courtroom and a selective memory of her work for the Third Reich. Although she was barred from speaking in court on account of her gender, American lawyer Harriet Zetterberg assembled some of the most important prosecution cases, while British painter Laura Knight produced the most famous image of the courtroom. Rebecca West, the celebrated writer, arrived feeling lost and depleted and hoped the proceedings at Nuremberg might somehow shock her back to life. And Auschwitz survivor and French Resistance fighter Marie-Claude Vaillant-Couturier's defiant, devastating testimony laid the foundations for the world's awareness of the Holocaust. Seen through the eyes of these astonishing women, the story of Nuremberg is a monumental human drama full of hope and romance, terror and conflict. It is the story of a search for truth among misinformation, love among ruins and light in overwhelming darkness. Eighty years after the trials, The Nuremberg Women offers a gripping new account of one of the defining events of the twentieth century. 'Livingstone has an eye for drama and an effortless fluency that keeps the pages turning . . . such a fresh and compelling narrative' The Spectator 'This is a kaleidoscopic eight-life biography with electrifying stories. . . . And like a knife, it brilliantly slices through the machismo, violence and mass horror inflicted by men in the war, in the absence of female influence' Independent 'Livingstone is skilful at building a rounded picture of the trials in the course of giving the reader a vivid sense of these women's experiences' Observer

THE INSTANT SUNDAY TIMES BESTSELLER - 'Transforms what we think we know' Peter Frankopan

The Nuremberg Women

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

From renowned, prize-winning historian Frank Dikötter - 'the historian of China' (Spectator) - a commanding new history of China's path to Communism, brought to the people at the barrel of a gun The history of modern China has long been portrayed as a tale of Communists fighting in the hills for freedom, gradually gaining popular support by taking land from the rich and giving it to the poor. Drawing on a wealth of archival evidence, Red Dawn Over China reveals how unlikely the Party's victory actually was, had it not been for financial and military support from the Soviet Union. Established in 1921 under the direct guidance of Moscow, for the best part of a decade the Communist Party left a trail of destruction, besieging towns and plundering the countryside. When the Communists managed to hold territory, they reduced the villagers to a state of servitude, undermining belief in their cause as well as the local economy. By 1936 they had the same popular appeal as an obscure religious sect. A brutal war of occupation by Japan allowed them to survive far behind enemy lines. After Soviet troops invaded Manchuria in 1945 and provided more money and munitions, the Communists at long last prevailed through a pitiless war of attrition, driven by an unflinching will to conquer at all costs. In this riveting tale told with great narrative verve, Frank Dikötter reveals how thirteen delegates gathered in a dusty room in 1921 ended up raising the red flag over the Forbidden City in 1949, forever altering the course of history for a quarter of humanity and shaping the world as we know it today. Praise for Frank Dikötter and the People's Trilogy: 'Harrowing and brilliant' Ben Macintyre 'Gripping and masterful' Simon Sebag Montefiore 'One of the few books that anyone who wants to understand the twentieth century simply must read' New Statesman

Traditional Legal Culture in China

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