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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;

Contemporary Studies in Corporate Law

This book provides histories of company law, uniting a variety of approaches from law, business and management, economics, and history. What were the origins of company law? How did it begin? Why did it change? There is no single answer to these questions. Each discipline, and sub-discipline, has a different approach and method that brings different facets of study to the fore. This multidisciplinary endeavour is immensely valuable for debates taking place now among policy-makers in the UK and US about returning to historic modes of company regulation. The book brings together Anglo-American scholarship that will not only shed greater light on the history of company law but also influence contemporary debates about our ability to return to, or learn from, the past. Historical research has great value here because it not only generates new insights into the evolution of present legal rules, but also corrects misunderstandings and misapprehensions about them. The book shows how this body of law developed to become the rules with which we are now familiar. It showcases antecedents of present debates, reveals regulatory lessons from previous legal regimes, identifies instances of path dependency, unpicks pivotal legal events, and explains drivers for legal change. The chapters re-evaluate the history of company law, and the knowledge gathered here will inform the law-making and policy-making agenda.

Methods and Approaches

The Origins of Company Law

Routledge Revivals

First published in 1949, this book was primarily written for all who had to do with delinquent children. What is probation? What happens to the person put on probation? What good is it supposed to do to him or to society? These are the questions which this book sets out to answer.

Probation and Re-Education

Originally published in 1922, Juvenile Delinquency was written while the author was Director of the Ohio Bureau of Juvenile Research. He believed that juvenile delinquency could be prevented and therefore a large part of adult criminality could be eradicated. He states in the preface that the book does not tell you how this will be achieved: 'It contains no cut and dried solution. But ... it may help advertise the fact that there is a small body of people who think they see a ray of light in the darkness. ...'. Today it can be read in its historical context.This book is a re-issue originally published in 1922. The language used and views portrayed are a reflection of its era and no offence is meant by the Publishers to any reader by this re-publication.

Juvenile Delinquency

Palgrave Studies in Classical Liberalism

“An Evolutionary Account of Law&nbsp;is a landmark contribution bridging classical evolutionary thought and cutting-edge social science. Santanatoglia masterfully integrates insights from the Scottish Enlightenment and Hayek with evolutionary game theory and cognitive science, presenting legal rules as stable strategies emerging from individual interactions rather than top-down constructs. This genuinely novel framework is essential reading for anyone seeking to understand how normative orders emerge, stabilize, and change.“&nbsp;
—Jason McKenzie Alexander, Professor of Philosophy, London School of Economics and Political Science, UK
“This very well argued book offers firstly a complete examination of the theories of justice of classical philosophers, as David Hume, Adam Smith and Friedrich von Hayek. Secondly, and more important, brings a thought provoking examination of the often neglected thesis about the influence of evolution in the sphere of law. A mandatory book for everyone interested in legal and political philosophy.”
—Martín Diego Farrell, Professor Emeritus, Law School of the University of Buenos Aires, Argentina
This book offers a comprehensive, modern understanding of legal philosophy through an evolutionary lens. Taking a highly interdisciplinary approach throughout, the book first explores the history of ‘classic evolutionism’, regarding theories of law and justice from the authors of the Scottish Enlightenment to Hayek. The second part of the book analyses the contributions of new schools of thought, including evolutionary psychology, evolutionary game theory and co-evolutionist theories. The final part of the book builds a fresh argument for a modern evolutionary account of law, considering key methodological debates and the evolution at its three levels – biological, social and individual – to explain the emergence, stabilization and change of legal rules.
This book is a timely addition to the growing interest in evolutionary thinking across the sciences, and will be of interest to a wide range of scholars including historians and philosophers of law as those interested in the intersection of law and psychology, law and economics, and the classical liberal tradition.
Eliana María Santanatoglia is a Professor in the Department of Philosophy of Law at the University of Buenos Aires, Argentina, and the co-founder and Executive Director of the David Hume Institute Foundation – Centre for Research in Normative and Institutional Evolution.

The Role of Evolutionary Thinking in Legal Theory and Philosophy

An Evolutionary Account of Law

In challenging Eurocentric histories and accounts of international law, this book introduces an alternative history of pre-independence India.Western scholars trace the genesis of international law to Europe. However, scholars from the Global South trace the history of international law to different civilisations of the world existing since ancient times. They argue that European narratives are not sufficient to explain the true history of international law and that the history of international law should shed itself of its Eurocentrism and adopt a multi-civilisational perspective, according to which local and national histories can contribute towards a truly global history and in so doing enhance the legitimacy of international law. Taking up this perspective, the author traces the history of key elements of international law - such as diplomacy, trade and war - in and to pre-independent India. As Grotius himself acknowledged, in taking his cue from the practices of Asian States whilst arguing for the freedom of the seas, the author thereby elicits the contribution made by India, among other Global South nations, to the evolution and development of international law.The History of International Law in India is an alternative account of the history of international law and will appeal to scholars and students in the areas of legal history, international law -especially Third World approaches to international law - and South Asian Studies.

Beyond Eurocentrism

The History of International Law in India

History, Theory, Consequences

Truth About Natural Law

Oxford Handbooks

The Oxford Handbook of Jewish Law

Oxford Monographs on Criminal Law and Justice

The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because typical offense conduct violates multiple statutes carrying different maximum – and minimum – sentences, by choosing the charge, the prosecution commonly also chooses the sentence. The Court, however, holds that when judges exercise sentencing discretion, due process requires impeccable neutrality and adversary hearings. Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years – or even decades – in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment. Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration – a problem that otherwise is more likely to get worse than better. This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.

Due Process of Time

Sentencing Discretion and the Constitution

Legal Experts Examine 25 Influential Cases

Landmarks in American Automotive Law

Routledge Library Editions: Soviet Society

Soviet Russia Fights Crime (1934) examines the workings of the Soviet penal system in the pre-war years of the Soviet Union. It is a valuable insight into prison life in Soviet Russia, in both prisons and prison colonies, with the author being allowed remarkably free access to certain institutions.

Soviet Russia Fights Crime

First published in 2001, The Criminalisation of Stalking fills a much-needed gap by drawing upon a range of methodologies to present a thorough examination of the way in which stalking became perceived as a pressing and prevalent social problem in need of legal intervention.

Constructing the Problem and Evaluating the Solution

The Criminalisation of Stalking

The first biography in decades of one of the most extraordinary and singular figures in American jurisprudence: a small-time lawyer--with one year of law school--who joined FDR's administration and became, in rapid succession, U.S. Solicitor General, Attorney General, and Supreme Court Justice. Robert H. Jackson's most enduring legacy, however, may have been his work as chief U.S. prosecutor at the Nuremberg war crimes trial. Distinguished historian G. Edward White offers a compelling portrait of a complex figure who continues to inspire reverence.

A Life in Judgment

Robert H. Jackson

Traditional Legal Culture in China

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