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Networks and Connections in Legal
History

Networks and Connections in Legal History

1. Introduction Michael Lobban and Ian Williams; 2. Networks and Influences: Contextualising Personnel and Procedures in the Court of Chivalry Anthony Musson; 3. Men of law and legal networks in Aberdeen, principally in 1600-1650 Adelyn Wilson; 4. Calling Time at the Bar: First women barristers and their networks and connections Judith Bourne; 5. The Thistle, the Rose, and the Palm: Scottish and English Judges in British East Florida M. C. Mirow; 6. 'The Bengal Boiler': Legal Networks in Colonial Calcutta Raymond Cocks; 7. The White Ensign on Land: The Royal Navy and Legal Authority in Early Sierra Leone Tim Soriano; 8. A Broker's Advice: Credit Networks and Mortgage Risk in the Eighteenth-century Empire Julia Rudolph; 9. Trans-Atlantic connections: The many networks and the enduring legacy of J.P. Benjamin Catharine MacMillan; 10. Interpretatio ex aequo et bono - the emergence of equitable interpretation in European legal scholarship Lorenzo Maniscalco; 11. Shakespeare and the European Ius Commune R. H. Helmholz; 12. Law Reporting and Law Making: the Missing Link in Nineteenth-century Tax Law Chantal Stebbings; 13. John Taylor Coleridge and English Criminal Law Philip Handler

When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?&nbsp;&nbsp;The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power.&nbsp;&nbsp;When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision – it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.&nbsp;&nbsp;So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.&nbsp;&nbsp;The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.

Native America, the Supreme Court, and the U.S. Constitution

The Worst Trickster Story Ever Told

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

Pandemics, Power, and Parliaments

Asia in Times of Crisis

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

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

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

This book examines the practice of judicial reasoning in Tort law. Drawing on comparative examples from the French judicial tradition, it connects the choice of approaches in judicial reasoning with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

This book provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime. It sets out the text of the Act chapter-by-chapter with accompanying commentary. In doing so the authors cover a broad range of issues, including: Reviewing how the legislation is to be understood in a post-Brexit context, focussing on the key innovations brought forward in the Act Contextualising developments, describing the various relevant international instruments such as the WTO Government Procurement Agreement Setting out the consequences of departure from the EU and detachment from EU procurement law Providing detailed discussion of the body of regulations, guidance, and other soft law that frames the content of the Act and will deliver effects of the legislation Addressing the interface with other related public procurement regimes falling outside the Act, such as the Provider Selection Regime in the NHS. Written and prepared by a team of professional and academic experts who have decades of experience of procurement law between them, this is the essential text for practitioners working on a procurement dispute or advisory situation.

Text, Guide, and Analysis

UK Procurement Legislation

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of 'liminality' or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

England, Qatar and Australia

Muslim Marriages in Transition

This open access book critically analyses a wide range of consumer law issues generated or exacerbated by the Internet of Things. The Internet of Things challenges many of the dichotomies which have shaped current laws: goods-services, hardware-software, tangible-intangible, online-offline. The book focuses on 4 specific challenges: things-as-service, liability, bricking of physical devices through software control, and the potential for enhanced personalisation, especially for digital assistants. The chapters analyse specific applications such as smart homes, connected cars, and consumer wearables with a view to providing innovative solutions to the new challenges posed by the Internet of Things, and to steer the development of the Internet of Things in a fairer direction. As well as offering an important analysis of the potential for smart consumer laws in the Internet of Things, the book also provides important insights into the growing divergence between Germany's and the UK's consumer laws since Brexit. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI (Arts and Humanities Research Council) and the German Research Foundation (DFG).

Lessons from Germany and the United Kingdom

From Smart Technologies to Smart Consumer Law

Networks and Connections in Legal History

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