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History (R0)

Helen Barker

Rape in Early Modern England

Law, History and Criticism

1.&amp;nbsp;Critical Context and History.- 2.&amp;nbsp;The Legal Framework.- 3.&amp;nbsp;Statute Law.- 4.&amp;nbsp;&lt;i&gt;The Lawes Resolutions of Womens Rights&lt;/i&gt;.- 5.&amp;nbsp;Conclusion.

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

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

From Labour Law to the Constitution

Freedom of Association

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 concept of charity was first given statutory legal form in England in the Statute of Charitable Uses of 1601. 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

SpringerBriefs in Law

This book unveils the details of the processes and deliberations that culminated in the consensual global commitment to decisively confront racism, racial discrimination, xenophobia and other forms of intolerance. It settles the pre-conceived and prejudicial controversies raised against the Durban Declaration and Programme of Action. High level delegates and leaders of structures of the conference address the development of the vision of nations for racial justice, building the structures of dialogue towards and during the third world conference against racism, choosing the leadership of the conference, consensus building especially on the so-called difficult issues, the role of championing states such as South Africa (host and then symbol of victory against racism) and Brazil (home to the largest population of people of African heritage outside Africa), and the legacy of the conference and outcome document. It reminds humanity of the merits and nobility of its Durban resolve, based on undertakings in Geneva, Strasbourg, Santiago de Chile, Dakar, and Teheran, under the auspices of the United Nations, and the significance of standing by it.

From Durban to Humanity

Untold Reflections from the World Conference Against Racism

Constitutional Systems of the World

"[The] written style is admirably clear, conversational and free from jargon . It will be of immense interest to anybody with a general interest in UK law, politics and history." Times Higher Education This engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III. Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

A Contextual Analysis

The Constitution of the United Kingdom

Legal Experts Examine 25 Influential Cases

Landmarks in American Automotive Law

The History and Theory of International Law

The ancient Greek world was permeated with international law, the binding rules of behavior that Greeks across the Mediterranean followed and enforced for centuries. But why was international law effective in this world? Laws of All the Greeks offers an original answer rooted in contemporary social theory, presenting a definitive account of ancient Greek international law while delving into the social and psychological foundations that made it potent and durable. Challenging recent claims that international law did not exist in the Greek world, Laws of All the Greeks makes a robust case not only for its existence, but for the importance of taking ancient Greek international law as an historical subject in the first place. It provides an updated history of select elements of that law, including the right to private self-help; judicial treaties known as symbola; and piracy. Combining the findings of recent scholarship on Greek history, identity, and social networks, novel readings of documentary and literary sources, and the lessons of sociology and psychology, Jesse James demonstrates how the webs of identity binding the Greek world together affected both the rules of international law and their effectiveness at guiding legal and economic behavior. This study thus complicates and enriches prevailing approaches that emphasize formal institutions, structural features, or economic rationalism, offering instead a model for applying legal sociology to the historical study of international law.

International Law as Social Reality in Ancient Greece

Laws of All the Greeks

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

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

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

Drawing on extensive archival records, Business as Usual shows how the legal system in Germany continued to operate with the same personnel, administrative routines, and institutional habits between 1943 and 1948, despite violence, mass murder, bombings, and regime change. This strict adherence to legal formalism acted as a "normalization machine" for mass atrocities, facilitating the compromised but seamless transition into the post-war administration. By tracing everyday judicial work in extraordinary circumstances, it reveals how legal institutions endure, adapt, and serve an inestimable purpose even in moments of profound upheaval. Moreover, only within the framework of the normal, ordinary law could the ideological exception of Nazi law unfold. In other words: besides the banality of evil, there is also evilness in banality.

The Germans and Their Law, 1943 to 1948

Business as Usual

Rape in Early Modern England

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