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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.

Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.

How the US Constitution Can End Extreme Partisanship

American Factions

Cambridge Studies in International and Comparative Law

In the classical law of nations there was a doctrine of civil war. This book sets out to recover the forgotten legal tradition that shaped the modern world from 1575-1975. The result is an autonomous reassessment of four hundred years of the law of insurgencies and revolutions, both in state practice and in legal scholarship. Its journey through centuries of rebellion and the rule of law touches some of the most basic questions of international law across ages. What does it mean to stand among the nations of the world? Who should be welcomed among the subjects of international law, who should not, and who should decide? Its findings not only help make the classical doctrine understandable again, but also offer potential new insights for present-day lawyers about the origins, aspirations and vulnerabilities of the legal tradition with which they work today.

The Classical Doctrine of Civil War in International Law

Routledge Medieval Translations

The Dala Law is known through only one remaining medieval manuscript, written c.1335 - 1353, and shows strong influence from older Swedish provincial law. It is one of the oldest known texts revealing details of life and conditions in medieval Dalar during the thirteenth and early fourteenth centuries.Contradicting older assumptions that this might have been an older law of Västmanland, the Dala Law is well adapted to prevailing conditions in medieval Dalarna Dalar. In contrast to most provincial laws where the lawman had a central position, in the Dala Law it is the written word, the law-book, that is addressed and appealed to. Although the text is comparatively short, this English translation is an important tool for facilitating the internationalisation of Swedish research and making Nordic material more accessible for international scholars. Aided by maps which show medieval Dalarna, Västmanland, and the value of the mining industry in the area, this text provides crucial insight into the history, life, and culture of medieval Dalar which has never been seen before in the English language.With an Introduction that places medieval Darlarna Dalar in its geographical, judicial and ecclesiastical contexts, The Dala Law is an essential resource for all students and scholars interested in medieval Swedish history and law.

The Dala Law

How the Law Shapes the Perception of Music

Music Copyright and Cultural Hierarchy

Hart Studies in Constitutional Theory

This book argues that a Constitution of the Earth is not a utopian ideal, but is, in fact, the only realistic way of saving our planet from wars, environmental destruction, climate change, pandemics, widespread violations of human rights, and unbridled public and private powers. It sets out a four-step plan: First, it argues for the introduction of a new category of offences, 'systemic crimes', to address harmful conduct which currently escapes criminal liability. Second, it highlights the inadequacy of existing national governments and international organisations, to cope with a range of global anti-humanitarian policies. Third, taking seriously the commitment to universal human rights enshrined in existing constitutions and international charters and covenants, it proposes a stateless form of global constitutionalism. This model would be grounded on guarantist institutions, operating on a supranational level, regulating markets, promoting the overall enjoyment of fundamental rights and essential goods and services, and, ultimately, seeking to achieve universal and lasting peace. Fourthly, and finally, it presents a draft Constitution of the Earth, comprising 100 Articles, intended as a foundation for debate and deliberation. Towards a Constitution of the Earth is written for, and accessible to, any person concerned about the present state of world affairs, those opposed to a fatalist acceptance of the "Might makes Right" principle, and who believe in the rational possibility of a better world for all.

Humanity at the Crossroads

Towards a Constitution of the Earth

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

Understanding China

The book comprehensively explores the origins, structure, characteristics, functions, and unique role of Chinese legal tradition within the global scope of legal culture. It adopts a thematic framework that extends across multifaceted dimensions to examine the evolution, features and impact of Chinese legal culture, breaking away from the traditional chronological approach to legal history.


The book seamlessly integrates macro and micro views, bridges ancient and modern, as well as Chinese and foreign perspectives, and combines state law with folk law, and law with ethics. The content covers seven key aspects: the culture of rites and etiquettes, penal culture and practice, the culture of legal philosophies, the culture of a legal system, contractual culture, the culture of mediation, and the culture of justice. The topics encompass the origins of traditional Chinese law, the evolution of legal thoughts, the development of legal systems, the procedures and effects of legal practices, and the relationship between legal development and social change.


This book is primarily aimed at legal scholars, students, and practitioners who are interested in understanding Chinese traditional legal culture. It is also intended for readers with a moderate level of education or higher, who seek to understand Chinese legal history and culture.

Traditional Legal Culture in China

Routledge Research in Legal History

This book argues that the most important and influential reform of the state was that done by the first emperor Augustus, turning the warring Roman republic into a relatively stable empire lasting 500 years in the West, and 1500 in the East. Not only was the scope incomparable to any ancient reform before or after, but the means were also novel: Augustus used the law of the day to effect crucial aspects of the reform as a whole. The book thus explores the reform of Augustus from a legal perspective. This means that, rather than the works of historians or poets, the legal texts handed down to us through a variety of ways are central. The study thereby provides new insight into a quintessential legal model for later empires. It also places the legal structure of the Roman empire in the intellectual context of Augustus in his own time. Finally, it reconstructs a Stoic theory of state as the basis of the reform. The book will be of interest to researchers working in the areas of Roman Law, Legal History, Legal Philosophy, History of Political Theory and Classical Studies.

Constituting Empire as State

Augustus and the Invention of Public Law

Studies in Legal History

Roman law is justly famous, but what was its relationship to governing an empire? In this book, Ari Z. Bryen argues that law, as the learned practice that we know today, emerged from the challenge of governing a diverse and fractious set of imperial subjects. Through analysis of these subjects' political and legal ideologies, Bryen reveals how law became the central topic of political contest in the Roman Empire. Law offered a means of testing legitimacy and evaluating government, as well as a language for asking fundamental political questions. But these political claims did not go unchallenged. Elites resisted them, and jurists, in collaboration with emperors, reimagined law as a system that excluded the voices of the governed. The result was to separate, for the first time, 'law' from 'society' more broadly, and to define law as a primarily literate and learned practice, rather than the stuff of everyday life.

The Roman Empire and the Origins of Law and Society

The Judgment of the Provinces

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

This book traces the legal creation of National Parks in England and Wales, considering how statute and case law shaped the different provisions within the National Park and Access to the Countryside Act 1949. National parks are often associated with hiking, holidaying, and nature but they are rarely perceived as legal spaces. Yet national parks in England and Wales only exist through the legal processes contained within the National Parks and Access to the Countryside Act 1949, a piece of legislation which is internationally unique in how it defines what a national park is. In celebrating the 75th Anniversary of the National Parks and Access to the Countryside Act 1949, the book examines the legally unique nature of national parks in England and Wales, exploring why these spaces were created in a legally distinct way. In doing so, the book takes the reader on a journey through the ever-evolving landscapes of planning law, administrative law, and property law in the 19th and 20th centuries, providing a new perspective on the enactment of national parks legislation. In presenting the National Parks and Access to the Countryside Act 1949 as part of a wider system of legal change, the book encourages the reader to think differently about national parks, emphasising the inherently legal nature of these spaces. This book is the perfect companion for any reader seeking to understand how national parks in England and Wales legally came to be.

Defining a Landscape

The Legal Creation of National Parks in England and Wales

"Read this book to understand human nature." (Preet Bharara) • "An amazing story, well told.” (Anderson Cooper) • "A masterful telling." (Dahlia Lithwick) From CNN legal analyst Elliot Williams, a revelatory account of how one man, four teenagers, and a struggling city collided over race, vigilantism, and public safety . . . exposing the fault lines of a nation On a dirty New York subway car on December 22, 1984, Bernhard Goetz shot Barry Allen, Darrell Cabey, Troy Canty, and James Ramseur, four teenagers from the Bronx, at point blank range. Goetz claimed they were going to mug him; the teens claim that one of them had simply asked for five dollars. Crime was at an all-time high. So was racial tension. Was Goetz, who was white, a hero who finally fought back? Or a bigot whose itchy trigger finger seriously wounded three unarmed black kids and condemned a fourth to irreversible brain damage? By the time Goetz went on trial for quadruple attempted murder, the “Subway Vigilante” saga had become a global sensation, and New Yorkers across race and class were split over whether he deserved decades in prison…or a medal. In Five Bullets, Elliot Williams vaults back to gritty 1980s Manhattan and reexamines the first major true-crime story of the cable news era. Drawing on archives and interviews with many main characters, including Goetz, Williams presents a masterful and vivid tale that also tells the origin stories of larger-than-life figures: Al Sharpton, a polarizing young local activist rocketing to national prominence; Rudy Giuliani, a rising-star prosecutor with an important decision to make; the NRA, which needed a poster boy for its transition from hunting club to political juggernaut; and Rupert Murdoch, whose new purchase, the New York Post, grew his empire by keeping a scary story in the headlines. A shocking account of a pivotal moment in our history, Five Bullets demonstrates why, in order to understand today’s debates about race, crime, safety, and the media, it’s imperative to reflect on what went down in the subway four decades ago. As Williams’s powerful narrative reveals, it was not just Goetz on trial, but the conscience of a nation.

Named a Most Anticipated Book of 2026 by The New York Times and The Washington Post "Read this book to understand human nature." (Preet Bharara) • "An amazing story, well told.” (Anderson Cooper) • "A masterful telling." (Dahlia Lithwick) From CNN legal analyst Elliot Williams, a revelatory account of how one man, four teenagers, and a struggling city collided over race, vigilantism, and public safety . . . exposing the fault lines of a nation On a dirty New York subway car on December 22, 1984, Bernhard Goetz shot Barry Allen, Darrell Cabey, Troy Canty, and James Ramseur, four teenagers from the Bronx, at point blank range. Goetz claimed they were going to mug him; the teens claim that one of them had simply asked for five dollars. Crime was at an all-time high. So was racial tension. Was Goetz, who was white, a hero who finally fought back? Or a bigot whose itchy trigger finger seriously wounded three unarmed black kids and condemned a fourth to irreversible brain damage? By the time Goetz went on trial for quadruple attempted murder, the “Subway Vigilante” saga had become a global sensation, and New Yorkers across race and class were split over whether he deserved decades in prison…or a medal. In Five Bullets, Elliot Williams vaults back to gritty 1980s Manhattan and reexamines the first major true-crime story of the cable news era. Drawing on archives and interviews with many main characters, including Goetz, Williams presents a masterful and vivid tale that also tells the origin stories of larger-than-life figures: Al Sharpton, a polarizing young local activist rocketing to national prominence; Rudy Giuliani, a rising-star prosecutor with an important decision to make; the NRA, which needed a poster boy for its transition from hunting club to political juggernaut; and Rupert Murdoch, whose new purchase, the New York Post, grew his empire by keeping a scary story in the headlines. A shocking account of a pivotal moment in our history, Five Bullets demonstrates why, in order to understand today’s debates about race, crime, safety, and the media, it’s imperative to reflect on what went down in the subway four decades ago. As Williams’s powerful narrative reveals, it was not just Goetz on trial, but the conscience of a nation.

The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation

Five Bullets

Rape in Early Modern England

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