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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;

Legal transplant in the Meiji Restoration gave birth to 
 Taishinin
 , which is the former of today’s Supreme Court of Japan, but the objective of it was not solely for legal justice at the beginning. 
 Taishinin
 ’s criminalization of corruption as an offense was out of both legal and non-legal factors. Law is often unclear and general because legislator cannot foresee all 
 modus operandi
 in future. Judges’ judicial decision-making and sentencing practices have space to interpret it with opinions, discretion, legal consciousness and innovation for an immediate legal effect of criminal justice on society. This book applies robust judicial behavior concept to analyze how 
 Taishinin
 ’s judicial behavior of such factors rationalized its rulings on corruption cases. This is not only a matter of transplanted “Western jacket” of Germanic Penal Code, but also departmental internal instructions, integrity standards and traditional legal consciousness of unwritten codes of conduct. The original findings of this book reveal that 
 Taishinin
 ’s judicial behavior in corruption cases was subject to many non-legal considerations, such as historical development of anticorruption law, traditional jurisprudential concepts, mission of and commitment to judicial role, values, judge appointment, judicial training and the political impacts of Ministry of Justice’s administration of judiciary.&nbsp;

Legal transplant in the Meiji Restoration gave birth to 
 Taishinin
 , which is the former of today’s Supreme Court of Japan, but the objective of it was not solely for legal justice at the beginning.&nbsp;
 Taishinin
 ’s criminalization of corruption as an offense was out of both legal and non-legal factors. Law is often unclear and general because legislator cannot foresee all 
 modus operandi
 in future. Judges’ judicial decision-making and sentencing practices have space to interpret it with opinions, discretion, legal consciousness and innovation for an immediate legal effect of criminal justice on society. This book applies robust judicial behavior concept to analyze how 
 Taishinin
 ’s judicial behavior of such factors rationalized its rulings on corruption cases. This is not only a matter of transplanted “Western jacket” of Germanic Penal Code, but also departmental internal instructions, integrity standards and traditional legal consciousness of unwritten codes of conduct. The original findings of this book reveal that 
 Taishinin
 ’s judicial behavior in corruption cases was subject to many non-legal considerations, such as historical development of anticorruption law, traditional jurisprudential concepts, mission of and commitment to judicial role, values, judge appointment, judicial training and the political impacts of Ministry of Justice’s administration of judiciary.&nbsp;

Japanese Body in Western Jacket

Taishinin’s Judicial Behaviour in Corruption Cases

This book is a monograph by Professor Cui Jianyuan on the article by article interpretation and evaluation of the real right provisions of the Chinese civil code, which is divided into two volumes. The interpretation of each article includes: the main purpose of this article, pointing out the core meaning of the law in one sentence; Relevant provisions to clarify the application conflict of repealed laws and relevant judicial interpretations; Understanding and application not only provide a value guidance from the perspective of theory, but also guide the application of law in specific cases from the perspective of practice, but also make a forward-looking discussion on the possible difficult problems in practice.

This book is a monograph by Professor Cui Jianyuan on the article by article interpretation and evaluation of the real right provisions of the Chinese civil code, which is divided into two volumes. The interpretation of each article includes: the main purpose of this article, pointing out the core meaning of the law in one sentence; Relevant provisions to clarify the application conflict of repealed laws and relevant judicial interpretations; Understanding and application not only provide a value guidance from the perspective of theory, but also guide the application of law in specific cases from the perspective of practice, but also make a forward-looking discussion on the possible difficult problems in practice.

Handbook of Interpretation and Evaluation of the Book of Real Rights in China’s Civil Code

Human Rights Law in Perspective

What is the reality of what it is to participate in associations, such as sports clubs, charities, trade unions, or political parties? This book explores the complexities surrounding the right of association from a legal and philosophical perspective.

Legal chapters explore how the right is protected in jurisdictions as diverse as Chile, Germany, Indonesia, Kenya, Slovenia, Türkiye and the United Kingdom, alongside thematic chapters on judicial review, associational schism and the lived experience of associational participation. Philosophical chapters employ social ontology to illuminate the nature of group interaction and the reality of associational life.


Offering the first interdisciplinary examination of freedom of association, this collection contributes significantly to our understanding of this fundamental right.

Insights from Philosophy and Law

Associational Life and Freedom

This open access book is a cultural history of lawsuits that explains the development of French performance rights from la Belle Époque, via the roaring Twenties, and into Post-War France. It does so by analysing the ways in which performers, composers, and playwrights used French court rooms, newspaper scandals, and international conferences to claim their rights to create and control musical and theatrical performance. In 19th-century France, composers and playwrights organised in member-run societies that successfully used authors' rights legislation to curb the power of theatre managers. Towards the turn of the 20th century, these so-called collective management organisations had transformed French cultural industries by building out structures of royalty collection and improving litigation practices. From the café-concert culture in 19th-century Montmartre, the rise of modern celebrity culture and mass media, to the French governments' management of radio entertainment in the interwar period, the book traces precedent-setting litigation that defined who creates and controls performance. The book challenges previous narratives that centre the individualisation of authors in the expansion of the international copyright regime, while neglecting performers. Instead, it reveals the ways in which the personality and individuality of performers have played a constitutive role in discourses about genius, technology, and legal categories. Performance as Intellectual Property is for anyone interested in the emerging of modern European cultural industries and the relationships between intellectual property systems, creativity, and art. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the European Research Council.

The Rights of Performers, Composers and Playwrights in France 1890-1950

Performance as Intellectual Property

Scholars of Commercial Law

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

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

WINNER of 75th Nation­al Jew­ish Book Award: Biography Finalist for the Dayton Literary Peace Prize 2026 'FIVE STARS ... Magnificent' Telegraph 'Compulsively readable' Financial Times 'Gripping and timely' The Times 'Crackingly told' Philippe Sands 'A kind of masterclass' Sebastian Junger THE NEW BOOK FROM THE BESTSELLING, COSTA PRIZE-WINNING AUTHOR OF THE VOLUNTEER The true story of a Jewish lawyer who returned to Germany after WWII to prosecute war crimes, only to find himself pitted against a nation determined to bury the past. At the end of the Nuremberg trial in 1946, some of the greatest war criminals in history were sentenced to death, but hundreds of thousands of Nazi murderers and collaborators remained at large. The Allies were ready to overlook their pasts as the Cold War began, and the horrors of the Holocaust were in danger of being forgotten. In The Prosecutor, Jack Fairweather brings to life the remarkable story of Fritz Bauer, a gay German Jew who survived the Nazis and made it his mission to force his countrymen to confront their complicity in the genocide. In this deeply researched book, Fairweather draws on unpublished family papers, newly declassified German records, and exclusive interviews to immerse readers in the dark, unfamiliar world of postwar West Germany where those who implemented genocide run the country, the CIA is funding Hitler's former spy-ring in the east, and Nazi-era anti-gay laws are strictly enforced. But once Bauer lands on the trail of Adolf Eichmann, he won't be intimidated. His journey takes him deep into the rotten heart of West Germany, where his fight for justice will set him against his own government and a network of former Nazis and spies determined to silence him. In a time when the history of the Holocaust is taken for granted, The Prosecutor reveals the courtroom battles that were fought to establish its legacy and the personal cost of speaking out. The result is a searing portrait of a nation emerging from the ruins of fascism and one man's courage in forcing his people--and the world--to face the truth.

One Man’s Battle to Bring Nazis to Justice

The Prosecutor

Contemporary Issues in Bioethics

This book delves into medico-legal history, travelling back in time to explore English law's fascinating and often acrimonious relationship with healing and healers. Challenging assumptions that medical law is a recent development, Law and healing traces the regulation of healers from the Church's dominance to legal battles fought among medical practitioners. As well as considering the history of the regulation of healers, this book addresses moral issues such as abortion, bodily sovereignty, and the use of cadavers in research. It highlights how fundamental legal and ethical questions continue to resurface, for example, from controversy in the Renaissance over human dissection to modern-day debates about organ donation. Law and healing provides a colourful but critical account of the longstanding - and often fraught - relationship between two fundamental pillars of human society.

A History of a Stormy Marriage

Law and Healing

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

Landmark Cases

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 Statute of Charitable Uses of 1601, whose Preamble set out a list of charitable purposes which has formed the basis of the modern legal definition of charity. 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

Discourses of Law

Introduction to the Work of Pierre Legendre

Traditional Legal Culture in China

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