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Die Entwicklung des Völkerstrafrechts im Kontext der Dekolonisierung nach 1945

In einem theoretisch und ideengeschichtlich informierten Zugriff werden exemplarische Texte, die für das angemessene Verständnis des heutigen Strafrechts entscheidend sind, präsentiert und in ihrem Kontext wie bezüglich ihrer Relevanz für daran anschließende Diskussionen erläutert. Der Band stellt dabei auch aktuelle Debatten und Positionen vor. Transferfragen dienen der Überprüfung des Gelesenen und helfen bei der Anwendung auf ggf. vergleichbare Fallkonstellationen.

Strafrechtsgeschichte

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

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

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

Ius Romanum

In Late Antiquity, private individuals could acquire land or other assets through acts of the emperor or the administration. These often originated from confiscations, e.g. of estates without heirs (
 bona vacantia
 , 
 caduca
 ), the property of convicted criminals (
 bona damnatorum
 ), or ownerless slaves (
 vaga mancipia
 ). Since the 
 fiscus
 was often unable to make economically effective use of these assets, and the emperor was under political pressure to reward influential individuals, they were frequently transferred - sometimes for payment, but often free of charge. In this context, a procedure developed whereby beneficiaries could petition for an imperial grant by means of a 
 petitio
 .
 

 By analysing Late Antique imperial constitutions, the study examines this procedure, as well as the private-law status of the recipients. The analysis shows that they generally acquired ownership - even where the assets had not belonged to the 
 fiscus
 . As Roman law in principle did not allow acquisition in good faith from a non-owner, this form of acquisition is best understood as one effected by sovereign act.
 

 At the same time, it becomes clear that Late Antique emperors established nuanced and carefully considered rules and sought to achieve a fair balance of interests. A decline in legal culture, as suggested by the theory of so-called Late Antique vulgar law, cannot be observed.

Rechtserwerb durch kaiserliche Eigentumszuweisung in der Spätantike

Liberalitas legibus et aequitate subnixa

Studies in the History of Tax Law

This book is a continuation of the prestigious series investigating current tax policy debates in an historical context. The authors are a mix of senior tax professionals from academia, the judiciary, and practice, with representatives from 9 countries. The chapters fall within 3 basic categories: 1. UK tax, looking at a variety of topics ranging from income tax (introduction and deduction at source), tax administration (Scotland), cases and judges (Lord Wilberforce), to the Peasants' Revolt, indirect taxation (tonnage tax and excise), and tax concepts (beneficial ownership). 2. International taxation, with chapters on the origins of the international income tax order, the UN (1950s and 60s), and VAT (origins and procedure). 3. Non-UK tax systems, including chapters on income tax in Singapore and early developments in Japan, South Africa (GAAR), an influential Canadian report (Carter Commission), taxation in classical Athens, and in the medieval Italian city-states. Collecting papers from the biennial Cambridge Tax Law History Conference, the book is a key resource for those interested in tax law and legal history.

Studies in the History of Tax Law, Volume 12

This book presents an insight into the relationship between liberal democratic legality and responding to extreme situations. The uneasy relationship between liberal democracy’s rule of law and extraordinary measures by government have long provided a premise for contentious legal and political discourse. It is amidst this densely treaded theme, whereby this book turns to Europe’s democratic past in an attempt to mitigate any seemingly irrevocable conflicts. Largely overlooked, and yet ultimately the primary source of the contemporary liberal democratic legal order, democracy appears as a legal reality that advocates for its own principles in response to extreme threats.
 
 From the floors of the National Convention in Paris during the French revolutionary years of the late 18th century, Roman legal principles would be espoused by Robespierre and his contemporaries when heralding in the ‘new’ legal reality of democracy. Voices from Paris and the National Assembly of today on the other hand embrace principles of canon law when advocating for extraordinary ‘necessary measures’ that ultimately rely upon a determination of the ‘public common good’ when responding to extreme situations. In recognizing the contrast between ‘democratic-revolutionary tradition’s’ reliance upon Roman legal principles, as opposed to ‘constitutional monarchy tradition’s’ reliance upon canon law principles, this book presents to the reader a unique opportunity to understand how contemporary European legal tradition ultimately arises as a result of two legal worlds.&nbsp;

Beyond Democracy's Rule of Law

Extraordinary Governance in European Legal Tradition

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

This innovative deeply researched book, critically examines the failures of international law in addressing severe human rights violations, particularly enforced disappearances and arbitrary detentions. This book argues that international law in a variety of areas, is ineffective and in need of reform. Through the lens of enforced disappearances and arbitrary detentions in international law, the book explores the weaknesses of the state-centric human rights system, emphasizing that states-often the primary violators-are responsible for ensuring compliance and enforcement. The book first examines the recent scourge of enforced disappearances and arbitrary detentions in a number of states, particularly those that have occurred transnationally. Through a detailed analysis of comparative state practice, including rising rates of transnational repression, the book highlights systemic deficiencies and later proposes various reforms to strengthen global human rights protection. The book advocates for an integrated approach, merging international humanitarian law, human rights law, and international criminal law to enhance enforcement and accountability. The book reviews why using an integrated approach to tackling violations will result in far better protections, arguing that abandoning a silo approach to international law and applying international human rights law and international humanitarian law together, especially in the context of international criminal law, will yield far better results. How greater integration can be achieved in theory, is examined. Also reviewed, are how international bodies that work on arbitrary detentions and enforced disappearances, do so in practice. The key challenge that is taken up is how international law can be improved to ensure that the worst violators can be made to comply with international law. For that reason, a series of recommendations are made in the conclusion about what can be done to remedy the deficiencies noted throughout the book. The book argues that much needs to be done to reform international law as well as the processes and mechanisms that provide oversight and accountability.

This innovative deeply researched book, critically examines the failures of international law in addressing severe human rights violations, particularly enforced disappearances and arbitrary detentions. This book argues that international law in a variety of areas, is ineffective and in need of reform. Through the lens of enforced disappearances and arbitrary detentions in international law, the book explores the weaknesses of the state-centric human rights system, emphasizing that states—often the primary violators—are responsible for ensuring compliance and enforcement. The book first examines the recent scourge of enforced disappearances and arbitrary detentions in a number of states, particularly those that have occurred transnationally. Through a detailed analysis of comparative state practice, including rising rates of transnational repression, the book highlights systemic deficiencies and later proposes various reforms to strengthen global human rights protection. The book advocates for an integrated approach, merging international humanitarian law, human rights law, and international criminal law to enhance enforcement and accountability. The book reviews why using an integrated approach to tackling violations will result in far better protections, arguing that abandoning a silo approach to international law and applying international human rights law and international humanitarian law together, especially in the context of international criminal law, will yield far better results. How greater integration can be achieved in theory, is examined. Also reviewed, are how international bodies that work on arbitrary detentions and enforced disappearances, do so in practice. The key challenge that is taken up is how international law can be improved to ensure that the worst violators can be made to comply with international law. For that reason, a series of recommendations are made in the conclusion about what can be done to remedy the deficiencies noted throughout the book. The book argues that much needs to be done to reform international law as well as the processes and mechanisms that provide oversight and accountability.

Remedying International Law and Institutions

Enforced Disappearance and Arbitrary Detention

Studies in Australian Law, Politics and History

Strategising Opportunities for Future Indigenous Rights Test Litigation

Law, Love and Australia’s Unfinished Retreat from Terra Nullius

This book provides the first in-depth study of the crime of bigamy from the 17th century to the present day. Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries - from execution, branding, whipping, transportation, and imprisonment through to fines and community service. Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604-2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse. Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

Constitutionalism in Latin America and the Caribbean

This book offers the first in-depth analysis in English of the practical dynamics of the constitutional recognition of Indigenous justice and legal pluralism in Bolivia. The 2009 Bolivian Constitution was an extraordinary attempt to wrestle the notion of the nation-state away from its European origins to imagine a new form of statehood that fully embeds Indigeneity. This turn to plurinational constitutionalism, in which Indigenous peoples and their traditions are taken to constitute one of the central pillars of the state, recognised Indigenous justice as wholly autonomous from and equal to 'ordinary' justice. The book unpacks what plurinationality stands for in this context, whether it truly brought about the transformation of social relations, and whether plurinational constitutionalism could be a viable model for other states. It showcases the many interesting and innovative aspects of the Bolivian model, which could be adapted by other countries aiming to implement the right to self-determination of Indigenous peoples more fully. At the same time, the promise of Indigenous justice and plurinational constitutionalism in Bolivia remains partially unfulfilled, for reasons that reflect a combination of local challenges and tensions inherent to the concept of plurinationalism. This book will be of interest to academics, students, practitioners and policymakers working in comparative constitutional law, Latin American studies, legal anthropology, Indigenous studies, and legal pluralism. It suggests a path for reimagining notions such as the rule of law and sovereignty as foundations for a society truer to Indigenous peoples and, more generally, to all its citizens.

Indigenous Justice in Bolivia and the Limits of Plurinational Constitutionalism

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