検索キーワード： 歴史

A obra, que nasce clássica, corresponde à versão revista e atualizada da tese de doutorado que o autor defendeu na Faculdade de Direito da Johann Wolfgang Goethe-Universität Frankfurt am Main e que lhe rendeu o prêmio Walter Kolb de melhor tese de doutorado da Universidade de Frankfurt e a medalha Otto Hahn de destaque científico da Sociedade Max Planck.

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. The case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest.

Tauchen Sie ein in das Universum des Rechts auf Schweigen! Dieses umfassende Werk bietet eine tiefgründige Analyse dieses Grundrechts, das für die Suche nach Gerechtigkeit und den Schutz der Privatsphäre im globalen Kontext von entscheidender Bedeutung ist.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse–in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm.

The Legal Aid Society’s mission is to advance, defend, and enforce the legal rights of low-income and otherwise vulnerable people in order to secure for them the basic necessities of life. Everyday Justice is an on-the-ground history of the Legal Aid Society of Middle Tennessee and the Cumberlands, the story of how national debates about access to justice have impacted the work of its lawyers, and a warning about why the federally imposed limits on that work must be lifted in order to fulfill the pledge of justice for all.

"La loi c'est la Justice Organisée." Publié en 1850, ce pamphlet resté célèbre définit la loi comme une forme organisée visant à faire obstacle à l'injustice. Il y dénonce notamment les différentes formes de spoliations opérées sous couvert de la loi lorsque celle-ci est pervertie et détournée de sa vraie mission au profit d'une minorité, lorsque la loi, sous l'effet de ce qu'il appelle la spoliation légale, viole les propriétés au lieu de les garantir.

No Supreme Court justice has come from humbler circumstances than Clarence Thomas, yet critics denounce him as the "cruelest justice," a heartless traitor to his race who cynically sacrifices justice to ideology. In this provocative new book, Judge Amul Thapar demolishes that caricature. Exploring the human stories behind twelve illustrative cases on which Justice Thomas has ruled, he demonstrates the coherence of Thomas’s judicial philosophy and the profound humanity on which it rests.

Have you ever heard a bizarre law and thought, that can’t possibly be true? Is it genuine? Was it ever in existence or just an urban myth that became so embellished over time? There are surprisingly, a great many laws still in existence on the statute books today that would make your jaw drop. Whilst bizarre as these laws may now seem to us, it begs the question, are we in fact, unknowingly breaking these laws on a regular basis?

It is 1942, and World War II is raging. In the months since Pearl Harbor, the US has plunged into the war overseas—and on the home front, it has locked up tens of thousands of innocent Japanese Americans in concentration camps, tearing them from their homes on the West Coast with the ostensible goal of neutralizing a supposed internal threat. At each of these camps the government places a white lawyer with contradictory instructions: provide legal counsel to the prisoners, and keep the place running.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

In this vivid and essential work of historical non-fiction, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law.

Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.

Comment expliquer que le terme «?consentement?» occupe aujourd'hui une telle place dans le débat public, alors qu'il en était pratiquement absent il y a une dizaine d'années ? Et que signifie-t-il, au regard des usages multiples qui en sont faits, dans le champ de la philosophie, du droit, de la politique et du langage ordinaire ? Ces questions sont d'autant plus fondamentales que, selon le domaine dans lequel il est mobilisé, le consentement possède de nombreuses significations parfois sans rapport. Historiquement, l'idée de consentement remonte à l'Antiquité grecque et romaine.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.

In 1954, the Supreme Court's Brown decision ended segregated schooling in the United States, but regrettably, as documented in congressional testimony and transcripts, it also ended the careers of a generation of highly qualified and credentialed Black teachers and principals. In the Deep South and northern border states over the decades following Brown, Black schools were illegally closed and Black educators were displaced en masse. By engaging with the complicated legacy of the Brown decision, Leslie T. Fenwick illuminates a crucial chapter in education history.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

Today the United States considers immigration a federal matter. Yet, despite America's reputation as a "nation of immigrants," the Constitution is silent on the admission, exclusion, and expulsion of foreigners. Before the Civil War, the federal government played virtually no role in regulating immigration. Offering an original interpretation of nineteenth-century America, The Problem of Immigration in a Slaveholding Republic argues that the existence, abolition, and legacies of slavery were central to the emergence of a national immigration policy.

Contracts and the Legal Odyssey: Unraveling the Interplay of Power, Ideology, and Justice delves into the historical development of the legal system with a particular focus on the increasing emphasis on contracts. The exploration is rooted in a deep understanding of how legal ideologies, the interests of socioeconomic elites, and societal norms have shaped the legal landscape.