Comparative Legal History最新文献

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IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677x.2019.1685731
Heikki Pihlajamäki, M. Dyson
{"title":"Editorial","authors":"Heikki Pihlajamäki, M. Dyson","doi":"10.1080/2049677x.2019.1685731","DOIUrl":"https://doi.org/10.1080/2049677x.2019.1685731","url":null,"abstract":"We are delighted to present another exciting issue of Comparative Legal History, the official journal of the European Society for Comparative Legal History (ESCLH). In the first article, Shaunnagh Dorsett sheds light on judge Barron Field’s attempts to reform Gibraltar’s procedural law in the 1830s. Although the reform failed, its history tells a lot about the movement of ideas in the early-nineteenthcentury British Empire. The reader is left convinced of how useful it is do colonial legal history comparatively. Claudia Passarella’s article continues to delve into the history of procedural law. Passarella’s emphasis is on the relationship between professional judges and laypersons in criminal matters, which she approaches by comparing the decision-making procedures in Italy and Ireland in the late nineteenth and early twentieth century. The author demonstrates how two countries with different legal traditions adopted different solutions when facing similar problems. In the third article of this issue, Thomas Mohr assesses the value of law journals as historical sources for the period between 1922 and 1939 after the partitioning of the island of Ireland. Law journals were not passive observers of the partitioning process. Instead, ‘having to cater for two diverging jurisdictions on the island of Ireland in place of one’, they ‘needed to engage with legal and constitutional developments within the wider Empire’. From the perspective of legal journals, Mohr also provides a comparative analysis of this process of adaptation. As always, the reviews section contains an interesting selection of reviews on recent books. We wish our readers inspiring moments with this issue of Comparative Legal History!","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"129 - 129"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2019.1685731","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48872541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Procedural reform in the nineteenth century British Empire: the failure of Barron Field in Gibraltar 十九世纪大英帝国的程序改革:直布罗陀巴伦球场的失败
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677X.2019.1682334
S. Dorsett
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引用次数: 1
Law journals and Irish history, 1922–1939 法律期刊和爱尔兰历史,1922–1939
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677x.2019.1685264
Thomas Mohr
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引用次数: 0
The juries’ wisdom in the administration of criminal justice: Irish jurisdiction and the Italian justice system in the late nineteenth and early twentieth centuries 陪审团在刑事司法管理中的智慧:19世纪末和20世纪初的爱尔兰司法和意大利司法系统
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677X.2019.1682329
C. Passarella
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引用次数: 0
The Art of Law: artistic representations and iconography of law and justice in context, from the middle ages to the first world war 法律艺术:从中世纪到第一次世界大战,法律与正义的艺术表现和图像
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677x.2019.1685750
J. Resnik
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引用次数: 0
Justice in a new world: negotiating legal intelligibility in British, Iberian, and Indigenous America 新世界的司法:协商英国、伊比利亚和美洲原住民的法律可理解性
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677x.2019.1685747
K. Tuori
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引用次数: 1
The laws and economics of confucianism: kinship and property in preindustrial China and England 儒学的法律与经济学:前工业时代中国与英国的亲属关系与财产
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677X.2019.1685748
R. Partain
{"title":"The laws and economics of confucianism: kinship and property in preindustrial China and England","authors":"R. Partain","doi":"10.1080/2049677X.2019.1685748","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685748","url":null,"abstract":"The Laws and Economics of Confucianism: Kinship and Property in Preindustrial China and England is a book written by Taisu Zhang, who specialises in comparative legal history at Yale Law School. His research focus is on how China and the West diverged, both normative culturally and legally, and took different and independent routes of development. The book before us was first published in 2017, by Cambridge University Press; it soon went on to win several awards, such as the Presidents Award from the Social Science History Association, the Gaddis Smith Book Prize from the MacMillan Center for International and Area Studies, and in an earlier incarnation as a dissertation, it was the recipient of Yale University’s Arthur and Mary Wright Dissertation Prize and the American Society for Legal History’s Kathryn T. Preyer Award. The book itself is 308 pages in length, with effectively eight chapters. It also contains several very useful appendices; the archives list alone might be valuable enough to justify its purchase for some scholars.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"228 - 233"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685748","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46976080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Piracy and law in the Ottoman Mediterranean 奥斯曼地中海的海盗与法律
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677X.2019.1685746
Will Smiley
{"title":"Piracy and law in the Ottoman Mediterranean","authors":"Will Smiley","doi":"10.1080/2049677X.2019.1685746","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685746","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"220 - 225"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685746","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43813875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Agape, justice, and law: how might Christian love shape law? 爱、公义和律法:基督徒的爱如何塑造律法?
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677X.2019.1685751
Jeffrey B. Hammond
{"title":"Agape, justice, and law: how might Christian love shape law?","authors":"Jeffrey B. Hammond","doi":"10.1080/2049677X.2019.1685751","DOIUrl":"https://doi.org/10.1080/2049677X.2019.1685751","url":null,"abstract":"enforce contracts and status relationships. The Art of Law edifies but also (and perhaps intentionally) leaves readers wanting more direction and analyses. The ever-present question is about what was put on view. Are we, twenty-first-century viewers, looking at decisions dictated by a governing legal body, or are these artefacts of artistic choice and (as some chapters suggest) whimsy? How are we to understand what the different spectators took to be the messages of the objects we look at now? Furthermore, how do we, living in a world awash with images, glimpse (a word chosen advisedly) the impact on those who looked at the images when put on display. What were the directives judges were supposed to take, for example, when assigned to rooms inscribed with the words ‘Judge ye, as ye shall be judged’? In sum, readers of this volume will learn a great deal about the history of iconography associated with law but less about the translocal political and social forces that render ‘Justice’ legible, that built impressive structures, and that pressed certain narratives into public consciousness. Furthermore, the haunting question addressed by some, but not all, of the authors remains: how to think about the continued legibility of much of this imagery, given that social movements have transformed adjudication into a practice embedded in democracies and, in many countries, have produced courthouses as an icon not only of adjudication but also of government more generally?","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"245 - 253"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2019.1685751","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45502902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The clamor of lawyers: the American revolution and crisis in the legal profession 律师的喧嚣:美国革命与法律界的危机
IF 1.2
Comparative Legal History Pub Date : 2019-07-03 DOI: 10.1080/2049677x.2019.1685749
Sally E. Hadden
{"title":"The clamor of lawyers: the American revolution and crisis in the legal profession","authors":"Sally E. Hadden","doi":"10.1080/2049677x.2019.1685749","DOIUrl":"https://doi.org/10.1080/2049677x.2019.1685749","url":null,"abstract":"In conclusion, this is an excellent book that covers many areas of research deftly and provides both break-through insights and new fields of future research. It sets high standards for future researchers in this field. While it does not present conventional Law & Economics-based analysis of China’s legal culture, it provides a new approach to including economic and empirical analysis of those rules within a broader research project. As such, I hope it will inspire complementary research in other areas of China’s legal culture based on these approaches. Truly, on the Laws and Economics of China’s Legal Cultures.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"7 1","pages":"233 - 239"},"PeriodicalIF":1.2,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2019.1685749","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47801144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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