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Book
Literary Executions : Capital Punishment and American Culture, 1820–1925
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ISBN: 1421429268 Year: 2014 Publisher: Johns Hopkins University Press

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Abstract

Examines literary and legal sources to document thoughts and feelings about capital punishment in the United States over the long nineteenth century.Drawing from legal and extralegal discourse but focusing on imaginative literature, Literary Executions examines representations of, responses to, and arguments for and against the death penalty in the United States over the long nineteenth century. John Cyril Barton creates a generative dialogue between artistic relics and legal history. He looks to novels, short stories, poems, and creative nonfiction as well as legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes, A Defence of Capital Punishment, and The Gallows, the Prison, and the Poor House), all of which were part of the debate over the death penalty.Barton focuses on several canonical figures—James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser—and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers—particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard—whose work helped shape or was shaped by the influential anti-gallows movement. Analyzing the tension between sovereignty and social responsibility in a democratic republic, Barton argues that the high stakes of capital punishment dramatize the confrontation between the citizen-subject and sovereign authority in its starkest terms. In bringing together the social and the aesthetic, Barton shows how legal forms informed literary forms and traces the emergence of the modern State in terms of the administration of lawful death.By engaging the politics and poetics of capital punishment, Literary Executions contends that the movement to abolish the death penalty in the United States should be seen as an important part of the context that brought about the flowering of the American Renaissance during the antebellum period and that influenced literature later in the nineteenth and early twentieth centuries.

Keywords

Legal history


Book
Brokers of Public Trust : Notaries in Early Modern Rome
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ISBN: 1421427958 Year: 2009 Publisher: Johns Hopkins University Press

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A fast-growing legal system and economy in medieval and early modern Rome saw a rapid increase in the need for written documents. Brokers of Public Trust examines the emergence of the modern notarial profession—free market scribes responsible for producing original legal documents and their copies.Notarial acts often go unnoticed, but they are essential to understanding the history of writing practices and attitudes toward official documentation. Based on new archival research, Brokers of Public Trust focuses on the government officials, notaries, and consumers who regulated, wrote, and purchased notarial documents in Rome between the 14th and 18th centuries. Historian Laurie Nussdorfer chronicles the training of professional notaries and the construction of public archives, explaining why notarial documents exist, who made them, and how they came to be regarded as authoritative evidence. In doing so, Nussdorfer describes a profession of crucial importance to the people and government of the time, as well as to scholars who turn to notarial documents as invaluable and irreplaceable historical sources. This magisterial new work brings fresh insight into the essential functions of early modern Roman society and the development of the modern state.

Keywords

Legal history


Book
Community Paralegals and the Pursuit of Justice
Authors: ---
Year: 2018 Publisher: Cambridge, UK : Cambridge University Press,

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Abstract

The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.

Keywords

Legal services.


Book
Metodologia do Direito
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ISBN: 9892615468 989261545X Year: 2020 Publisher: Coimbra University Press

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"Um manual universitário deve ser, na perspectiva do autor, um texto de investigação que assuma a complexidade problemática do seu específico objecto temático, e o explicite comunicativamente sem disfarçar a mencionada complexidade. Razão por que, ainda para o autor, um manual merecedor do referido qualificativo não deverá reduzir-se a versão escrita de prelecções, perfilando-se antes como horizonte reflexivo que estas últimas intencionam e que cientificamente as fundamenta e pedagogicamente as legitima. O guião que ora se publicita traduz uma experiência lectiva de duas décadas. E inscreve-se numa compreensão normativa e prática da Metodologia do Direito (procurando, por isso mesmo, apurar, em dialéctica correlatividade, o necessariamente instável equilíbrio possível entre os pólos implicados pela aludida compreensão - um, relevante do dogmaticamente densificando sentido da normatividade jurídica vigente; o outro, centrado nos casos jurídicos concretos que continuamente o interpelam e reconstituem), que se pode dizer a marca-de-contraste, na matéria, da Faculdade de Direito da Universidade de Coimbra, e que vem sendo multimodamente puncionada por muitos dos seus mais ilustres Professores, sobretudo por aqueles que tantas vezes inovadoramente a pensaram na sua obra e a projectaram no seu ensino."

Keywords

Law --- Methodology. --- Legal reasoning


Book
Authorities in Early Modern Law Courts
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Year: 2020 Publisher: Edinburgh : Edinburgh University Press,

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The first comparative study of the relationship between law courts and substantive law in the early modern period Bringing together some of the most distinguished scholars in the field, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law - and not on its systematisation by learned jurists - it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law. Key Features: - Compares late medieval to early modern civil law from a practical viewpoint - Assesses the influence of law courts on the development of substantive law - Re-evaluates and challenges current orthodox views about early modern civil law Guido Rossi is Reader in European Legal History at the University of Edinburgh.

Keywords

Law --- Legal authorities. --- History.


Book
Optimale Schattenpreise und Produktionsprogramme fuer oeffentliche Unternehmen : Second-Best-Modelle im finanzwirtschaftlichen Staatsbereich
Authors: ---
Year: 1979 Publisher: Bern : Peter Lang International Academic Publishers,

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Gegenstand der Arbeit ist die Bestimmung von optimalen Produktions- programmen öffentlicher Unternehmen mit Hilfe von Schattenpreisen und geeigneten Verhaltensvorschriften für die Manager dieser Unternehmen. Zur Ableitung finanzpolitisch relevanter Ergebnisse wird dabei der Tatsache Rechnung getragen, dass der Handlungsbereich des Finanzpolitikers bestimmten institutionell und/oder politisch begründeten Beschränkungen unterworfen ist. Die präsentierten Modelle sind der Ökonomie des Zweitbesten oder Second-Best zuzurechnen.


Book
Legal aid and the future of access to justice
Authors: --- --- ---
ISBN: 1509957812 1509957820 1509957839 1509957804 9781509957828 Year: 2023 Publisher: Oxford : London : Hart Publishing, Bloomsbury Publishing (UK),

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This open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.


Book
Guidelines for legal representatives of children in civil matters
Authors: --- --- ---
Year: 2016 Publisher: Pretoria University Law Press (PULP)

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Guidelines for legal representatives of children in civil matters Editors: Ann Skelton and Carina du Toit 2016 ISBN: 978-1-920538-49-1 Pages: 28 Print version: Available Electronic version: Free PDF available


Book
Human and minority protection by multiple diversity governance : history, law, ideology, and politics in European perspective
Authors: ---
ISBN: 1315544725 1134830432 113483036X 1138683094 1138954446 Year: 2019 Publisher: London ; New York, New York : Routledge : Eurac Research,

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Book
Canada’s Legal Pasts : Looking Forward, Looking Back
Authors: --- ---
Year: 2020 Publisher: Calgary University of Calgary Press

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An introduction to Canadian legal history featuring new approaches to legal scholarship. Essential reading for all those interested in Canadian legal methodologies, especially new and beginning scholars. Canada’s Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada’s legal pasts—and why we study them. Telling new stories—about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more—this book presents the vibrant evolution of Canada’s legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada’s most marginalized people, show the many different ways of researching and understanding legal history. This is Canadian legal history as you’ve never seen it before. Canada’s Legal Pasts dives into new topics in Canada’s fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.

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