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This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.
Women --- Women litigants --- Legal status, laws, etc --- History --- Human females --- Wimmin --- Woman --- Womon --- Womyn --- Females --- Human beings --- Femininity --- Litigants --- Femmes --- Parties (procédure) --- Legal status, laws, etc. --- History. --- Statut juridique
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As both an attorney and a librarian, Healy's background makes him uniquely qualified to advise library staff on providing users with the legal information they seek.
Legal research --- Pro se representation --- Librarians --- Information scientists --- Library employees --- Libraries --- In propria persona --- Lay lawyers --- Litigants in person --- Pro persona --- Representation, Pro se --- Parties to actions --- Practice of law --- Representation in administrative proceedings --- Right to counsel --- Services for
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The right to litigate in person is fiercely protected in common law jurisdictions, but litigants in person nonetheless pose serious challenges to the administration of justice. By examining the theoretical underpinnings of the right to self-representation, this book provides a new perspective in the debate over access to justice.
Parties to actions --- Pro se representation --- Right to counsel --- Human rights --- Law, Politics & Government --- Law, General & Comparative --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Effective assistance of counsel --- Ineffective assistance of counsel --- Right of counsel --- Defense (Criminal procedure) --- Due process of law --- In propria persona --- Lay lawyers --- Litigants in person --- Pro persona --- Representation, Pro se --- Practice of law --- Representation in administrative proceedings --- Actions and defenses --- Civil procedure --- Class actions (Civil procedure) --- Pleading --- Law and legislation --- Procedure (Law) --- Litigants
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Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible. Europeans and natives appealed to imperfect understandings of their interlocutors' notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers' and indigenous peoples' legal presuppositions shaped and sometimes misdirected their attempts to employ each other's law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of "legal intelligibility": How and to what extent did settler law and its associated notions of justice became intelligible--tactically, technically and morally--to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. . A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New WorldAs British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice.This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other's ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. .
Indians --- Colonies --- Legal status, laws, etc. --- History. --- Law and legislation. --- United States --- Amazon basin. --- Andean litigants. --- Bacon’s Rebellion. --- British settlers. --- Cockacoeske. --- Columbian elites. --- English justice. --- English law. --- Iberian New World. --- Indian law. --- Indian rights. --- Iroquois. --- John Wompas. --- Latin America. --- Nipmuc. --- Portuguese colonists. --- Spanish colonization. --- Spanish law. --- Spanish policy. --- Virginia House of Burgesses. --- Virginia law. --- agricultural leases. --- autonomy. --- blood feud. --- colonial discourse. --- colonial rule. --- communal rights. --- community identities. --- conversion. --- corporate autonomy. --- empire. --- ground law. --- historical actors. --- imperial legalities. --- indigenous groups. --- indigenous litigants. --- indigenous peoples. --- jurisdiction. --- justice. --- land rights. --- land transactions. --- legal concepts. --- legal contest. --- legal practices. --- legal structures. --- legal system. --- legal systems. --- liberal elites. --- local alliances. --- queen of Pamunkey. --- rhetorical traditions. --- sovereignty. --- strategic behavior. --- treaty negotiations. --- tributary system. --- vassalage.
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Status of persons --- Family law. Inheritance law --- Law of civil procedure --- 347.63 <492> --- 347.15-053.6 <492> --- Rechtspositie van de minderjarige--Nederland --- Capacity and disability --- Contracts --- Minors --- Parties to actions --- Hulpwetenschappen --- rechtswetenschappen en criminologie --- 347.15-053.6 <492> Rechtspositie van de minderjarige--Nederland --- rechtswetenschappen en criminologie. --- Rechtswetenschappen en criminologie. --- Actions and defenses --- Civil procedure --- Class actions (Civil procedure) --- Pleading --- Persons (Law) --- Age (Law) --- Capacity (Law) --- Disability (Legal incapacity) --- Incapacity (Law) --- Status (Law) --- Law and legislation --- Procedure (Law) --- Litigants
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Droit international privé --- Conflict of laws --- -Jurisdiction --- -Parties to actions --- -Venue --- -Civil procedure --- Courts --- Criminal procedure --- Jurisdiction --- Actions and defenses --- Civil procedure --- Class actions (Civil procedure) --- Pleading --- Competent authority --- Law --- Conflict of judicial decisions --- Judgments --- Venue --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- -Civil law --- -Conflict of laws --- -Choice of law --- Parties to actions --- Procedure (Law) --- Litigants
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Law of civil procedure --- Administrative law --- Parties to actions --- Associations, institutions, etc. --- Class actions (Civil procedure) --- Law and legislation --- Associations, institutions, etc --- -Class actions (Civil procedure) --- -Parties to actions --- -Actions and defenses --- Civil procedure --- Pleading --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Institutions, associations, etc. --- Networks (Associations, institutions, etc.) --- Organizations --- Voluntary associations --- Voluntary organizations --- Social groups --- Voluntarism --- -Law and legislation --- Procedure (Law) --- Litigants --- Parties to actions - France. --- Associations, institutions, etc. - Law and legislation - France. --- Class actions (Civil procedure) - France.
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Law of civil procedure --- Netherlands --- 347.952 <492> --- Summary proceedings --- -Appellate procedure --- -Liability (Law) --- -Parties to actions --- -Actions and defenses --- Civil procedure --- Class actions (Civil procedure) --- Pleading --- Appeal --- Appellate courts --- Courts --- Criminal procedure --- Procedure (Law) --- Trial practice --- Tenuitvoerlegging van een vonnis--(burgerlijk procesrecht)--Nederland --- Appellate procedure --- Liability (Law) --- Parties to actions --- -Tenuitvoerlegging van een vonnis--(burgerlijk procesrecht)--Nederland --- 347.952 <492> Tenuitvoerlegging van een vonnis--(burgerlijk procesrecht)--Nederland --- -347.952 <492> Tenuitvoerlegging van een vonnis--(burgerlijk procesrecht)--Nederland --- Actions and defenses --- Litigants --- Obligations (droit)
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A study of the kingdom of Castile's judicial administration that brings together political ideas and political action by giving serious attention to how well royal justices were able to handle difficult, prominent lawsuits that raised politically troubling questions and involved major litigants. 'By My Absolute Royal Authority': Justice and the Castilian Commonwealth at the Beginning of the First Global Age' is a study of judicial administration. From the fifteenth century to the seventeenth, the kingdom of Castile experienced a remarkable proliferation of judicial institutions, which historians have generally seen as part of a metanarrative of 'state-building.' Yet, Castile's frontiers were extremely porous, and a crown government that could not control the kingdom's borders exhibited neither the ability to obtain information and shape affairs, nor the centrality of court politics that many historians claim in an effort to craft a tidy narrative of this period. Castilians retained their loyalty to the monarchy not because of the 'power' of the institutions of a developing 'state,' but because they shared an identity as citizens of a commonwealth in which a high value was given to justice as an ultimate purpose of the political community and a conviction that the sovereign possessed 'absolute royal authority' to see that justice was done. This expectation served as a foundation for the political identity and loyalty that held together for several centuries the disparate and globally-dispersed domains of the Hispanic Monarchy, but perceptions of how well crown judicial institutions worked were a fundamental determinant of the degree of support a monarch could attract to meet fiscal and military goals. This book maps part of this unfamiliar terrain through a microhistory of an extended, high profile lawsuit that was carefully watched by generations of Castilian leaders. Justices from the late fifteenth century to the reign of Philip II had difficulty resolving the conflict because the proper exercise of "absolute royal authority" was itself the central legal issue and the dispute pitted against each other members of important groups who demonstrated a tendency to give prominence to different interpretive schemes as they tried to comprehend their world. The account brings together political ideas and political action by giving serious attention to how well royal justices were able to handle difficult, prominent lawsuits that raised politically troubling questions and involved major litigants. J. B. Owens is professor of the history and director of the Glenn E. Tyler Collection at Idaho State University, where he specializes in Spanish history and the use of Geographic Information Systems for research and teaching
Justice, Administration of --- Prerogative, Royal --- Royal prerogative --- Executive power --- Monarchy --- Divine right of kings --- Regalia --- Administration of justice --- Law --- Courts --- History --- Law and legislation --- History of Spain --- anno 1500-1599 --- Spain. --- Espagne --- Espainiako Erresuma --- España --- Espanha --- Espanja --- Espanya --- Estado Español --- Hispania --- Hiszpania --- Isupania --- Kingdom of Spain --- Regne d'Espanya --- Reiaume d'Espanha --- Reino de España --- Reino d'Espanya --- Reinu d'España --- Sefarad --- Sepharad --- Shpanie --- Shpanye --- Spanien --- Spanish State --- Supein --- Castilian Commonwealth. --- Geographic Information Systems. --- Hispanic Monarchy. --- J. B. Owens. --- Spanish history. --- absolute royal authority. --- crown judicial institutions. --- interpretive schemes. --- judicial administration. --- lawsuits. --- loyalty. --- major litigants. --- political action. --- political ideas. --- political identity. --- politically troubling questions. --- royal justices.
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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
International law --- International law. --- International courts. --- Human rights. --- Political science --- Law --- International Relations --- General. --- International. --- International courts --- Human Rights --- Andean Tribunal. --- Cold War. --- ECOWAS. --- IC legal review. --- Niger. --- US Congress. --- WTO. --- World War II. --- administrative review. --- authoritarian countries. --- compliance. --- constitutional obedience. --- constitutional review. --- dispute resolution. --- dispute settlement. --- domestic administrative actors. --- domestic courts. --- domestic judges. --- domestic law. --- domestic politics. --- enforcement. --- governments. --- human rights. --- international agreements. --- international court. --- international courts. --- international judicial landscape. --- international judiciary. --- international justice. --- international law. --- international legal institutions. --- international politics. --- international relations. --- judicial architecture. --- judicialization. --- jurisdiction. --- law. --- legal agreement. --- legal practice. --- legal violations. --- legislative process. --- legitimated actors. --- litigants. --- litigation. --- national legal orders. --- nonstate actors. --- political actors. --- political influence. --- rule of law. --- state behaviour. --- state parties. --- state practices. --- supranational administrators. --- unconstitutional acts.
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