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The History Of Courts And Procedure In Medieval Canon Law

Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813229049
Size: 58.52 MB
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By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

The Making Of Legal Authority

Author: Nils Jansen
Publisher: Oxford University Press, USA
ISBN: 0199588767
Size: 23.74 MB
Format: PDF
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From 'Justinian's Institutes' and 'Blackstone's Commentaries' to modern examples such as the 'American Law Institute's Restatements', this book offers the first comparative analysis of non-legislative codifications.

Internationalization Of Law

Author: Marcelo Dias Varella
Publisher: Springer
ISBN: 3642541631
Size: 44.67 MB
Format: PDF
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The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Canonical Collections Of The Early Middle Ages Ca 400 1140

Author: Lotte Kéry
Publisher: CUA Press
ISBN: 9780813209180
Size: 78.34 MB
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This bibliographical guide presents manuscripts and literature in canonical collections, arranged chronologically according to the Early Medieval, Carolingian and Gregorian Reform periods. Each collection is listed along with details on its type, contents, time and place of compilation and author (where known). Includes invaluable indices of manuscripts, libraries and collections for easy reference.

The Judicial House Of Lords

Author: Brice Dickson
Publisher: Oxford University Press
ISBN: 0199532710
Size: 47.69 MB
Format: PDF
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In 2009 a new UK Supreme Court takes on the judicial functions of the House of Lords. In this book a group of over 40 eminent lawyers and legal historians look back over the 130 years of the judicial House of Lords to give a comprehensive history of its role, reputation and impact on the law in the UK and beyond.

Law And Custom In Korea

Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1139536346
Size: 13.87 MB
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This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.

The Importance Of Assent

Author: Jan-Willem Van der Rijt
Publisher: Springer Science & Business Media
ISBN: 9789400707665
Size: 19.21 MB
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The view that persons are entitled to respect because of their moral agency is commonplace in contemporary moral theory. What exactly this respect entails, however, is far less uncontroversial. In this book, Van der Rijt argues powerfully that this respect for persons’ moral agency must also encompass respect for their subjective moral judgments – even when these judgments can be shown to be fundamentally flawed. Van der Rijt scrutinises the role persons’ subjective moral judgments play within the context of coercion and domination. His fresh, original analysis of Kant’s third formulation of the Categorical Imperative reveals how these judgments are intimately connected to a person’s dignity. The result is an insightful new account of coercion, a novel Kantian reformulation of the republican notion of non-domination and a compelling, innovative argument in favour of retributive justice. "In this admirably clear and insightful work, Van der Rijt develops an original account of coercion and dignity. On the basis of his analysis of the relation between these two concepts, he also provides an intriguing new angle on the nature of republicanism. I recommend this book to anyone interested in freedom and power and their roles in normative political theory." Ian Carter - University of Pavia "In this carefully argued and original study Jan-Willem van der Rijt offers an analysis of coercion, a broadly Kantian argument that coercion is an affront to dignity, and an illuminating contrast with Philip Pettit's republicanism. A most welcome contribution." Thomas E. Hill, Jr. - University of North Carolina at Chapel Hill "Jan-Willem van der Rijt has written a well argued, original book that will prove to be extremely helpful for the philosophical inquiry of the relationship between coercion and human dignity as well as for the assessment of republicanism and its consequences." Ralf Stoecker - University of Potsdam

Mining Text Data

Author: Charu C. Aggarwal
Publisher: Springer Science & Business Media
ISBN: 1461432235
Size: 75.59 MB
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Text mining applications have experienced tremendous advances because of web 2.0 and social networking applications. Recent advances in hardware and software technology have lead to a number of unique scenarios where text mining algorithms are learned. Mining Text Data introduces an important niche in the text analytics field, and is an edited volume contributed by leading international researchers and practitioners focused on social networks & data mining. This book contains a wide swath in topics across social networks & data mining. Each chapter contains a comprehensive survey including the key research content on the topic, and the future directions of research in the field. There is a special focus on Text Embedded with Heterogeneous and Multimedia Data which makes the mining process much more challenging. A number of methods have been designed such as transfer learning and cross-lingual mining for such cases. Mining Text Data simplifies the content, so that advanced-level students, practitioners and researchers in computer science can benefit from this book. Academic and corporate libraries, as well as ACM, IEEE, and Management Science focused on information security, electronic commerce, databases, data mining, machine learning, and statistics are the primary buyers for this reference book.

The Immutable Laws Of Mankind

Author: Alastair Davidson
Publisher: Springer Science & Business Media
ISBN: 9400741839
Size: 23.80 MB
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The key question for the history of universal human rights is why it took so long for them to become established as law. The main theme of this book is that the attainment of universal human rights required heroic struggle, first by individuals and then by ever-increasing numbers of people who supported those views against the major historical trends. Universal human rights are won from a hostile majority by outsiders. The chapters in the book describe the milestones in that struggle. The history presented in this book shows that, in most places at most times, even today, for concrete material reasons a great many people oppose the notion that all individuals have equal rights. The dominant history since the 1600s has been that of a mass struggle for the national-democratic state. This book argues that this struggle for national rights has been practically and logically contradictory with the struggle for universal rights. It would only be otherwise if there were free migration and access to citizenship on demand by anybody. This has never been the case. Rather than drawing only on European sources and being limited to major literary figures, this book is written from the Gramscian perspective that ideas mean little until they are taken up as mass ideologies. It draws on sources from Asia and America and on knowledge about mass attitudes, globally and throughout history.