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Silvan Schenkel untersucht mit dem Deutschen Juristentag 1933 in Leipzig ein zentrales Ereignis für die Konstitution der juristischen Professionselite in der NS-Zeit. Seit 1860 waren die Juristentage der zentrale wissenschaftliche Kongress für Juristen. Der Parteijurist Hans Frank okkupierte den traditionellen "Deutschen Juristentag" und verwandelte die Tagung in ein propagandistisches Forum für die Rechtserneuerung nach dem Leitprinzip "Durch Nationalsozialismus dem deutschen Volk das deutsche Recht". Ausgehend von den polykratischen Strukturen analysiert der Autor die Reden, den Tagungsverlauf sowie die Wirkungsgeschichte des Juristentages 1933. Deutlich wird dabei, wie dieser Tagung die Schlüsselrolle für die Formierung jener Juristenmilieus zukam, die in den folgenden Jahren das juristische System zu einem effektiven und aus Sicht vieler Deutscher legitimierenden Teil der NS-Herrschaft machten.

Law --- Bund Nationalsozialistischer Deutscher Juristen --- Law / Jurisprudence --- Law / Legal History --- Jurisprudence. --- Legal history. --- Law.

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This open access book explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society. The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book s investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council.

Cartography --- Copyright --- History. --- History --- Copyright law --- Legal history --- United Kingdom

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This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.

Law --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- History. --- Legal history --- Jurisprudence --- History and criticism --- Dret --- Filosofia

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One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens’ behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories. The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn’t even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness. The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific, contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”). The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley’s Department of Italian Studies.

Law --- Political science --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Political Philosophy. --- Philosophy. --- History. --- Political philosophy --- Legal history --- Jurisprudence --- History and criticism

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This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike. .

Law—Philosophy. --- Law—History. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Law --- Social sciences --- Philosophy. --- Social philosophy --- Social theory --- Jurisprudence --- History. --- Legal history --- History and criticism