Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.

History, Modern. --- Legal history.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The book addresses efforts to politically influence and curb the judicial system, by telling the story of the enactment of controversial laws in Norway in 1927. It draws parallels to current challenges to the autonomy of the legal order, both in countries where populist forces seek control over the courts, and in other countries where increasing levels of conflict, such as around the climate crisis and the pandemic, challenge the rule of law. In 1927 the Norwegian Parliament enacted three laws that changes the rules of the game in the relation between Labor and Capital. The law was weaponized in benefit of the employers. By this, the legislature departed from the classic ideal of equality before the law and law’s autonomy as a neutral order. The new laws were called the penitentiary laws. The demonstrations against one of the laws, the Arbitration Act in 1928 were the largest manifestation of civil disobedience in Norwegian history. They provoked a level of lawlessness that has not been matched, with exception of the situation during the German occupation 1940-1945. The book analyses the events with the aid of the theory of civil disobedience in liberal democracies put forward by the philosopher John Rawls and the theory of the legal complex developed by the socio-legal scholars Terence Halliday, Lucien Karpic, and Malcolm Feeley. This book tells the story of the Penitentiary Laws, how the laws came into being, how they were received and resisted, and how they were defeated through civil disobedience and with the support of a legal complex which reached far into the legal system. The outcome of the conflict may be one of the factors that explain the high level of trust that the legal institutions enjoy in present day Norway.

Law --- Law --- Law and the social sciences. --- Political science. --- Theories of Law, Philosophy of Law, Legal History. --- Socio-Legal Studies. --- Legal History. --- Political Theory. --- Philosophy. --- History.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.

Law --- Obligations (Law) --- Philosophy. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- History.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The aesthetics of law deals with the relationship between law and beauty by searching for aesthetic values in the law itself (an internal perspective), by finding material related to law in art and culture (an external perspective), and, lastly, by demonstrating the impact of legal norms on what can be broadly understood as beauty (law as a tool of aestheticization). Regarding all these phenomena, the aesthetics of law ultimately allows us to see the law more clearly and more profoundly. What is more, the law does not function, nor has it ever functioned, separately from its means of expression, which are incontrovertibly subject to aesthetic interpretation. If we think about law in this way, perceiving not only the message, but also the manner in which it is conveyed, the whole set of means and tools used, the perfection and beauty of the form, then we will see art in it. After all, the widely known and still applicable ancient maxim ius est ars boni et aequi equates law and art. This alone should be an argument for aesthetic reflection on the law, a field of endeavour that should never have been abandoned. The book’s twenty-three chapters, written by scholars from various countries and three continents, are thematically diverse. In them we present the manifestations of the aesthetics of law from an external perspective. If we accept a definition of the concept of law that is as broad as possible, not only as a synonym of a certain formalized normative system, but also including the process of its creation (legislation), its application and interpretation (jurisprudence), and even teaching on and research into it (doctrine), we can identify a wealth of aesthetic references in the law. A broadly understood aesthetics of law, approached solely from an external perspective, covers such disciplines as law and literature, the aesthetics of legal rhetoric, the trial as performance, the aesthetics of courthouse architecture, law in the fine arts, law in film, law and music, pictorial law, symbols of the law and legal symbols, symbols of the state and power, legal archaeology etc. The field of research is, therefore, wide. In addition to topics traditionally and obviously associated with the aesthetics of law, such as law and literature, law in the fine arts, and court rhetoric, there are chapters on e.g. legal ethics and trademarks. All authors share the belief that beauty in law is important, even when it is hidden in a caricature. Further, they argue for restoring the aesthetics of law to its proper place in philosophical and legal discourse, as doing so would yield a host of benefits for the addressees of law.

Law and aesthetics. --- Law --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- History.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This groundbreaking book delves into the lived experiences and collective wisdom of Indigenous communities impacted by colonialism. Through collaborations with non-Indigenous colleagues, this book seeks to inform current legal practices and advocate for a transformative shift toward justice, equity, and the recognition of First Law and Earth-centered law. By presenting Indigenous stories as case studies and incorporating the collective wisdom gained through extensive discussions and exchanges with non-Indigenous colleagues, the authors highlight the ways in which Australian law falls short in upholding holistic principles and fails to align with First Law and Earth-centered law. The book invites readers to consider alternative legal futures that are rooted in respect, justice, and the well-being of both Indigenous peoples and the natural environment. Through its thought-provoking analysis, literature reviews, and insights from Indigenous leaders, this book serves as a powerful resource for legal practitioners, policymakers, scholars, and anyone passionate about social justice and environmental sustainability. The book aims to ignite meaningful dialogue and inspire concrete actions to address the historical injustices faced by Indigenous peoples while fostering a more inclusive and equitable legal framework for the generations to come.

Law --- Law and the social sciences. --- Peace. --- Australasia. --- History. --- Human rights. --- Theories of Law, Philosophy of Law, Legal History. --- Socio-Legal Studies. --- Legal History. --- Peace and Conflict Studies. --- Australian History. --- Human Rights. --- Philosophy.