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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.
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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.
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What is the place of Jews in medieval Christian societies? in the nineteenth and early twentieth centuries, this question was largely confined to Jewish scholars, and the academic debates where inseparable from the upheavels of the lives of contemporary European Jews.
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Heinrich Zoepfl (1807-1877), Heidelberg Professor of Legal History and Constitutional Law, was active in the turbulent times of the "Vormärz", the "German Revolution" of 1848/49 and the foundation of the German Reich in 1870/71. He took an active part in all events, both in the lecture hall and through his writings, in the First Baden Chamber and in the Erfurt Union Parliament, as well as through widespread activity as an expert. As such, he advised the government in Karlsruhe, those affected by political repression, cities, parliaments and individuals, but especially numerous "mediatized" aristocratic houses, which not only had to cope with their loss of political power, but also had to solve many internal legal issues. Zoepfl was always involved as an expert on aristocratic professional law.For the first time, this volume presents a list of Zoepfls' unprinted and printed expert reports, commission reports, and works that can be found in Heidelberg University Library. Biographical details and an appreciation of his textbooks are followed by critiques of selected expert opinions, and historical outlines of the political situation in Zoepfl's lifetime.
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legal history --- law --- history
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Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle.
Law --- Legal-history. --- History.
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Lawyers --- Legal history --- Nederland
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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.
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Warum spielt für die entstehende Soziologie die Auseinandersetzung mit dem Recht eine zentrale Rolle? Und warum ist dies heute nicht mehr der Fall? Die genealogische Untersuchung zeigt, dass der Grund hierfür in den gegenseitigen Bezugnahmen von Privatrechtswissenschaft und Soziologie liegt. Denn die Art und Weise, wie ausgehend vom 19. Jahrhundert angesichts konkreter Problemlagen aus juristischer Perspektive das Recht als gesellschaftliches Phänomen adressiert wird, spiegelt sich in den frühen Soziologien von Émile Durkheim, Ferdinand Tönnies und Max Weber wider. Dies mündet in eine gegenseitige Abgrenzung, die für die Zukunft Recht und Soziologie in ein problematisches Verhältnis zueinander setzt. Abstract Why did the subject of law play a central role in sociology as it emerged? And why is this no longer the case today? This study explains this transformation of the sociological interest in law by means of a genealogical investigation into the mutual references between the jurisprudence of private law and sociology: the way in which, from a legal perspective starting in the 19th century, law has been addressed as a social phenomenon in the face of concrete problems is reflected in the early sociologies of Émile Durkheim, Ferdinand Tönnies and Max Weber. This has led to a mutual demarcation, which places law and sociology in a problematic relationship to each other for the future.
Law --- Society --- Socioplogy --- Legal history --- Law --- Society --- Socioplogy --- Legal history
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