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Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Comparative law --- Common law --- Civil law --- Colonies --- Droit comparé --- Droit civil --- History --- Law and legislation --- Histoire --- Droit --- Common law, Systèmes de --- Droit anglo-américain --- Droit anglo-saxon contemporain --- Systèmes juridiques de Common law --- Droit d'être entendu --- Droit anglo-saxon ancien --- Droit coutumier --- Equity --- Droit créé par le juge --- Anti-colonialism --- Colonial affairs --- Colonialism --- Neocolonialism --- Imperialism --- Non-self-governing territories --- Colonization --- Comparaison en droit --- Comparaison juridique --- Comparatisme juridique --- Droit comparatif --- Droits comparés --- Législation comparée --- Méthode comparative --- Anthropologie juridique --- Pluralisme juridique --- Law, Civil --- Private law --- Roman law --- Anglo-American law --- Law, Anglo-American --- Customary law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Droit commun (droit privé) --- Droit romain --- Procédure civile --- Ratification (droit) --- Rapports juridiques --- Biens (droit) --- Civilistes --- Droit funéraire --- Droits de la personnalité --- Droits subjectifs --- Expression de la volonté (droit) --- Impuissance sexuelle (droit civil) --- Novation --- Nullité (droit) --- Obligations (droit) --- Patrimoine --- Personnes (droit) --- Pouvoir (droit) --- Propriété --- Représentation (droit) --- Successions et héritages --- Droit privé --- Affaires coloniales --- Colonisés --- Empire colonial --- Empires coloniaux --- Peuples colonisés --- Question coloniale --- Vice-royauté --- Administrateurs coloniaux --- Colonialisme et archéologie --- Patrimoine colonial --- Villes coloniales --- Art colonial --- Colonialisme --- Colonisation --- Colons --- Décolonisation --- Éducation coloniale --- Et les colonies --- Expositions coloniales --- Forces armées coloniales --- Influence coloniale --- Mandats internationaux --- Mouvements nativistes --- Photographie coloniale --- Colonies agricoles --- Colonies pénitentiaires --- Engagisme --- Colonies européennes --- Colonies grecques --- Protectorats --- Colonies romaines --- Territoires et possessions --- Jurisprudence --- Unification internationale --- idée politique --- Droit international --- comparative legal history --- medieval law --- roman law --- civil law --- colonial law
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Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.
Human rights --- International law --- Gender studies, gender groups --- Politics & government --- Gender research methodologies --- Feminist political theories --- Feminist legal theories --- Feminist judgements --- Gender equality --- Gender issues in human rights --- Gender issues in international law --- Gender issues in comparative legal history --- Gender issues in private law --- Gender issues in business law --- Gender issues in economics --- Gender equitable taxation --- Gender issues in family law --- Gender issues in criminal law --- Human rights. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Sex. --- Identity politics. --- Human Rights. --- Private International Law, International and Foreign Law, Comparative Law. --- Gender Studies. --- Politics and Gender. --- Identity (Psychology) --- Politics of identity --- Political participation --- Gender (Sex) --- Human beings --- Human sexuality --- Sex (Gender) --- Sexual behavior --- Sexual practices --- Sexuality --- Sexology --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Political aspects --- Civil law --- Law and legislation
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