Common Law, Civil Law, and Colonial Law: Essays in Comparative Legal History from the Twelfth to the Twentieth Centuries, 

Автор: Donovan
Название: Juries And The Transformation Of Criminal Justice In France In The Nineteenth And Twentieth Centuries
ISBN: 1469622181 ISBN-13(EAN): 9781469622187
Издательство: Mare Nostrum (Eurospan)
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Цена: 36030.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system.From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

Название: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law): Studies in Comparative Legal History
ISBN: 9004395288 ISBN-13(EAN): 9789004395282
Издательство: Brill
Цена: 184630.00 T
Наличие на складе: Нет в наличии.
Описание: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michal Galedek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Lukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

Автор: Brand
Название: Judges and Judging in the History of the Common Law and Civil Law
ISBN: 1107542545 ISBN-13(EAN): 9781107542549
Издательство: Cambridge Academ
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Цена: 40130.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume of essays by leading legal historians addresses the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. The essays derive from papers presented at the 18th British Legal History Conference.

Название: Exile in colonial asia
ISBN: 0824883144 ISBN-13(EAN): 9780824883140
Издательство: Mare Nostrum (Eurospan)
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Цена: 31410.00 T
Наличие на складе: Нет в наличии.
Описание: Exile was a potent form of punishment and a catalyst for change in colonial Asia between the seventeenth and early twentieth centuries. Exile in Colonial Asia explores the phenomenon of exile in ten case studies.

Автор: Mayeux Sara
Название: Free Justice: A History of the Public Defender in Twentieth-Century America
ISBN: 1469661659 ISBN-13(EAN): 9781469661650
Издательство: Mare Nostrum (Eurospan)
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Цена: 25040.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the ""carceral state,"" but also about the contours and compromises of twentieth-century liberalism.

First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a ""crisis"" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Автор: Sara Mayeux
Название: Free Justice: A History of the Public Defender in Twentieth-Century America
ISBN: 1469656027 ISBN-13(EAN): 9781469656021
Издательство: Mare Nostrum (Eurospan)
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Цена: 82770.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism.

First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.