The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
... Reginald 184 McKibbin , R. 65 , 217 , 247 , 272 , 273 , 284 Mackintosh , Alphonso 162 Macmillan , Harold 298-9 mains ( dicing game ) 21 managers 200-5 , 400 Masterman , C. E. G. 183 match betting 218 Matthews , Charles 180 Matthews ...
Mark A. Graber, Howard Gillman ... 2 In an introduction to a work subtitled Lessons from the Confederate Constitution that rarely refers to slaves or slavery, Marshall L. DeRosa declares, “the model of government embodied in the CSA ...
12. 1807 Yours of the 3d . Int has been duly received . " The opinions which you give touching the case of Lee & Coulson have been always mine , ever since I examined the case . I now enclose you a Copy of Murdocks deposition .
196. Id. at 813-16 (Scalia, J., dissenting) (citing Romero v. Int'l Terminal Operating Co., 358 U.S. 354 (1959); Lauritzen v. Larsen, 345 U.S. 571 (1953); Murray v. Schooner Charming Betsy, 6 U.S. (2 Cranch64)(l804)). 197. Id. at 8 1 7.
页末的这幅图片描绘了一个断头台的早期原型,名为“福尔布雷特”(字面意思是“下落的木板”)。在这个刑具中,没有锋利的(甚或金属的)刀片,通过迅速一击来使身首分离;相反,这个刑具只是由几块结实的橡木板构成。在锤击的作用下,厚钝的木板边缘可以砸烂受害者的 ...
1962年9月,美国司法部长罗伯特•肯尼迪主持召开“毒品滥用白宫会议”,开始从公众健康导向角度思考吸毒问题,尝试进行毒品贩卖者和毒品成瘾者之间的区分。1965年3月8日,约翰逊总统批准了《1965年药品滥用管制修正案》,对危险药品的非法使用进行严格管制, ...
Trial of the Chicago Eight (or Chicago Seven).
Papers of John Marshall: Vol. II: Correspondence and Papers, July 1788-December 1795, and Account Book, July 1788-December 1795
In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind.
本书对古典私权一般理论的发展历程进行深入考察,包括考察其思想根源——盛行于17世纪末期至18世纪的德国自然权利义务理论;探究其对民法体系构造的影响,借此揭示潘得克吞式民法体系的形成原因与内在机理。