A Dialogue Between Law And History
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A Dialogue Between Law And History
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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
A Dialogue Between Law And History written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Law categories.
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
Law In Theory And History
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Author : Maksymilian Del Mar
language : en
Publisher:
Release Date : 2016
Law In Theory And History written by Maksymilian Del Mar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
"This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas."--Résumé de l'éditeur.
Thomas Hobbes Writings On Common Law And Hereditary Right
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Author : Alan Cromartie
language : en
Publisher: Clarendon Press
Release Date : 2005-03-03
Thomas Hobbes Writings On Common Law And Hereditary Right written by Alan Cromartie and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-03 with Philosophy categories.
This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.
The Role Of A Dialogue Between A Philosopher And A Student Of The Common Laws Of England In Hobbes S Conception Of Law And Legal History
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Author : Giuseppe Mario Saccone
language : en
Publisher:
Release Date : 1995
The Role Of A Dialogue Between A Philosopher And A Student Of The Common Laws Of England In Hobbes S Conception Of Law And Legal History written by Giuseppe Mario Saccone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Common law categories.
Comparative Legal History
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Author : Olivier Moréteau
language : en
Publisher: Edward Elgar Publishing
Release Date :
Comparative Legal History written by Olivier Moréteau and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Facts And Evidence
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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2021-01-04
Facts And Evidence written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-04 with Law categories.
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
Law In Theory And History
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Author : Maksymilian Del Mar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-17
Law In Theory And History written by Maksymilian Del Mar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.
The Englishman S Right
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Author : John Hawles
language : en
Publisher: Legare Street Press
Release Date : 2023-07-18
The Englishman S Right written by John Hawles and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.
The Englishmans Right is a dialogue between a barrister and a juryman, which clearly explains the antiquity, excellent designed use, and the office and just privilege of juries by the law of England. This book provides an in-depth analysis of the role of juries in the legal system of England. Written by John Hawles, a barrister at law, this book is an essential read for anyone interested in the history of English law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A Dialogue Between A Country Farmer And A Juryman On The Subject Of Libels The Liberty Of The Press And The Rights Of Jurymen Are The Bulwark Of The English Constitution
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Author : MULTIPLE CONTRIBUTORS.
language : en
Publisher: Gale Ecco, Print Editions
Release Date : 2018-04-20
A Dialogue Between A Country Farmer And A Juryman On The Subject Of Libels The Liberty Of The Press And The Rights Of Jurymen Are The Bulwark Of The English Constitution written by MULTIPLE CONTRIBUTORS. and has been published by Gale Ecco, Print Editions this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-20 with categories.
The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. 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. Now for the first time these high-quality digital copies of original 18th century manuscripts are available in print, making them highly accessible to libraries, undergraduate students, and independent scholars. This collection reveals the history of English common law and Empire law in a vastly changing world of British expansion. Dominating the legal field is the Commentaries of the Law of England by Sir William Blackstone, which first appeared in 1765. Reference works such as almanacs and catalogues continue to educate us by revealing the day-to-day workings of society. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++ British Library T066141 With a half-title. London: printed in the year, 1770. [7],6-21, [1]p.; 8°
The Englishman S Right
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Author : John Hawles
language : en
Publisher: Palala Press
Release Date : 2015-09-07
The Englishman S Right written by John Hawles and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-07 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.