A Cosmopolitan Jurisprudence

2021 ◽  

H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.

2019 ◽  
Vol 3 (2-3) ◽  
pp. 16
Author(s):  
Christine Schultz-Richert

In her work, Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock, author Amy Werbel explores the unintended consequences of the forty-year vice suppression campaign of America’s first professional censor, Anthony Comstock. Equal parts a history of lust in art and a legal history of the cultural importance of the First Amendment, this work offers an inspiring tale of artist-, activist-, and attorney-led revolts against censorship, and underlines how the pursuit of moral and sexual control through prosecution is futile in the face of interminable cultural and technological change. Werbel points to the proliferation of lust and freedom of expression as evidence of Comstock’s ultimate failure to “purify” the nation of those materials that he deemed obscene. However, the most salient, underlying current of the story of Comstock is not perhaps the question of the efficacy of his mission, but instead the ways in which such efforts disproportionately silence the most vulnerable.


2018 ◽  
Vol 2 (5) ◽  
pp. 6
Author(s):  
Alexandra Padilha Bueno

O presente artigo é parte de estudos realizados no campo da História da Educação, com ênfase na história intelectual, e das mulheres que se propuseram a analisar a trajetória de Mariana Coelho (1874-1954), intelectual, feminista e educadora portuguesa que chegou ao Paraná em 1893. Ela morou em Curitiba e, nessa capital, manteve-se atuante até1940. Nesse período, além de colaborar em diversos periódicos da imprensa local, produziu e publicou seis livros. Como recorte para este artigo, optou-se por analisar a coluna mensal Chronica da Moda, publicada por Coelho no jornal curitibano Diário da Tarde. Embora a coluna tratasse de assuntos considerados femininos – naquele contexto – Mariana Coelho utilizou o espaço que lhe foi concedido para debater o feminismo, os direitos da mulher, sua condição diante da profissionalização e presença na cena pública, bem como a relevância de sua educação para ocupação desse novo espaço social. Como fontes, privilegiou-se, para uso neste artigo, as colunas que foram publicadas em 1901, visto que, nelas Coelho defendia publicamente o voto feminino e o feminismo, o que lhe colocou em um embate público com outros intelectuais paranaenses do período. Do ponto de vista teórico, o artigo aborda o conceito de intelectual de Carlos Eduardo Vieira, os conceitos de trajetória, campo e capital de Pierre Bourdieu e redes de sociabilidade de Jean-François Sirinelli.* * *This article is part of studies conducted in the field of the History of Education with focus on intellectual history and women’s history that proposed the analysis of Mariana Coelho (1874-1954), intellectual, feminist and Portuguese educator’s trajectory, who arrived in the state of Paraná in 1893. Coelho lived in Curitiba, and stayed active until the 1940s. In that period, in addition to her collaboration in many local press’s journals, Coelho produced and published six books. As passage for this article, it was decided to analyze the biweekly column Chronica da Moda, published by Coelho in the Curitiba’s newspaper Diário da Tarde. While the column addressed subjects considered feminists – in that context – Mariana Coelho used the space given to her to discuss feminism, women’s rights, women’s conditions in the face of professionalization and public presence, as well as the relevance of women’s education to occupy this new social environment. Columns published in 1901 were used as references for this article, since, in those Coelho publically defended women’s rights to vote and feminism, which placed her in a public debate with other intellectuals of the time. From a theoretical point of view, this article approaches Carlos Eduardo Vieira’s intellectual concept, Pierre Bourdieu’s trajectory, field and capital concepts, and Jean-François Sirinelli‘s sociability network.


2005 ◽  
Vol 30 (1) ◽  
pp. 1-6
Author(s):  
Peter Sahlas

AbstractThe author provides context to the readers of the six papers featured in this issue of the Review of Central and East European Law, which examine elements of the new Civil Code of the Russian Federation from foreign and comparative law perspectives. A brief history of the milestones in Quebec and Russian experiences in private law codifi cation is supplemented with a narrative describing the lead role played in the latter by the Private Law Research Center in Moscow, and the support role played by, among others, the McGill University Faculty of Law.


2020 ◽  
Vol 135 ◽  
pp. 19-73
Author(s):  
Philipp Höhn ◽  
Alexander Krey

City books (Stadtbücher) reflect the practice of urban law and are among the most important records for medieval German urban (legal) history. Since the 19th century, scholars have analysed them extensively and edited several such registers. Studying the intellectual history of three different editorial approaches to these records allows us to analyse the editors’ underlying assumptions and the way they reconstructed the working of the law in the past. Fritz Rörig (1882 – 1952), an economic historian, viewed the Lübeck urban registers as sources for economic and constitutional history. Consequently, Rörig judged much of the material they contain as ‘useless’, contaminations which could not be ignored, but had to be presented as briefly as possible in tabular form. Editing the Cologne property registers (“Schreinsbücher”) Hans Planitz (1882 – 1954), a legal historian interested in ‘German Law’ (Deutsches Recht), viewed these registers as records of legal practice which embodied (unwritten) Cologne law. Consequently, he omitted all material not suited to reconstructing that body of law. Wilhelm Ebel (1908 – 1980), a legal historian, was also selective in editing the verdicts of the Lübeck town council. In contrast to Planitz and Rörig, Ebel was convinced that legal practice was derived directly from normative law. Thus, it should be possible to analyse individual verdicts in order to reconstruct the substance of Lübeck law. An analysis of his edition, however, shows that Ebel failed to distinguish between edition and interpretation. If, as he believed, Lübeck law had been a coherent and stable body of law for 700 years, then it was necessary to mold the inchoate verdicts in the sources to fit the model and to nudge readers to reach the ‘right’ conclusions. All three editorial approaches were governed by the perception that their sources were not quite fit for purpose. These deficits could only be eliminated by selecting, calendering, abridging or visualizing the source material. In consequence, they overlooked the fact that these registers were based on day to day legal practice.


2021 ◽  
Vol 5 (S1) ◽  
Author(s):  
Suci Ramadani ◽  
Elwi Danil ◽  
Fadilla Sabri ◽  
Aria Zurnetti

This paper aimed to discuss the legal politics of regulating narcotics and illegal drugs in Indonesia. Using normative legal research methods, this normative legal research focuses on an inventory of positive law, legal principles and doctrines, legal findings in cases in concreto, legal systematics, comparative law, and legal history. The writing of this scientific paper uses primary legal materials and secondary legal materials. Primary legal materials are in the form of laws and regulations related to the issues raised, including Law No. 35 of 2009 concerning Narcotics. Secondary legal materials are materials that explain primary legal materials, such as law books. The results of the research are supported by the opinions of legal experts (doctrine), as well as legal journals related to this research, among others, that narcotics legal politics is the main point in forming a legal system in the form of laws and regulations that regulate criminal acts as described above, Articles 111, 112 has a reasonably heavy prison sentence, which is a minimum of 4 years, and a maximum sentence of 20 years, even the death penalty.


2015 ◽  
Vol 30 (1) ◽  
pp. 107-135 ◽  
Author(s):  
Levi Cooper

AbstractThis study seeks to forge a new avenue of legal scholarship on the modern religious movement known as Hasidism. The paper focuses on Rabbi Shneur Zalman of Liady (ca. 1745–1812)—Hasidic master, religious thinker, and jurist. Much has been written on Shneur Zalman, his formidable leadership in the face of strident opposition and his groundbreaking religious philosophy. His legacy continues to animate contemporary Judaism, primarily through his spiritual heirs—the Lubavitch Hasidic community—and through his Hasidic thought known as Chabad. The present study maps out an aspect which has been widely neglected, but is nonetheless crucial to understanding this religious leader: Rabbi Shneur Zalman's legal activity. The first part of the study surveys existing research, assessing what has been achieved thus far, and what tools are available for further research. The second part of the essay highlights salient questions to be considered as part of a judicial biography, offering preliminary answers to these questions. The article concludes with the contention that without serious analysis of Rabbi Shneur Zalman's legal writings—or for that matter, legal writings of Hasidic masters in general—any intellectual history of this religious movement will be incomplete.


1998 ◽  
Vol 16 (1) ◽  
pp. 159-162 ◽  
Author(s):  
Markus Dirk Dubber

Kenneth Ledford's and Michael Meranze's insightful comments raise important questions about the nature of legal history in general, and of the history of punishment in particular. According to Ledford and Meranze, modern legal history is social history, to be distinguished from “old-style intellectual history.” A product of the latter “historical method no longer in favor,” “The Right to Be Punished” draws Ledford's and Meranze's criticism for its insufficient “root[s]… in the soil of social history” and for its inadequate “account of the … social basis of the modern will to punish” and “the social embeddedness of punishment.”


2021 ◽  
pp. 1-12
Author(s):  
Knox Peden

As history became a narrative of contexts as well as of actions, the moral and exemplary character of the actions related was affected … The narrative of action became a narrative of mystery, meaning not only the mystery of random contingency, but the mystery of how decision and action were framed in the face of contingency. Whether action had proved successful or disastrous, that which was exemplary about it was at the same time that which was arcane, formed in the depths of the human heart as it interacted with fortune. The epigraph comes from the “prelude” to the second volume of Barbarism and Religion, J. G. A. Pocock's masterpiece devoted to reconstructing the manifold contexts for understanding Edward Gibbon's History of the Decline and Fall of the Roman Empire. In this passage, Pocock is addressing the transformation of historical understanding in the wake of the Pyrrhonian controversy that dominated early modern learning. Reconstruction of contexts, Pocock argued, was one answer to skepticism about our knowledge of the past, but it could not come at the expense of an understanding of action and motivations. For his part, Gibbon sought a neoclassical synthesis designed to generate “narrative at the point where the exemplary became the arcane.” Such is the paradox of historiography as a modern craft. That which gives a historical episode its value (its exemplarity) is typically that which escapes the explanatory frameworks we bring to it (its arcana).


1994 ◽  
Vol 32 ◽  
pp. 423
Author(s):  
John P. S. McLaren

Canadian legal history has undergone a transformation during the past twenty-five years from a scholarly void to a lively branch of social and intellectual history. It is now recognized as an important area of research and speculation by legal academics, historians and people in a range of other humanities and social science disciplines. Courses in Canadian legal history are offered in most law schools and several history departments. This change has been brought about by the hard work and dedication of a small but energetic band of scholars. Albertan legal historians have played an important seminal role in this movement, in particular by researching and encouraging others to work on the legal history of the Northwest Territories and Prairie Provinces. This essay describes the growth of research into and the teaching of Canadian legal history in Alberta, and the special contributions of Wilbur Bowker, Louis Knafla and Rod Macleod to that endeavour. It concludes with several reflections on how interest in legal history in the Province might be further expanded.


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