Relevant bibliographies by topics / History and law

Academic literature on the topic 'History and law'

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Published: 10 March 2023

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Journal articles on the topic "History and law"

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Quinn, Anthony, John McEldowney, Paul O'Higgins, Mary Dowling Daley, David Gwynn Morgan, Robert Clark, and Peter Byrne. "Law and History." Books Ireland, no. 148 (1991): 39. http://dx.doi.org/10.2307/20626391.

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Oyarzún, Pablo. "Law, Violence, History." Critical Times 2, no. 2 (August 1, 2019): 330–37. http://dx.doi.org/10.1215/26410478-7708387.

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Abstract This article offers a reading of the concluding paragraph of Walter Benjamin's “Toward the Critique of Violence.” It discusses Benjamin's assertion that only a philosophical-historical approach can provide the key to a critique of violence in light of his essay's discussion of legal violence, and in light of his discovery of radically different types of violence. Benjamin argues that the legal order remains enclosed in a cycle of law-positing and law-preserving violence. Moreover, the legal order inherits the essential trait of myth and of mythic violence: ambiguity. This article shows that guilt is the destiny of those subjected to mythic (and legal) forms of violence. The fateful cycle of legal violence can be undone only by the irruption of an absolutely heterogeneous type of violence, which Benjamin calls divine violence. Its peculiarity consists in the fact that, in deposing legal violence (and the legal order as a whole), divine violence also deposes itself as violence. Although divine violence cannot be attested to as a fact or as a force unequivocally acting in the profane—that is, the human—context, it is nevertheless immanent to the profane world. Its immanence is the immanence of the messianic.
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Edge, Peter W. "History, Sacred History and law at the Intersection of Law, Religion and History." Studies in Church History 56 (May 15, 2020): 508–28. http://dx.doi.org/10.1017/stc.2019.28.

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Lawyers, both practitioners and academics, engage with legal history in a variety of ways. Increasing attention is being paid to legal regulation of history and memory. This article argues that the interaction of law and history is particularly problematic within the context of a dispute with a religious element. It will use three case studies to illustrate these challenges: (1) The repeal of the Fradulent Mediums Act 1951 by the Consumer Protection from Unfair Trading Regulations 2008; (2) The Babri Masjid / Ram Temple dispute in Ayodhya, India; and (3) The Hindmarsh Island bridge controversy in South Australia. These case studies show the difficulties legal actors face when confronted with incompatible secular and sacred histories and diverse ways of ‘knowing history’, but also the importance, nonetheless, of understanding history in order to understand the relationship between law and religion.
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Douzinas, Costas. "History Trials: Can Law Decide History?" Annual Review of Law and Social Science 8, no. 1 (December 2012): 273–89. http://dx.doi.org/10.1146/annurev-lawsocsci-102811-173854.

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Dine, Sarah B. "Law, History, And Epidemics." Health Affairs 40, no. 4 (April 1, 2021): 678–79. http://dx.doi.org/10.1377/hlthaff.2021.00319.

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Geiger, Andrea. "Disentangling Law and History." Southern California Quarterly 100, no. 3 (2018): 263–96. http://dx.doi.org/10.1525/scq.2018.100.3.263.

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This article juxtaposes the history of Japanese immigrants in Canada—which parallels that of Japanese immigrants to the United States in significant ways—with that of Canada’s Indigenous people, who were also marginalized, to explore larger issues related to the way in which history is deployed in court actions. Although it uses a Canadian case—the 2008 decision of Canada’s Supreme Court in R. v. Kapp (which upheld an exclusive 24-hour communal sales fishery established on behalf of three First Nations)—to frame this discussion, the questions raised are relevant on both sides of the U.S.-Canada border. The article speaks, for example, to ways in which efforts to meet the elements of a given legal test can lead to the distortion of historical evidence, also a danger for U.S. courts. In reviewing the historical arguments made by the Japanese Canadian Fishermen’s Association in R. v. Kapp, which invoked two earlier cases from the 1920s in which Japanese immigrants challenged their exclusion from Canadian fisheries on race-based grounds, the article also provides a summary of that history of exclusion. It highlights the importance of reading immigration and Indigenous histories together in order to develop a more comprehensive understanding of the complex ways in which racialized groups have negotiated racial divides. These negotiations produced a far more intricate set of alignments and divisions among and within various racialized groups than is often recognized.
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Coleman, Stephen. "Church Law History Consortium." Ecclesiastical Law Journal 24, no. 3 (September 2022): 383–84. http://dx.doi.org/10.1017/s0956618x22000382.

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Green, Thomas J. "History and Canon Law." Jurist: Studies in Church Law and Ministry 67, no. 2 (2007): 1–2. http://dx.doi.org/10.1353/jur.2007.0019.

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McConville, Brendan. "Land, Law, and History." Reviews in American History 29, no. 4 (2001): 510–15. http://dx.doi.org/10.1353/rah.2001.0077.

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Curran, William J. "Reading “History, Rhetoric, Law”." Antitrust Bulletin 42, no. 2 (June 1997): 439–56. http://dx.doi.org/10.1177/0003603x9704200205.

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Dissertations / Theses on the topic "History and law"

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Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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Minato, Junichi. "Growth history of quartz crystals twinned after Japan law." 京都大学 (Kyoto University), 2002. http://hdl.handle.net/2433/150001.

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Bose, Feler. "Evolutionary impulses in law." Fairfax, VA : George Mason University, 2007. http://hdl.handle.net/1920/2986.

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Thesis (Ph. D.)--George Mason University, 2007.
Title from PDF t.p. (viewed Jan. 17, 2008). Thesis directors: Charles K. Rowley, Duncan Black. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Economics. Vita: p. 206. Includes bibliographical references (p. 201-203). Also available in print.
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Maranan, Joven G. "Countdown to martial law| The U.S.-Philippine relationship, 1969-1972." Thesis, University of Massachusetts Boston, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10160224.

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Between 1969 and 1972, the Philippines experienced significant political unrest after Philippine President Ferdinand Marcos’ successful reelection campaign. Around the same time, American President Richard Nixon formulated a foreign policy approach that expected its allies to be responsible for their own self-defense. This would be known as the Nixon Doctrine. This approach resulted in Marcos’ declaration of martial law in September 1972, which American officials silently supported. American officials during this time also noted Marcos’ serving of American business and military interests. Existing literature differed on the extent Marcos served what he thought were American interests. Stanley Karnow’s In Our Image noted that Marcos did not adequately serve American interests, noting that he sent an insignificant amount of soldiers to Vietnam. Karnow also did not mention business interests. Raymond Bonner’s Waltzing with a Dictator mentioned that Marcos was effective for serving American business and military interests. James Hamilton-Paterson’s America’s Boy agrees with Bonner’s assessment, also noting that Marcos served American business and military interests. Materials from the Digital National Security Archive (DNSA) and Foreign Relations of the United States (FRUS) series affirmed Bonner and Hamilton-Paterson’s position, while noting that Karnow’s work was outdated because of the limited information he had when In Our Image was published. There are three issues that concerned the U.S.-Philippine relationship under President Marcos during this time. The first issue was the societal and political unrest that threatened to undermine Marcos. The second issue concerned U.S. officials’ application of the Nixon Doctrine to the Philippines. The third regarded President Marcos’ serving of military and business interests in the Philippines. Marcos supported maintaining America’s Filipino bases, which were important hubs of American military operations during the Vietnam War. In addition to military interests, President Marcos also aided American businesses in the Philippines, by removing restrictions that threatened American business activity. Each of these concerns led to President Marcos’ declaration of martial law. American officials’ tacit support for Marcos reflected their commitment to the Nixon Doctrine, which ensured political stability that preserved American business and military interests.

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Jackson, Betty Lee. "The poor law in Lancashire 1820-50." Thesis, Lancaster University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.337367.

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Wells, Elizabeth. "Common law reporting in England 1550-1650." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260105.

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Ryan, Magnus Jerome. "The Libri Feudorum and the Roman law." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272260.

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Hamzic, Vanja. "A history in the making : Muslim sexual and gender diversity between international human rights law and Islamic law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/a-history-in-the-making(1fff3bb6-e893-40f0-88eb-85ec4d8549de).html.

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This thesis offers a critical historical analysis of the discourses on sexual and gender diversity related to international human rights law and Islamic law, as well as an ethnographic account of contemporary Muslims in Lahore, Pakistan whose pluralist sexual and gender experience defies the punitive gaze of state law. The central hypothesis of this project is that critical - and parallel - examinations of the legal, social and political genealogies of human rights law and the Islamic legal tradition, as they relate to human sexual and gender difference, can reveal some salient patterns of insurrectionary vernacular discursive practices. It is, moreover, posited that sexually diverse and gender-variant Muslims already engage in such practices, which help them to negotiate their legal, political and social positions. The ethnographic part of this thesis, then, documents and interrogates those practices, while the concomitantly pursued historical analysis provides a broader background for understanding their invaluable role. Thereby compiled and recounted, a history - of sexual and gender plurality amidst the umma (1) past and present - is always already in the making. Whilst its roots - and rites­ run deep into the idiosyncratic forms of Muslim sociality, that narrative is now increasingly seen as a part of larger human rights and sexual/gender reforms. This thesis, thus, also endeavours to contextualise and historicise the treatment of sexual/gender diversity in international law- epitomised in the (legal) ascendance of the notions of sexual orientation and gender identity - by retracing, inter alia, the making of the sexual and gendered subject of Christian and European law. Ultimately, this thesis is an interdisciplinary account of Muslim sexual and gender diversity, and of the attempts of historical and contemporary legal systems at its regulation.
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Cohen, Jonathan. "Some aspects of the history of restitution in Jewish law." Thesis, University of Liverpool, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367053.

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Lodhi, Onees. "The concept of Hijra in Islamic law : a transregional history." Thesis, SOAS, University of London, 2018. http://eprints.soas.ac.uk/30274/.

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Books on the topic "History and law"

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Law in History Conference (9th 1990 Macquarie University). Law in history. Macquarie, NSW: Austrialian Journal of Law & Society, 1990.

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Peter, Wilmshurst, ed. Law in history. Macquarie, NSW: Australian Journal of Law & Society, 1995.

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Bender, Harold Stauffer. Early history and law. Crockett, Ky: Rod and Staff Publishers, 2005.

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Gordon, Robert W., and Morton J. Horwitz, eds. Law, Society, and History. Cambridge: Cambridge University Press, 2009. http://dx.doi.org/10.1017/cbo9780511921629.

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Hannan, Shah Abdul. Law economics and history. Dhaka: The Printmaster, 2003.

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Wiel, Constant van de. History of canon law. Louvain: Peeters Press, 1991.

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David, Sugarman, ed. Law in history: Histories of law and society. New York: New York University Press, 1996.

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Law and war: International law and American history. New York: Columbia University Press, 2010.

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Roman law in European history. New York: Cambridge University Press, 1999.

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Oral history and the law. Denton, Tex. (NT Box 13734, Denton 76203): Oral History Association, 1985.

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Book chapters on the topic "History and law"

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Valverde, Mariana. "Law versus History." In Foucault on Politics, Security and War, 135–50. London: Palgrave Macmillan UK, 2008. http://dx.doi.org/10.1057/9780230229846_7.

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Wijffels, Alain. "History and Law." In Recht im Wandel - Wandel des Rechts, 427–52. Köln: Böhlau Verlag, 2014. http://dx.doi.org/10.7788/boehlau.9783412216818.427.

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Zarach, Stephanie. "Law Firms." In British Business History, 178–80. London: Palgrave Macmillan UK, 1994. http://dx.doi.org/10.1007/978-1-349-13185-3_32.

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Abeyratne, Ruwantissa. "History." In Air Transport and Pandemic Law, 31–70. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-80885-3_2.

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Bevan, Vaughan. "History." In The Development of British Immigration Law, 49–103. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003333968-2.

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Orakhelashvili, Alexander. "History." In Akehurst's Modern Introduction to International Law, 18–31. 9th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003162117-2.

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Orakhelashvili, Alexander. "History." In Akehurst's Modern Introduction to International Law, 17–30. Eighth edition. | Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.4324/9780429439391-2.

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Staudinger, Alison. "History of Public Law." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 3088–94. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-20928-9_1194.

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Staudinger, Alison. "History of Public Law." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 1–7. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31816-5_1194-1.

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Stauffer, Jill. "Law and Oral History." In Logics of Genocide, 208–25. New York : Routledge, 2020. | Series: Routledge studies in contemporary philosophy: Routledge, 2020. http://dx.doi.org/10.4324/9781003056614-15.

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Conference papers on the topic "History and law"

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Efremova, A. E., and T. A. Zaitseva. "DEVELOPMENT TRENDS OF RUSSIAN LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2021. http://dx.doi.org/10.22250/lsr.2021.5.

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Olds, Jerry D. "A History of Utah Water Law." In Water Resources and Environment History Sessions at Environmental and Water Reources Institute Annual Meeting 2004. Reston, VA: American Society of Civil Engineers, 2004. http://dx.doi.org/10.1061/40738(140)8.

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Coffey, P. J. E., and J. B. Connor. "Verification of Darcy's Law." In Great River History Symposium at World Environmental and Water Resources Congress 2009. Reston, VA: American Society of Civil Engineers, 2009. http://dx.doi.org/10.1061/41032(344)8.

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Muzychuk, A. E. "INSTITUTE OF PARTICIPATION IN CRIME IN SOVIET CRIMINAL LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.11.

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Kulyaskina, Irina Yu. "FRANK'S VIEWS ON NATURE, ESSENCE AND FUNCTIONS OF LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2021. http://dx.doi.org/10.22250/lsr.2021.11.

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Bokach, S. B. "SOCIAL RELATIONS IN THE PROCESS OF LAW CODIFICATION IN GERMANY." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.1.

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Gacitua, Ricardo B., Victor Aravena-Diaz, Carlos Cares, and Francisco Cifuentes-Silva. "Conceptual distinctions for traceability of history of law." In 2016 11th Iberian Conference on Information Systems and Technologies (CISTI). IEEE, 2016. http://dx.doi.org/10.1109/cisti.2016.7521607.

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Crepeau, John. "A Brief History of the T4 Radiation Law." In ASME 2009 Heat Transfer Summer Conference collocated with the InterPACK09 and 3rd Energy Sustainability Conferences. ASMEDC, 2009. http://dx.doi.org/10.1115/ht2009-88060.

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Since the 1700s, natural philosophers understood that heat exchange between two bodies was not precisely linearly dependent on the temperature difference, and that at high temperatures the discrepancy became greater. Over the years, many models were developed with varying degrees of success. The lack of success was due to the difficulty obtaining accurate experimental data, and a lack of knowledge of the fundamental mechanisms underlying radiation heat exchange. Josef Stefan, of the University of Vienna, compiled data taken by a number of researchers who used various methods to obtain their data, and in 1879 proposed a unique relation to model the dependence of radiative heat exchange on the temperature: the T4 law. Stefan’s model was met with some skepticism and was not widely accepted by his colleagues. His former student, Ludwig Boltzmann, who by then had taken a position at the University of Graz in Austria, felt that there was some truth to the empirical model proposed by his mentor. Boltzmann proceeded to show in 1884, treating electromagnetic radiation as the working fluid in a Carnot cycle, that in fact the T4 law was correct. By the time that Boltzmann published his thermodynamic derivation of the radiation law, physicists became interested in the fundamental nature of electromagnetic radiation and its relation to energy, specifically determining the frequency distribution of blackbody radiation. Among this group of investigators was Wilhelm Wien, working at Physikalisch-Technische Reichsanstalt in Charlottenburg, Berlin. He proposed a relation stating that the wavelength at which the maximum amount of radiation was emitted occurred when the product of the wavelength and the temperature was equal to a constant. This became known as Wien’s Displacement Law, which he deduced this by imagining an expanding and contracting cavity, filled with radiation. Later, he combined his Displacement Law with the T4 law to give a blackbody spectrum which was accurate over some ranges, but diverged in the far infrared. Max Planck, at the University of Berlin, built on Wien’s model but, as Planck himself stated, “the energy of radiation is distributed in a completely irregular manner among the individual partial vibrations...” This “irregular” or discrete treatment of the radiation became the basis for quantum mechanics and a revolution in physics. This paper will present brief biographies of the four pillars of the T4 radiation law, Stefan, Boltzmann, Wien and Planck, and outline the methodologies used to obtain their results.
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Fedorov, Roman. "CONSTITUTIONAL AND LEGAL IDEA OF THE “SOCIAL STATE” IN THE HISTORY OF LEGAL AND POLITICAL THOUGHT." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/066-075.

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The article is devoted to the problem of the social state as one of the fundamental constitutional principles of the state structure of modern developed countries. The course of historical development of philosophical and legal thought on this problem is considered. The idea of a close connection between the concept of the social state and the ideas of utopian socialism of Thomas More and Henri Saint-Simon is put forward. Liberals also made a significant contribution to the development of the idea of the social state, they argued that the ratio of equality and freedom is a key problem for the classical liberal doctrine. It is concluded that the emergence of the theory of the social state for objective reasons was inevitable, since it is due to the historical development of society.
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Threatte, James. "Criminal history systems: new technology and new directions." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266286.

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Reports on the topic "History and law"

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Hilt, Eric. History of American Corporate Governance: Law, Institutions, and Politics. Cambridge, MA: National Bureau of Economic Research, July 2014. http://dx.doi.org/10.3386/w20356.

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Gallagher, Alan. Each in its own sphere : religion and law in Oregon history. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.5459.

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Devereux, Stephen. Policy Pollination: A Brief History of Social Protection’s Brief History in Africa. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/ids.2020.004.

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The relatively recent emergence and sustained rise of social protection as a policy agenda in Africa can be understood as either a nationally owned or ‘donor-driven’ process. While elements of both can be seen in different countries at different times, this paper focuses on the pivotal role of transnational actors, specifically international development agencies, as ‘policy pollinators’ for social protection. These agencies deployed a range of tactics to induce African governments to implement cash transfer programmes and establish social protection systems, including: (1) building the empirical evidence base that cash transfers have positive impacts, for advocacy purposes; (2) financing social protection programmes until governments take over this responsibility; (3) strengthening state capacity to deliver social protection, through technical assistance and training workshops; (4) commissioning and co-authoring national social protection policies; (5) encouraging the domestication of international social protection law into national legislation. Despite these pressures and inducements, some governments have resisted or implemented social protection only partially and reluctantly, either because they are not convinced or because their political interests are not best served by allocating scarce resources to cash transfer programmes. This raises questions about the extent to which the agendas of development agencies are aligned or in conflict with national priorities, and whether social protection programmes and systems would flourish or wither if international support was withdrawn.
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Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Bohrer, Mandi L. Assessing the Efficacy of Capital Punishment in the War on Terror through the Lenses of History, Law and Theory. Fort Belvoir, VA: Defense Technical Information Center, May 2009. http://dx.doi.org/10.21236/ada512430.

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Funk, Kellen, and Lincoln Mullen. Legal Modernism. Roy Rosenzweig Center for History and New Media, 2022. http://dx.doi.org/10.31835/legalmodernism.

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Xifra i Triadú, Jordi. Historia de las Relaciones Públicas/Public Relations’ History. Revista Internacional de Relaciones Públicas, December 2015. http://dx.doi.org/10.5783/rirp-10-2015-01-01-04.

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Баттахов, Петр Петрович. ПРОБЛЕМЫ И ОСОБЕННОСТИ ПРАВОВОГО РЕГУЛИРОВАНИЯ СОЦИАЛЬНОГО ПРЕДПРИНИМАТЕЛЬСТВА В РОССИИ. DOI CODE, 2021. http://dx.doi.org/10.18411/1815-1337-2021-51857.

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The article discusses the history of social entrepreneurship development in Russia. The concept and activities of a new social project in the country are being studied, legal regulation of entrepreneurial, social legal relations of subjects of law is being studied. Particular attention is paid to the requirements for the establishment of separate legal regulations for social enterprises. In the future, the author identifies a change in the vector of development of social entrepreneurship in the Russian Federation and assistance from the state in various priority areas in order to develop economic entities. It is proposed to improve some articles of the current legislation and, at best, to adopt a separate federal law "On Social Entrepreneurship of the Russian Federation."
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Ferrari, Maria Aparecida. Historia y trayectoria de las Relaciones Públicas en Brasil - History of Public Relations in Brazil. Revista Internacional de Relaciones Públicas, May 2011. http://dx.doi.org/10.5783/rirp-1-2011-02-29-68.

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May, M., T. Clancy, D. Fittinghoff, P. Gennaro, K. Hagans, G. Halvorson, M. Lowry, et al. Reconstitution of Low Bandwidth Reaction History. Office of Scientific and Technical Information (OSTI), November 2004. http://dx.doi.org/10.2172/15011793.

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