The Making of the Civil Codes


Book Description

The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.




Leo Strauss and His Legacy


Book Description

With over 10,000 entries, this bibliography is the most comprehensive guide to published writing in the tradition of Leo Strauss, who lived from 1899 to 1973 and was one of the most influential political philosophers of the twentieth century. John A. Murley provides Strauss's own complete bibliography and identifies the work of hundreds of Strauss's students, and their students' students. Leo Strauss and His Legacy charts the path of influence of a beloved teacher and mentor, a deep and lasting heritage that permeates the classrooms of the twenty-first century. Each new generation of students of political philosophy will find this bibliography an indispensable resource.




The Social History of Ideas in Quebec, 1760-1896


Book Description

In The Social History of Ideas in Quebec, 1760-1896, Yvan Lamonde traces the province's political and intellectual development from the British Conquest to the election of Prime Minister Wilfrid Laurier. From the individuals who formulated them, to the networks in which they circulated, to their reception, Yvan Lamonde focuses on ideas at work and their role in shaping Quebec history. The mapping of a complete intellectual circuit allows Lamonde to follow the strains of ideological debates - monarchism, liberalism, republicanism, democracy, revolution, ultramontanism, nationalism - over more than a century. His work is informed by an encyclopaedic reading of the print culture of the period and the book conveys a profound and nuanced knowledge of the social context and cultural channels - educational institutions, newspapers, the book trade - in which intellectual debate occurred. Lamonde argues that while these ideas concerned politics, they went beyond the political: they were a fundamental and everyday element of civic society that was expressed in the public sphere through pamphlets, the popular press, and sermons. Lamonde's scrutiny of public opinion in Quebec allows him to place such currents of thought in the colony's international context: that of France, England, Rome, the United States, and their respective metropolises. The Social History of Ideas in Quebec, 1760-1896 covers a volatile time in the province's history - from the end of the French Regime through the American invasion, the War of 1812, and the Rebellions in Lower Canada - capturing the cultural ascension of a society and the foundations of Quebec identity.




Wife to Widow


Book Description

This monumental study of two generations of women who married either before or after the Patriote rebellions of 1837-38 explores the meaning of the transition from wife to widowhood in early nineteenth-century Montreal. Bettina Bradbury weaves together the individual biographies of twenty women, against the backdrop of collective genealogies of over 500, to offer new insights into the law, politics, demography, religion, and domestic life of the time. She shows how women from all walks of life interacted with and shaped Montreal's culture, customs, and institutions, even as they laboured under the shifting conditions of patriarchy. Wife to Widow provides a rare window into the significance of marriage and widowhood.




Essays in the History of Canadian Law


Book Description

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a tribute to Professor R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority. The fifteen original essays are by notable scholars, some of whom were students of Professor Risk, and represent some of the best and most original work in the area of Canadian legal history. They cover a number of important topics that range from the form of the criminal trial in the eighteenth century, to debates over the meaning of property in the nineteenth, and to lawyer/poet Tom MacInnes's views on the law of aboriginal title in the twentieth century.




Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law


Book Description

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.




Fair Reflection of Society in Judicial Systems - A Comparative Study


Book Description

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.