The Oxford Handbook of English Law and Literature, 1500-1700

The Oxford Handbook of English Law and Literature, 1500-1700
Author: Lorna Hutson
Publisher: Oxford University Press
Total Pages: 833
Release: 2017
Genre: History
ISBN: 0199660883

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"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive.They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire"--Book jacket.

The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law
Author: Bardo Fassbender
Publisher: OUP Oxford
Total Pages: 1272
Release: 2012-11-01
Genre: Law
ISBN: 019163252X

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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

The Oxford Handbook of Comparative Constitutional Law

The Oxford Handbook of Comparative Constitutional Law
Author: Michel Rosenfeld
Publisher: OUP Oxford
Total Pages: 1416
Release: 2012-05-17
Genre: Law
ISBN: 0191640166

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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Literature and the Law of Nations, 1580-1680

Literature and the Law of Nations, 1580-1680
Author: Christopher Norton Warren
Publisher: Oxford University Press, USA
Total Pages: 297
Release: 2015
Genre: Law
ISBN: 0198719345

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Literature and the Law of Nations, 1580-1680 is a literary history of international law, which seeks to revise the ways scholars understand early modern English literature in relation to the history of international law.

The Oxford Handbook of the Bible in Early Modern England, c. 1530-1700

The Oxford Handbook of the Bible in Early Modern England, c. 1530-1700
Author: Kevin Killeen
Publisher: OUP Oxford
Total Pages: 817
Release: 2015-08-27
Genre: Literary Criticism
ISBN: 0191510580

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The Bible was, by any measure, the most important book in early modern England. It preoccupied the scholarship of the era, and suffused the idioms of literature and speech. Political ideas rode on its interpretation and deployed its terms. It was intricately related to the project of natural philosophy. And it was central to daily life at all levels of society from parliamentarian to preacher, from the 'boy that driveth the plough', famously invoked by Tyndale, to women across the social scale. It circulated in texts ranging from elaborate folios to cheap catechisms; it was mediated in numerous forms, as pictures, songs, and embroideries, and as proverbs, commonplaces, and quotations. Bringing together leading scholars from a range of fields, The Oxford Handbook of the Bible in Early Modern England, 1530-1700 explores how the scriptures served as a generative motor for ideas, and a resource for creative and political thought, as well as for domestic and devotional life. Sections tackle the knotty issues of translation, the rich range of early modern biblical scholarship, Bible dissemination and circulation, the changing political uses of the Bible, literary appropriations and responses, and the reception of the text across a range of contexts and media. Where existing scholarship focuses, typically, on Tyndale and the King James Bible of 1611, The Oxford Handbook of the Bible in England, 1530-1700 goes further, tracing the vibrant and shifting landscape of biblical culture in the two centuries following the Reformation.

The Oxford Handbook of Early Modern European History, 1350-1750

The Oxford Handbook of Early Modern European History, 1350-1750
Author: Hamish M. Scott
Publisher: Oxford Handbooks
Total Pages: 769
Release: 2015
Genre: History
ISBN: 019959726X

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This Handbook re-examines the concept of early modern history in a European and global context. The term 'early modern' has been familiar, especially in Anglophone scholarship, for four decades and is securely established in teaching, research, and scholarly publishing. More recently, however, the unity implied in the notion has fragmented, while the usefulness and even the validity of the term, and the historical periodisation which it incorporates, have been questioned. The Oxford Handbook of Early Modern European History, 1350-1750 provides an account of the development of the subject during the past half-century, but primarily offers an integrated and comprehensive survey of present knowledge, together with some suggestions as to how the field is developing. It aims both to interrogate the notion of "early modernity" itself and to survey early modern Europe as an established field of study. The overriding aim will be to establish that 'early modern' is not simply a chronological label but possesses a substantive integrity. Volume II is devoted to "Cultures and Power", opening with chapters on philosophy, science, art and architecture, music, and the Enlightenment. Subsequent sections examine 'Europe beyond Europe', with the transformation of contact with other continents during the first global age, and military and political developments, notably the expansion of state power.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1152
Release: 2018-08-02
Genre: Law
ISBN: 0192513133

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Custom, Common Law, and the Constitution of English Renaissance Literature

Custom, Common Law, and the Constitution of English Renaissance Literature
Author: Stephanie Elsky
Publisher: Oxford University Press
Total Pages: 240
Release: 2020-09-17
Genre: Literary Criticism
ISBN: 0192605852

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Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.

The Corporate Commonwealth

The Corporate Commonwealth
Author: Henry S. Turner
Publisher: University of Chicago Press
Total Pages: 338
Release: 2016-06-17
Genre: Business & Economics
ISBN: 022636335X

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At a time when the standing and status of corporations is much in the news, this study of the early modern history of the concept of the corporation is particularly timely. Henry S. Turner provides a new account of early modern political institutions and political concepts by turning to the history of the corporation as a type of notional person and as a way of organizing collective life. Universities, guilds, towns and cities, religious confraternities, joint-stock companies: all were legal corporations, and all enjoyed rights and freedoms that sometimes exceeded the authority of the State. Drawing on the resources of economic and colonial history, literary criticism, law, political philosophy, and the history of science, Turner reads works by Thomas More, William Shakespeare, Francis Bacon, and Thomas Hobbes, among many others, to find the resources for a new account of corporations as fictional bodies and persons endowed with identities, rights, and the capacity for action. Turner tackles a number of fascinating questions: How did early modern writers make sense of the paradoxical essence of the corporationa collectivity at once imaginary and material, coherent but unbounded, many and at the same time one? And what can the history of the corporation tell us about the history of our own moment, when public goods are increasingly privatized and citizens seek new models of association and meaningful political action? His answers will be of compelling interest to historians, political theorists, literary scholars, and others."

Law, Lawyers and Litigants in Early Modern England

Law, Lawyers and Litigants in Early Modern England
Author: Joanne Begiato
Publisher: Cambridge University Press
Total Pages: 385
Release: 2019-06-27
Genre: History
ISBN: 1108491723

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Explores the impact of legal ideas and legal consciousness on early modern English society and culture.