Sir Henry Maine died in 1888 and since then his ideas have been used by lawyers, historians, sociologists and many others. This is the first book to concentrate upon what he said about the law itself, and, as such, it explores the pioneering work Maine did in explaining law not by reference to abstract analysis but by placing it firmly in its social and historical context. Instead of concentrating on concepts such as sovereignty he looked at the realities of law as it was practised by professionals and experienced by laymen. The result was a controversial achievement stressing the reforming duties of jurists and citizens at times of social change. This is neither a conventional biography nor an abstract analysis of Maine's thought, but a demonstration of the contemporary context and significance of his views.
The assembled articles in The History and Theory of Legal Practice in China illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese le
This book will provide the reader with a chronological review of the Supreme Court jurisprudence on the Commander-in-Chief power of the President and how the Court developed and enforced the boundarie
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical p
The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the rel
Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.
