A critical legal history of French banking and industrialisation: an alternative to the law and development framework

2019 ◽  
Vol 7 (2) ◽  
pp. 215-251
Author(s):  
Jamee K Moudud

Abstract Money is central to production and the constitutional theory of money has emphasised its fundamentally public foundations, with flows of credit being demand-determined. Using France as a case study, this paper challenges the Law and Development framework by discussing law’s constitutive role in promoting industrialisation via the mobilisation of credit.

Author(s):  
John B. Nann ◽  
Morris L. Cohen

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.


Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.


2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.


Author(s):  
David Ibbetson

Legal history is by no means a unitary discipline. A convenient and conventional division can be made between ‘internal’ and ‘external’ legal history. The former is the history of lawyers' law, of legal rules and principles. Its sources are predominantly those that are thrown up by the legal process: principally statutes and decided cases, supplemented where possible with lawyers' literature expounding the rules and occasionally reflecting on them. The latter is the history of the law in practice, of legal institutions at work in society rather than legal rules existing in a social, economic, and political vacuum. This article discusses the historical foundations of legal historiography, the professionalization of legal history, internal legal history, and external legal histories.


1992 ◽  
Vol 66 (3) ◽  
pp. 523-572 ◽  
Author(s):  
Allen Kaufman ◽  
Lawrence Zacharias

Although the managerial function arises out of organizational needs imposed by market competition and technological development, managers' professional status has come in large part from legal conceptions that perceive the managerially run firm as an institutional bulwark for modern democracy. This article examines how the law, through its doctrines of trust and contract, has made and unmade management as a semi-public profession. The article explores the history of tender-offer regulation as a case study of this process.


2003 ◽  
Vol 19 (3) ◽  
pp. 265-277
Author(s):  
David Roberts

In 2001, when David Soul sued the Daily Mirror for printing a defamatory review of his West End show, The Dead Monkey, questions surfaced about the critic's rights and responsibilities under the law. There have been numerous accounts in recent years of the relationships between law and literature, and the general assumption is that critics can claim the defence of ‘fair comment’. However, very little work has been done on the history, rationale, and implications of that defence, or on the actions before Soul's in which aggrieved theatre people have attempted to bring critics to account. David Roberts evaluates individual cases from legal history in which the critic's rights have been tested, and considers what they have to tell us about the way our society conceptualizes critical activity. Bourdieu's history of taste is invoked, but modified to show how the law's concern with formalism in its own processes has endorsed a matching version of the critical process. David Roberts is Head of English at the University of Central England, Birmingham.


2009 ◽  
Vol 42 (3) ◽  
pp. 464-471 ◽  
Author(s):  
Alon Harel

Reading Tushnet's careful analysis of the history of the American rights revolution filled me with envy. One of the great advantages of writing about law in the U.S. is the ability to experience and benefit from centuries of sustained legal evolution. The world of an Israeli law professor whose horizons barely reach the middle of the twentieth century is impoverished in comparison to the enriching experience of living in a mature and rich legal tradition such as that of the U.S.Living in a different legal tradition and being ignorant of legal history—a field which only began to develop in Israel in the late 1990s—it will be pretentious on my part to try and challenge Tushnet's findings or even to try and explore the similarities and differences with the rights revolution in the Israeli legal system. Instead, I wish to explore the relevance of Tushnet's findings to constitutional theory and argue that constitutional theorists have some important lessons to learn from Tushnet's careful historical observations.


Legal Studies ◽  
2009 ◽  
Vol 29 (2) ◽  
pp. 264-280
Author(s):  
Graham S McBain

Recently, the Law Commission has indicated that it will be considering the abolition of the crime of high treason. The purpose of this paper is to analyse the interesting legal history of one of the offences which go to make up high treason – violating the sovereign's wife or his eldest unmarried daughter or the wife of his eldest son and heir – and to argue for its abolition.


Histories ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 169-183
Author(s):  
Susanna Menis

This paper is about the shaping of the law understood as a positivist enterprise. Positivist law has been the object of contentious debate. Since the 1960s, and with the surfacing of revisionist histories, it has been suggested that the abstraction of the doctrine of criminal law is due to its categorisation in early histories. However, it is argued here that positivism was hardly an intentional master plan of autocratic social control. Rather, it is important to recognise that historians do not provide a value-free recount of history. This paper examines this assertion by drawing on the writings of the English jurists William Blackstone and his work Commentaries on the Law of England (1765), and James Fitzjames Stephen’s A History of the Criminal Law of England (1883). Taking these scholars not as mere a-historical writers but reflecting on the fact that they inevitably ‘functioned’ as conduits of their own social practise opens an inquiry into the social response to a social need, which was already under way long before their time.


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