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This article seeks to capture the transformative potential of emergency powers, as a legal–political practice pertaining to liberal legality that ultimately can determine constitutional change, rather than a return to ‘normality’. It does so by providing an analysis of the transition from formal and limited liberal legality in Romania to the series of dictatorships that followed the instauration of the regime of royal dictatorship of King Carol II in 1938. Anchored in a close reading of the archival documents of the trial of the leader of the main far right movement, Corneliu Zelea Codreanu, and the subsequent legal proceedings, the proposed article aims to produce revaluation of the jurisprudential and constitutional status of the regime of King Carol II with a view of understanding the emergency-based dimension of this rule and the particular shift it operated foundational legal categories in criminal and constitutional law. I proceed by examining the current theoretical limitations in addressing the historical role of emergency in relation to constitutional orders. I turn then to exploring the political and legal context of the prorogation of emergency measures in 1938 Romania. Last, I examine the limited status of modern legality in a situation oversaturated by emergency measures.
I examine the transformation of Italy during the fascist era and the way in which it was explained by one of the most prominent constitutional lawyers of the time, Costantino Mortati (1891–1985). A member of the Constituent Assembly of 1946–1948 and later a constitutional judge, Mortati had a deep influence on the Italian post-War constitutional thinking. Here I focus on Mortati’s understanding of the state’s transformation after 1922. I show how he conceptualised Italy’s transition from a liberal state to an authoritarian regime as a shift from the parliament to the executive of the power of ‘political direction’, ie, the power of identification of the aims and values of the state. Mortati did not envisage in the Italian transformation the full erasure of the separation of powers, but rather a large reshuffle of political direction moving from the Parliament to the Head of Government, allegedly a process in line with the country’s needs in the 20th century. He read the growth of executive powers as the most enduring constitutional transformation of his time, one destined in his mind to persist even after the downfall of the regime.
Roger Smith’s Trial by Medicine: Insanity and Responsibility in Victorian Trials traced how Victorian Britain defined legal insanity. Through an interdisciplinary approach, Smith demonstrated how determinations of criminal responsibility were shaped by more than legal reasoning alone, with verdicts also influenced by professional ambition among expert witness groups often with divergent medical opinions, in addition to broader factors such as social class, gender and evolving moral values. Given its rigour and societal insights, it represents a landmark achievement in the field.
The power struggle between debtors and creditors in the 1860s and 1870s signalled a time when face-to-face economic relationships showed signs of strain. Economic life was expanding in more impersonal ways, and debt litigation was increasing as debtors and creditors alike found themselves navigating risk without the long-standing close social ties that once characterised their relationships. Chapter 2 studies legal conflicts and legal codes to understand the risks people took when making contractual agreements and illuminates how they decided to trust each other. It shows debtors attempting to evade their obligations in myriad ways and depicts creditors transmitting their anxieties to the courts through the use of providencias precautorias (precautionary petitions) to sequester goods or people before the initiation of a formal civil suit. Examining legal codes from mediaeval Iberia to nineteenth-century civil law, this chapters shows how jurists, working in a long tradition, attempted to balance the interests of both parties. Although creditors generally prevailed in legal conflicts, the prospects of debtors were on the rise.
Uncovering a series of landmark but often overlooked extradition cases between China and foreign powers from the 1860s to the 1920s, this study challenges the prevailing conception that political crimes in China were solely a domestic phenomenon. Extradition and extraterritoriality played an important role in shaping laws and regulations related to political crimes in modern China. China's inability to secure reciprocal extradition treaties was historically rooted in the legacy of extraterritoriality and semi-colonialism. Jenny Huangfu Day illustrates how the fugitive rendition clauses in the Opium War treaties evolved into informal extradition procedures and describes how the practice of fugitive rendition changed from the late Qing to Republican China. Readers will gain an understanding of the interaction between international law, diplomacy, and municipal laws in the jurisdiction of political crimes in modern China, allowing Chinese legal history to be brought into conversation with transnational legal scholarship.
The chapter provides an analytical survey of the development of wardship in England from 1066 to 1540, when the Court of Wards was placed on a legislative establishment. In so doing, the chapter performs two roles. Firstly, it provides a detailed introduction to the institution of wardship. Secondly, it explains how the Crown wrought seismic and profoundly unsettling changes in the English land law, especially during the 1530s. In conjunction with the largest forcible re-distribution of land since the Conquest, that is the dissolution of the monasteries, this significantly increased the number of heirs falling into wardship.
The Court dealt with a surprisingly wide variety of cases and for a period, certainly under the Mastership of Lord Burghley (1561–98), usually did so in a tolerably even-handed, equitable, manner. Under the Stuarts, however, as they increasingly sought to maximise their revenues from wardship, so the Court’s legal functions were suborned to its fiscal functions – local juries were strong-armed into finding tenures beneficial to the Crown and producing wardships; previous legal precedent was jettisoned where it was found convenient to do so.
The Introduction examines the emergence and development of law and literature as an interdisciplinary field, while highlighting the ways in which eighteenth-century studies has contributed to and been shaped by the enterprise. Over the past twenty-five years, scholars have examined numerous connections between the era’s legal and literary discourses, emphasizing the formal complexities of both legal and literary texts. The chapters in this volume build upon and extend this body of work, taking up topics including the nature of legal and literary interpretation, the role of legal rhetoric in Britain’s industrial economy, the desire for and resistance to law during public health crises, the regulation of the legal profession, the emergence of the modern judicial decision, the place of law in Britain’s expanding empire, and the role of law in maintaining and rectifying gendered, racial, religious, and class-based inequalities. The Introduction presents an overview of these case studies, reflects on themes running through the volume, and offers suggestions for future work in the field.
The Town and Country Planning Act 1932 (TCPA 1932) was the first planning Act in English law to include country within the legal scope of town planning. This transformed the scope of town planning, legally enabling planning and land administration on a local, regional and national level. Despite this, the TCPA 1932 has been overlooked by legal scholars, who mark the origins of modern planning with the Town and Country Planning Act 1947. This paper celebrates the legacies of the TCPA 1932, namely the inclusion of rural areas within planning legislation, and the centralised role of local authorities in effectuating planning practice, demonstrating how these principles continue to shape planning legislation into the present.
Today, the Chancery Court is the appeal court for the province of York in the Church of England. There are some excellent specialised period-specific studies which take in the Chancery Court alongside other York church courts, mostly from the Borthwick Institute at York.1 However, there is no book exclusively devoted to the Chancery Court setting out its full history. The court is also rather neglected in standard texts on the history of English ecclesiastical law. Even the great Richard Helmholz has no index entry on it in his monumental history of canon law in England.2 Holdsworth in his well-known history of the common law has a page and a half on courts of the Archbishop of Canterbury; as to York’s archiepiscopal courts, he simply states they ‘corresponded’ to those of Canterbury.3 These are typical of most scholars today.4 This article, therefore, seeks to redress this imbalance – to correct what seems to be a case of juridical amnesia and so to unveil the forgotten, or hidden, Chancery Court of York. It offers a short history of the identity, jurisdiction, officers, records and processes, and jurisprudence of the Chancery Court of York. It also points out some key differences between the Chancery Court and its Canterbury equivalent, the Arches Court. The article focuses mainly on its post-Reformation history, as treated in the dispersed secondary literature – and it adds to this what the English ecclesiastical lawyers since the Reformation – civilians, common lawyers, and clerical jurists – say about this York court.
Chapter Five presents historical analysis to establish two key points that lay a foundation for the normative argument presented in Chapter Six. First, throughout the nineteenth century, federal courts applied a system of weak judicial review in which they enforced treaty-based rules to protect individual rights from government infringement. Therefore, the type of weak review system I am proposing in Chapter Six has deep historical roots in American public law. Second, due to a largely invisible constitutional transformation that occurred between 1945 and 1965, international human rights treaties are not currently available to U.S. courts as a source of judicially enforceable rights. However, under current constitutional understandings, Congress has the power to make human rights treaties judicially enforceable by enacting an appropriate statute to that effect.
The aim of this book is to investigate the history and rationale for the paradoxical extension of human rights to companies in the European Convention on Human Rights (ECHR) and to analyse the Court's jurisprudence on protection of companies' intellectual property in this light. The study shows how, before the adoption of the ECHR, the concepts of legal personality and possessions functioned as legal fictions in European civil and common law to facilitate ownership and sale of tangible and intangible property, shares, debts, securities and intellectual property. The Court's construction of the ambiguous text of Article 1 of the First Protocol and its application to corporate intellectual property rights is reviewed in this light and shown to have been initially anchored in the legal fictions of national laws and later expanded and reinforced by European Union law.
With its supporting materials and explanatory footnotes added to the transcribed narrative, The History of Mary Prince resembles a bundle of legal documents. This was no accident: Thomas Pringle sought to intervene in the public debate about Caribbean slavery by publishing a trustworthy, firsthand account of its horrors. Yet the relationship of The History to legal matters was not only metaphorical, and two legal suits followed its publication, both for libel. The first was brought by Pringle himself in response to an attack in print by James MacQueen, a trenchant defender of British slavery. The second suit was brought by Prince’s former enslaver John Adams Wood, who claimed that Pringle had libeled him in the first place in The History. Prince appeared as a witness in both trials, and her testimony during the second trial provides an additional source of information about her life. With extracts from The History and MacQueen’s article read aloud in both trials, the court thus became a significant site for Prince and the continuing “trials” that she faced during her life.
This chapter deals with a market arrangement at a moment of uncertainty and concern around its continued existence. This arrangement is what I call the impersonal price, or a system of impersonal retail prices, elsewhere also referred to as a system of fixed prices. These phrases describe markets where prices are visible, homogeneous across customers, and non-negotiable. As the chapter shows, impersonal retail prices did not just happen. They are the product of complex interactions between legal regulation, material-technical arrangements, and economic theories, as mobilized in different historical contexts to different socio-political and economic ends.
This article explores the dynamics of court practice with regard to mercantile preinsolvency in later nineteenth- and early twentieth-century Belgium. In 1883, the Belgian legislature introduced the proceeding of concordat préventif, making it possible for insolvent entrepreneurs to remain outside the liquidation-oriented procedure of faillite. Instead, they could declare their financial problems and propose a scheme of payment to their creditors. Despite this goal, however, the 1883 law, along with subsequent laws of 1885 and 1887, imposed high majority voting requirements. Accordingly, in the Antwerp commercial court, the shortcomings of the legislation were amended to ameliorate its procedural and judicial practice. The new practices of the court resulted in higher rates of acceptance of applications. However, these success ratios were not evenly distributed among the groups of debtors who applied. Perceptions shared by both creditors and judges may have advantaged merchants, brokers, and entrepreneurs who belonged to the higher strata of the city’s business world.
The year 2025 marks the 120th anniversary of Lochner v. New York, a 1905 U.S. Supreme Court decision striking down legislative limits on work hours in the baking industry. U.S. scholars generally agree this decision harmed workers and was a setback to the labor movement in the United States. The essay borrows from some of the historian E.P. Thompson’s writings on the relationship between historical inquiry and normative values in order to reflect on Lochner and the relative consensus among scholars opposing the decision. That reflection in turn serves as a point of entry for thinking about the role of normative values in doing labor history, what values we propound in the present by writing and teaching about the history of working-class people, and how those issues relate to different ways labor historians can understand what is arguably our field’s central category, class. The essay suggests that, with regard to the Lochner decision and in general, labor history is something of a different activity if the field’s orientation is toward the amelioration of time- and place-specific problems in working-class people’s lives, toward class as inherently a category of violence and injustice, or both.
Chapter 6 is a history of emancipation in New York that stresses the combined importance of economic and legal pressures on slavery in areas of Dutch control. The gradual legal freedoms slaves gained after the Revolution served as a foot in the door towards eventual emancipation. When slaves were routinely given the ability to choose new masters, to seek work on their own, and to make money on their own (with some repayment to the slave owners), they made a crucial first step into a world of freedom. Voluntary slave manumission and self-purchase emancipations were the result of a process of negotiating the terms of slavery’s demise one person at a time. This dispersed, on-the-ground struggle was shaped by statutory law, as others have recognized, but, arguably, it was the common law that demonstrated and determined New Yorkers’ changing attitudes about slaveholding. Courtroom decisions about interpreting the states’ laws on slavery guaranteed that the freedoms won through slaves’ negotiations with their enslavers would be protected by the courts.
This article challenges the narratives that we tell ourselves about women’s history in the nineteenth century, particularly narratives that celebrate progress in the legal status of women, based on the acquisition of rights. As it shows, legal changes in the nineteenth century lumped all women into an artificially reductive category “women,” separated them from their families’ property, and turned those claims into something so problematic that they were linked to fraud. By the end of the nineteenth century, it was difficult to imagine that family property to which women contributed all their lives might actually belong to them. The article focuses on white women of considerable means. But the point is that the problematic legal category “women” not only compromised all women’s legal claims to property, but also obscured other, important social and legal differences—including those of race and class—among them.
Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
While the Mansfeld Regiment traveled through southern Germany in August 1625, flag-bearer Hieronymus Sebastian Schutze accidentally shot and killed his friend Hans Heinrich Tauerling during a drinking bout. Two days later, one of the regiment’s cavalry companies started a fire in the small town of Remmingen near Ulm. Thick descriptions of these events reveal daily life in the Mansfeld Regiment, as well as attitudes toward masculinity, murder, guilt, drunkenness, and violent death.