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Justice and Unjusticiability
The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.
The Dual Penal State
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled puni...
A Modern History of German Criminal Law
Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.
National Union Catalog
Includes entries for maps and atlases.
Perceptions and Images of China
This book contains selected papers given at an interdisciplinary conference about "The Perceptions of China: Images of a Global Player," which took place in Hong Kong in March 2006. The articles deal with different images and perceptions of China in the past and present, and analyze the power of images, not only from a Western but also from an Eastern/Chinese perspective.
The Frankfurt Auschwitz Trial, 1963-1965
Drawing on a wide range of archival sources, this book provides a comprehensive history of the Frankfurt Auschwitz trial.
Private Law and Social Inequality in the Industrial Age
A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. The essays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers. While law-and-society histories have become a growth industry in recent years, most studies in this field tend ...
