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Nowadays Ukraine is experiencing an extremely difficult wartime in the strengthening democratic European values of social life. With the help of the critical analysis method the historical and legal evaluation of objective norms in labor sphere which are discriminatory was done. The comparativelegal method has helped to study the draft's norms on conformity of their current legislation of Ukraine on labor. In the context of the armed struggle for Democracy, part of which is recognition of human rights and strengthening the Rule of Law, legislative initiative to reform the legal regulation of social relations, the object of which is the labor and employment, has signs of an anti-democratic state-political regime. The most dangerous tendency of the Draft is that its content prioritizes the economic system over the individual, which contradicts Article 3 of the Constitution of Ukraine and may lead to severe consequences, examples of which in the history of the state and law include genocides against nations. The Labor Code of Ukraine, dated December 10, 1971, No. 322-VIII is today the only normative legal act that is really able to protect human rights in Ukraine, in particular, the employee, along with the Constitution of Ukraine. At the same time, certain institutions and sub-institutions of labor law need to be developed as a result of the dynamics of social relations related to labor. Instead, the Draft Law of Ukraine «On Labor» on the legislative initiative of the Cabinet of Ministers of Ukraine represented by D. Shmygal does not represent any development of the already established foundations and principles of legal regulation of labor relations, but on the contrary, proposes to cancel them all, which has the characteristics of an anti-democratic state-political regime and discrimination of a person on the basis of work. The current Labor Code of Ukraine certainly needs to be improved, but any reforms of legal regulation cannot cancel the already developed legal institutions on the basis of the principle of the rule of law. Unfortunately, the Project is not of an evolutionary nature of the institutions of the right to work, it simply escapes them, which contradicts the existing regulatory framework of Ukraine, and can lead to an irreparable social situation, examples of which have repeatedly occurred in the historical and legal development of the nations of the world. The methods of our doctrinal research are the method of critical analysis and description, the comparative legal method, etc. [ABSTRACT FROM AUTHOR]

The article discusses Anne Orford's book "International Law and the Politics of History," highlighting her critical approach to historical narratives in international law. Orford challenges the conventional framing of debates in international law, urging readers to question normative assumptions and engage with history in a politically aware manner. The article also explores the role of genealogy in historical inquiry, using examples from Orford's work and Samuel Moyn's book "The Last Utopia" to illustrate how genealogical approaches can disrupt established historical narratives and prompt critical reflection on present values. The author suggests that genealogy offers a politically engaged and presentist alternative to traditional historical methods, encouraging readers to reevaluate their understanding of history and its implications for contemporary legal practice. [Extracted from the article]

The article "International Law and the Politics of History" by Anne Orford explores the intersection of law and history in the context of international economic law. Orford delves into the debate between lawyers and historians regarding the proper methods of addressing the histories of international law, focusing on the role of historical argument in international legal disputes, particularly in the fields of trade and investment law. The article critiques Quinn Slobodian's work on neoliberalism and economic integration, highlighting the importance of historical narratives in shaping legal arguments. Orford calls for lawyers to responsibly engage with the past to make effective interventions in the present, drawing on the concept of the uncanny to emphasize the hidden histories that underpin legal practice. [Extracted from the article]

The article "International Law and the Politics of History" by Anne Orford explores the intersection of critical international law and intellectual history in the last two decades. It discusses the interdisciplinary engagement between these fields, highlighting the challenges and frictions that arose due to poststructuralist, feminist, postcolonial, and decolonial critiques. Orford's monograph, "International Law and the Politics of History," provides a critical analysis of the relationship between international law and intellectual history, advocating for a more nuanced understanding of the political and epistemological underpinnings of scholarship. The article concludes by reflecting on the future of international legal history and the need for new intellectual coalitions that transcend disciplinary boundaries. [Extracted from the article]

The article "What is the History of International Law For?" published in the journal "Global Intellectual History" discusses the intersection of history, critique, and international law. The author explores the turn to history in international law since the 1990s and its implications for legal arguments. The article critiques the limitations of empiricist historiography in international law and the challenges of engaging with history in legal scholarship. It also examines the role of indigenous international law and the impact of genealogy as a method of critique in understanding international law. The author reflects on the changing landscape of international law and the need for scholars to adapt to new geopolitical and ecological conditions. [Extracted from the article]

The article "International Law and the Politics of History" by Anne Orford explores the relationship between law and history, challenging the conventional narratives and methodologies used in legal and historical scholarship. Orford critiques the Cambridge School's approach to history and its influence on international legal scholarship, highlighting the importance of revisionist history in decolonizing narratives and empowering marginalized groups. The article emphasizes the significance of Indigenous perspectives in reshaping international law and history, particularly through the example of the Waitangi Tribunal in New Zealand. Ultimately, Orford calls for a more nuanced and inclusive conversation between international lawyers and historians to explore the political and methodological implications of engaging with the past in the context of international law. [Extracted from the article]

The article "Jurisprudence and Socio-Legal Studies: Intersecting Fields" published in the Journal of Law & Society explores the intersection of jurisprudence and sociology of law. The author, reflecting on their experience as a law student, discusses the transformative impact of key texts in shaping their understanding of law in context. The text delves into the distinctness of jurisprudence and sociology of law, aiming to put them into conversation with each other and map their intersections. Through a comprehensive analysis, the author navigates disciplinary boundaries, historical developments, and future trajectories of these fields, emphasizing the importance of interdisciplinary engagement and scholarly reflection. [Extracted from the article]

According to Laurent Pech, the rule of law was described as a "'buzzword' by [Hungary's] justice minister; a fiction by a Fidesz MP; and a 'magic word' by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from Hungary's (captured) constitutional court, has presented the rule of law 'as a normative yardstick' which is little more than an empty nineteenth century ideal and a political joker [sic] for all purposes" (Pech, Hague J Rule Law 14(2–3): 107-138, 2022 128). In contrast, the English historian, E.P. Thompson, notoriously and controversially called the rule of law 'a cultural achievement of universal significance.' With small amendments, I agree with Thompson. Each word in that phrase, I seek to demonstrate, deserves emphasis and respect. However, it makes a huge difference what one takes the rule of law to be about. What is universal is the notion and realisation of a state of affairs in which power is reliably tempered so as not to be available for arbitrary abuse. It is that which is a cultural achievement of universal significance. It is a mistake to identify it, as so many do, with any allegedly canonical arrangement of forms and institutions and rules that are enlisted or assumed to embody it. Many people make that mistake. Some do so, because they naively think that installation of familiar institutions they associate with 'the rule of law' is the same as generating the ideal itself. The disappointing history of rule of law promotion around the world shows that is not the case. On the other hand, modern illiberal, often populist, regimes are happy to endorse such a mistake and pretend that they are committed to the rule of law by making a show of conformity to legal forms, while systematically subverting and abusing the rule of law itself. Both the naïve and the malicious interpretations should be rejected. [ABSTRACT FROM AUTHOR]

This article provides a historical perspective on capacity to consent to sex. It examines who could make decisions about sex, whose consent mattered and why. The article draws from legal history and from transcripts and testimonies in unreported sexual offence cases in England, heard in the Central Criminal Court in London and the regional assizes between the years of 1918 and 1950. These cases, often involving vulnerable complainants below the age of consent and those with mental disabilities, show that the concept of capacity was neither fixed nor clearly articulated. The article argues that, historically, capacity was not a biological or medical construct, but rather a social one, influenced by notions of class, gender and even eugenic ideals. The article demonstrates that, during this period, sexual offence law enabled social and population control, and that, despite significant legislative advances, capacity remains a fraught concept. [ABSTRACT FROM AUTHOR]

How were the privacy problems of photography discussed in journalists’ legal discourse between 1890 and 1920, and how did that discourse influence the emerging law of privacy within their professional field, and the role of photography in journalism? New technologies and practices were incorporated into a drastically changing journalism field at the turn of the twentieth century, sparking debate about the boundaries between new forms of reporting and personal rights to privacy and publicity. This article adds nuance to that history by using the conceptual framework of institutionalism to analyze trade press discourse along the new frontier of photographic illustration in the news. It argues that an institutional lens can help us understand how a discourse full of contradictions shored up the emerging model of commercial news media along with a sexist conception of the law of privacy. Seeing how the press balanced professional and economic demands for depictions of everyday life against these social concerns can clarify our picture of how the law of privacy and publicity has developed amid the media marketplace of the twentieth and early twenty-first centuries. [ABSTRACT FROM AUTHOR]

The article is dedicated to the analysis of the functioning of the judicial system and the peculiarities of the judicial proceedings in the rural communities of Galicia between the end of the XVIIIth century and the first half of the XIXth century. The development of legal institutions following the annexation of Galicia to the Habsburg Monarchy is examined, particularly the introduction of the Austrian judicial system, which replaced traditional forms of rural adjudication. The primary focus is on the changes in the structure of courts, the jurisdiction of judges, the process of case hearings, and the participation of peasants in judicial proceedings. The article also characterizes the influences of political, social as well economic factors on judicial procedures and decisions. Special attention is given to the role of peasant self-governance and its integration into new legal norms. The article highlights a significant contribution to understanding the evolution of judicial proceedings in the rural areas of Galicia, which will foster a deeper comprehension of the processes of legal modernization in the Austrian Empire. It describes the impact of the Austrian administration on the judicial system, including a series of reforms aimed at unifying judicial proceedings and implementing Austrian law. This led to significant changes in the structure of the courts, their jurisdiction, and the procedures for implementing their decisions, as the peasants of Galicia had their own traditional legal customs and norms, which often conflicted with Austrian legislation. The integration processes associated with the introduction of the new justice system substantially affected the unique legal culture of the peasants, as rural courts had specific characteristics compared to urban and district courts. The article analyzes legislative acts and reforms introduced by the Austrian authorities in the field of judicial proceedings, their role, and their impact on judicial practice. It identifies the specific features of courts and judicial proceedings in the villages of Galicia during the period under study. The importance of researching this issue lies in understanding the evolution of legal norms, judicial practice, and their impact on the lives of the rural population. The study of the declared problem allows for a better understanding of the legal and social processes that took place in this part of Europe during the specified period. This not only supplements the general picture of the history of law but also helps to identify the roots of contemporary legal traditions and issues. [ABSTRACT FROM AUTHOR]

In this brief overview, the historical development, current legal foundations, the role of the collection mandate for stock conservation, and the structural basis of the e-requirement in Hesse are explained. [ABSTRACT FROM AUTHOR]

This article focuses on the consequences of a single major international affair — the shipwreck of a French ship carrying 165 Muslim pilgrims along the southern shores of Sicily in 1716 — to address two pivotal issues in the reordering of eighteenth--century legal and political systems: the limits of domestic sovereignty in absolutist states and the status of non-Christian polities in the theory and practice of the law of nations. Both the time and place of this episode, which had a vast resonance at the time, have broad implications for how we write about the development of modern international law. While much of the debate on the maritime dimension of the eighteenth-century law of nations focuses on the Atlantic and the Indian Oceans, we spotlight the Mediterranean, where endemic corsairing activities coexisted with age-old diplomatic and day-to-day practices of accommodation and mutual recognition between Christian and Muslim polities. Here we draw attention to shipwrecks that occurred in foreign territorial waters and their heuristic potential for better understanding controversial issues of maritime law, such as the status of shorelines, neutrality and the law of the flag. Even after the Peace of Utrecht (1713–15), which is often regarded as a watershed moment in the history of international law, these rules were far from settled and shipwrecks continued to fuel legal and philosophical battles that extended well beyond the confines of the famous controversy between supporters of mare liberum and advocates of mare clausum. The close examination of the 1716 shipwreck leads us to challenge the land/sea divide as constructed by Carl Schmitt and demonstrate that territorial waters were objects of sovereign disputes in much the same way as land territories. We also show how the emerging Eurocentric discourse about the 'barbarity' of non-Christian peoples and nations coexisted with intellectual, economic and diplomatic forces interested in establishing formal agreements between Western European nations, the Ottoman Empire and its North African provinces. [ABSTRACT FROM AUTHOR]

The editorial in Law & Humanities discusses recent events exploring intersections between law, humanities, and the arts, particularly focusing on Kafka's influence on legal scholarship and practice. The article highlights discussions on Kafka's works, with a focus on "The Trial" and "The Castle," while noting the lack of engagement with "Amerika" among legal scholars. Additionally, the editorial touches on Kafka's shorter fiction and its metaphorical interpretations related to legal subjectivity. The issue also includes reviews of arts productions and books, showcasing diverse perspectives on law and literature. [Extracted from the article]

The article discusses the 2014 documentary film "Beltracchi: The Art of Forgery," directed by Arne Birkenstock, which explores the elaborate art fraud committed by Wolfgang Beltracchi, a German art forger. Beltracchi and his wife were convicted in 2011 for producing and selling counterfeit paintings attributed to famous artists. The film delves into the legal proceedings, the impact on the art world, and the methods used by Beltracchi to create convincing forgeries. It also raises questions about the value of art, the role of authenticity, and the importance of detachment in art historical knowledge. [Extracted from the article]

"The man on the Clapham omnibus" is an often cited but poorly understood name for the standard of reasonable care in tort. It originated in a 1903 decision in which this formula was used not to articulate a legal standard but to describe an average person whose views have no legal significance. This figure finds a cousin in another personification, as "the man who takes the magazines at home, and in the evening pushes the lawn-mower in his shirt sleeves." Both formulations have complex histories that help to underscore their inaptness as descriptors for the standard they are used to represent. These two examples also help to show, more generally, why a personified standard ("the reasonable person") tends to introduce problems that do not arise with a more abstract one ("reasonableness," "reasonable care"). Many critics have shown that the "reasonableness" standard is susceptible to problems of bias and framing. Personifying the standard invites the inappropriate use of individuated figures with particular features (e.g., a bus rider from a London suburb) that only worsen these problems. This article traces the history of these two standards, tries to explain how they moved from descriptive to normative use, and then turns to problems with personified standards more generally, showing how some superficially appealing reasons for using a personified standard prove to be unpersuasive. [ABSTRACT FROM AUTHOR]

Linguistic choices have different attributions beyond their literal meaning according to their contexts. This paper looks at the variations in the discourses seen in the written colonial agreements and treaties during the Malabar conquest. The study employs the archived documents of various discourses during this period as a part of power shifting from the local elites to the colonial power. It explores how power is intertwined in the linguistic choices of different communication files. The study employs a hybrid methodology of forensic linguistics and legal history. The analysis progresses in two phases: i) the linguistic attributions of power in the communications between the local elites and the colonial authorities and ii) the comparative analysis of variations in the linguistic choices by the colonial authorities correlating their varying power positions over the given period. It explores the dynamics of the linguistic choices of the local elites initially as a powerful entity in communication with the colonial authorities. The analysis shows a variation in the linguistic choices of the colonial authorities that suggests how they are used to reflect the power positions on a scale from weaker to powerful along the timeline. The paper argues that the linguistic choices of the colonial communication files aided them in projecting their power to society and assisted as one of the tools for reiterating their power position in various contexts. [ABSTRACT FROM AUTHOR]

Power is exercised through truth claims, as seen in the case of Dutch colonialism in Indonesia. Gertrudes Johan Resink, a scholar of international law, successfully exposed the history of Dutch colonialism in Indonesia and demonstrated the pre-existence of international law before European expansion by considering the role of international law in Indonesia’s history. This article examines Resink’s legacy and the potential for elaborating further on his ideas in Indonesia’s history of international law. Although this article deals with a specific context, the Indonesian experience can contribute to the history and development of international law in the region more generally. [ABSTRACT FROM AUTHOR]

Allan Hutchison's book "Hart, Fuller and Everything After: The Politics of Legal Theory" critiques the dominant project of twentieth-century Anglo-American legal philosophy, advocating for a more historically and politically contextualized approach to jurisprudential inquiry. He challenges the alleged universality of legal theorists' efforts and urges a pragmatic and critical inquiry that prioritizes practicality and responsiveness to socio-political contexts. The text also discusses the impact of H L A Hart's 1957 lecture on Anglo-American jurisprudence, the subsequent debate with Lon Fuller, and highlights Canadian scholars who have pushed jurisprudential boundaries, showcasing diverse perspectives within legal academia. [Extracted from the article]

In late August 1546, Philip Melanchthon, a key figure in the German Reformation, faced a tumultuous period marked by Martin Luther's death and the onset of the Schmalkaldic War. Despite the political crisis, Melanchthon published the Collatio actionum forensium Atticarum et Romanarum praecipuarum, a study comparing the legal actions of Athens and Rome based on the Ten Commandments. Melanchthon's work highlighted the importance of ancient pagan laws in demonstrating the natural law's influence on legal and moral principles, essential for Christian moral development. The Collatio, while not explicitly advocating for resistance, showcased Melanchthon's broader political writings during the Schmalkaldic War, emphasizing the natural law as a universal standard for civil and legal values, justifying Protestant resistance against Charles V. [Extracted from the article]

The article explores the influence of the principle "Necessitas Non Habet Legem" on Nordic medieval laws regarding theft, focusing on the Norwegian Code of the Realm from 1274. The Code distinguishes between stealing out of necessity due to hunger and unemployment and stealing despite having access to a livelihood. The article discusses how the principle of necessity was known in the medieval Nordic countries and influenced certain secular laws, particularly in Norway and Iceland. The influence of the principle varied across Nordic countries, with Norway and Iceland showing more significant adoption compared to Sweden and Denmark. The article also delves into the intellectual horizons of medieval Nordic laws, highlighting the impact of learned law, especially canon law, on legal norms in the region. [Extracted from the article]

The Algerian Constitution is a model in the history of legal systems that aims to promote public rights and freedoms. This fact shows the embodiment of constitutional justice through the foundation of the rule of law and a state of institutions that safeguards these rights and freedoms. This article deals with a critical descriptive study aimed at highlighting the effectiveness of the historical stages of the regulation of rights and freedoms in the Algerian Constitution. This study aims to highlight the effectiveness of the historical stages of the organisation of rights and freedoms in the Algerian constitution from independence until the last constitutional amendment in 2020 and show the role of the Constitutional Court in affirming the supremacy of the constitution as a fundamental guarantor for the protection and promotion of rights and freedoms, and concludes by emphasising the existence of an effective contribution in the Algerian legal history to promote the protection of public rights and freedoms. [ABSTRACT FROM AUTHOR]

François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental legal body in Western history that experienced renewed intellectual scrutiny during the sixteenth century. This paper investigates some of Hotman's early work on canon law, focusing on his legal–historical reconstruction of the early Church in De statu primitivae Ecclesiae (1553) and his contribution to a budding historical field in Catholic circles: conciliar history. Despite the general lack of interest in the history of councils on the part of some leading Protestant theologians (Luther, Calvin, Bullinger), Hotman clearly believed that the textual tradition of councils provided a prime example of sustained popish efforts to control and deform the historical narrative and the legal structure of the Church. Yet, although he seems to have worked on demonstrating just that over more than forty years, he never again voiced his views on the matter in a dedicated work. Comparing in its conclusion De statu primitivae Ecclesiae with Antitribonian, this paper suggests that, in parallel to his better known 'complex of Tribonian' (Pierre Mesnard), Hotman seems to have suffered from a 'complex of Gratian': the doctrinal unity and institutional accomplishments of the early Church, as represented by the first councils, may well have dazzled Hotman and kept him from writing some definitive work against Gratian. [ABSTRACT FROM AUTHOR]

The primary claim of this essay is that historical fluency is required for effective work in crafting legal and policy interventions as a part of public health emergency preparedness and response (PHEPR). At a broad level, public health law is explicitly recognized as a key systems-level component of PHEPR practice. 1 This essay therefore focuses on the extent to which historical fluency is necessary or at least useful to all aspects of PHEPR that draw on or deploy legal and policy mechanisms (e.g. design, planning, implementation, dissemination, monitoring and evaluation, etc.). The essay collectively refers to these legal and policy mechanisms as epidemic law and policy response (ELAPR). Part I explains the concept of historical fluency. Part II explores the foundations of public health law both as a way of highlighting key structural features of ELAPR and in supporting the claim that historical fluency is critical for ELAPR. Part III applies the previous arguments to a specific case study to highlight the promise and power of historical fluency – the outbreak of bubonic plague in San Francisco in 1900. Tracking this essay's pragmatic focus, part IV offers several recommendations for how specifically historical fluency in public health law and ethics can be operationalized in PHEPR practice and policy. Part V summarizes and concludes. [ABSTRACT FROM AUTHOR]

The editorial article addressed the problem of trust in Israel in the Arab world and the world. It reviewed the history of the humanitarian and legal alleged violations committed by Israel against the Palestinians and Arabs. These violations include committing genocide against Palestinians in Gaza since 7 October 2023, displacing people, and destroying infrastructure and homes over the heads of their inhabitants; it targets unarmed civilians, including children, women, and the elderly, as well as targeting Palestinian and Lebanese political leaders without deterrence or accountability, all of which are against international law and the agreements it signs. The article discussed the problem of the official thought and practice of the state and its parties and leaders, which makes it untrustworthy by the international and Arab community. It reviewed much evidence throughout Israel's history since its founding in 1948. It showed the problems and repercussions of Israel's methods and acts of terrorism on international security and peace, its Arab neighbors, and the Middle East region in general. The article raises a crucial question, 'How long can the world continue to trust Israel?' It has been a volatile entity in its 75-year history, and its current actions, such as the genocide and war crimes in Lebanon and Palestine, only serve to reinforce the truth of its founding ideology. This historical context is vital for understanding the state's roots and leaders' actions. The urgency of the situation demands immediate attention and action. The article poses a powerful question to the world and the Arab community: How long will Israel continue to flout international law and engage in terrorism without facing consequences? It calls for a united and collective effort to hold Israel accountable for its actions, emphasizing the power of unity in bringing about change and cautioning against establishing any form of relations with a country that resorts to plots, deception, and bombings, as seen in Lebanon recently when its interests have shifted. The article suggests actionable diplomatic, legal, and initiative steps to address the trust deficit in complying with international law and the human rights violations by Israel. The article referred to the experience of poisoning and besieging Yasser Arafat to death when there was a disagreement over some issues, despite his signing the Oslo Peace Agreement with it in 1993. [ABSTRACT FROM AUTHOR]

The legal struggle for women's right to self‐defence since the feminist mobilisation against violence in the 1970s reveals the startling history of the briefly expanded, and swiftly foreclosed, strategies for battered women's freedom in the late twentieth century. Voluminous legal scholarship focuses on the uses, promises and shortcomings of battered woman syndrome in the courts. But a historical accounting of the development and legal career of battered woman syndrome is essential to contextualising why this defence strategy took such tenacious root in the courtroom after the feminist self‐defence cases of the 1970s and what was lost in the lurch toward a psychological theory of women's protective violence. [ABSTRACT FROM AUTHOR]

Recent efforts to dismantle felon disenfranchisement regimes have the potential to substantially expand electoral eligibility among people with criminal records; however, even among those with criminal legal histories who are eligible to vote, voting rates are often extremely low. Analyzing interview, focus group, and text message conversations among a multi-state sample around the November 2022 election, we identify and describe how administrative barriers to voting—including a lack of understanding about the voting process, confusion about legal eligibility, and perceived risks of rearrest of voting while ineligible—pose an access to justice issue among system-impacted people. These barriers are amplified by government mistrust, specifically the perception that barriers are intentionally constructed to suppress voting, and they are potentially mitigated by outreach by community organizations that are viewed as credible. The findings emphasize that legislative reforms repealing disenfranchisement laws must be accompanied by on-the-ground efforts to address administrative burdens to broaden access to the franchise. [ABSTRACT FROM AUTHOR]

During the commercial revolution of the Middle Ages, the monetisation of economy gave rise to a series of cultural, legal and social challenges to the commonly accepted Aristotelian background. In this dynamic context, new forms of trade and contracts emerged, affecting not only commercial doctrines but also financial theories. In this framework, Franciscan economic speculation played a major role by analysing social realities with an entirely original pragmatism. Through his monetary reflection, Alexander Bonini not only gave a surprising explanation of the 'forms of money' but also praised the activity of the money-changers, considering their service (and related costs) fundamental to the realisation of a common benefit. His thought-provoking synthesis introduced many themes of the modern monetary doctrines. The article contains the first English translation of some crucial passages of the Bonini's treatise On Usury (De Usuris). [ABSTRACT FROM AUTHOR]

This article examines the patriarchal nature of inheritance law in late medieval and early modern England, the existence of an aristocratic offensive in the field of law against women's inheritance rights between the 14th and the 18th century, and the relation between this offensive and the rise of agrarian capitalism. It then investigates the favorable effects of this legal legacy on the accumulation and concentration of the means of agrarian, coal and industrial commodity production in the hands of a minority of male aristocrats and bourgeois who played a significant role in the making of the Industrial Revolution. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores Jacques Derrida's writings on money, language, and justice. Derrida emphasizes the interconnectedness of these concepts and cautions against isolating money as a separate subject of study. The text also discusses the relationship between money and authenticity, as well as the role of the law in guaranteeing belief in money. It raises questions about the ethical and social implications of money and the choices individuals and societies make in relation to it. Additionally, the article explores the concepts of gift, solidarity, and justice, and suggests that Derrida's work can help address the challenges of contemporary capitalism and promote a more just society. [Extracted from the article]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper contributes a legal and a South Asian perspective to the emerging scholarship on the materiality of the Qur'an, exploring and analysing the development of the laws and regulations that protect the Qur'an as a sacred object against the risk desecration, defilement as well as heretical translations and interpretations. Starting with the enactment of Indian Penal Code, 1860 in colonial India and ending with amendments to the Punjab Holy Quran (Printing and Recording) Act, 2011 in 2022, this paper identifies multiple layers of statutes and regulations that accompany the life-cycle of the Qur'an from 'cradle to grave'. In analysing the legal developments that have fused the object and the text of the Qurʾan into a legal entity that demands particular interpretations of Islam, this paper identifies an Islamic state doctrine that asks and expects the Pakistani state to protect and promote Islamic law and religion in an increasing number of contexts and occasions, the protection of the Qurʾan being only one of them. [ABSTRACT FROM AUTHOR]

The rule of law has become all things to all people, which is precisely why it has been hard to define. Rather than attempt that feat, this article traces how the rule of law has developed as a set of specific governing practices both in the history of comparative law and in recent policy debates. Whereas national legal traditions blended ideas about the constraining effects of law with normative ideas about the organization of politics, the policy conversation has tended to depoliticize law altogether. As a result, it became possible for aspirational autocrats determined to undermine normative legal constraints to game the system and use law for autocratic ends. The rule of law is now beginning a new life, however, through a movement to deparochialize law and re-embed it in transnational norms. This rule of law writ large has become a new touchstone for holding political power accountable through law. [ABSTRACT FROM AUTHOR]

This article explores Israel's war on Palestinians in Gaza and examines the historical justifications for punitive war. It discusses the use of force, starvation as a weapon, and the destruction of civilian infrastructure in Gaza. The author argues that Israel's actions violate the principle of proportionality and raises questions about genocide. The text also discusses the views of political theorist Michael Walzer and compares them to early modern thinkers who justified punitive wars. It examines the ethical justifications and language used by Israel in the conflict and questions the effectiveness of the genocide prevention framework. The article was written by Camilla Boisen, a historian of political thought, and any mistakes or inaccuracies are the author's responsibility. [Extracted from the article]

This article is a review of Rory Cox's book, "Origins of the Just War: Military Ethics and Culture in the Ancient Near East." The book explores the ethical norms and attitudes towards war in ancient martial cultures such as Egyptian, Hittite, and Israelite. The reviewer praises Cox's research for its relevance to contemporary armed conflict and just war theory, as it helps understand the influence of ancient ethical thought on modern intellectual, religious, and political life. The article also discusses the concept of "othering" in international humanitarian law and its historical roots in the laws of war, highlighting the use of degrading language to dehumanize the enemy. It explores the correlation between European identity and compliance with international law, as well as the development of international law outside of Europe. The text, "Laws of Yesterday's Wars," edited by Samuel White, provides historical perspectives on the laws of war, including Indigenous Australian laws of war, the late Middle Ages, and Roman laws of war. It aims to provide a moral argument with historical illustrations, making it a valuable resource for library patrons researching war and its legal and moral implications from diverse cultural and historical perspectives. [Extracted from the article]

Hungary has had an intense engagement with international criminal justice. During communism and democracy alike, the normative framework and language of international criminal law was used to delegitimise the political opponent. This article aims to describe the way international criminal law was repeatedly instrumentalized to not simply serve as a genuine tool for justice but also as a potent political pawn through presenting the use of international criminal law in four different time periods: (1) during the post-World War II war crimes trials at the People's Tribunals; (2) the adoption of universal jurisdiction during the communist era as a tool of Cold War status competition; (3) in the 1990s, as an instrument of transitional justice; and finally, (4) in the post-2010s, as a tool for memory politics and anti-migration propaganda. [ABSTRACT FROM AUTHOR]

The Critical Quarterly Journal for Legislation and Jurisprudence during National Socialism 1933-1944 was a journal that aimed to point out "wrong paths" and "mistakes" in theory and practice. It accompanied the development of law from 1859 to 1944 and was supported by the University of Munich. During National Socialism, there was a close connection between the journal and the university. The journal was influenced by literary politics, which determined what kind of literature was allowed. The number of legal titles decreased during this time, and journals had to either agree with National Socialism or focus on non-political topics. The J. Schweitzer Verlag, which took over the journal, had close contacts with Hitler's environment. The Critical Quarterly Journal (KritV) was a journal for legal scholars published from 1933 to 1944 in the Third Reich. The journal had various editors, including National Socialist legal scholars such as Karl Larenz and Franz Wieacker. However, there were also authors who were critical of the regime. The journal dealt with various legal topics, including legal philosophy, legal history, civil law, and criminal law. Some articles expressed racist and anti-Semitic views. The journal was read by many university professors and had a strong influence on legal science in the Third Reich. The article deals with the influence of National Socialist ideology on the journal "Critical Quarterly Journal for Legislation and Jurisprudence" (KritV). It is noted that leading representatives of criminology such as Franz Exner and Edmund Mezger were openly supportive of National Socialism and explained crime with the "degenerate" disposition of the perpetrator. The number of criminal law contributions in the journal tripled compared to the Weimar era, while contributions on constitutional and administrative law decreased. It is also pointed out that the journal reflects the influence of Nazi ideology in various areas of law but does not explicitly indicate that it originates from the time of National Socialism. [Extracted from the article]

The collapse of the City of Glasgow Bank in 1878 was one of the largest in UK history and caused massive social and economic hardship throughout Scotland. It quickly appeared that the directors of the Bank had run up numerous bad debts – investing money in speculative railway and land ventures in North America, Australia, and New Zealand – and had sought to conceal the losses in the published accounts, as well as buying shares in the bank to keep the share price artificially high. As public unrest about the consequences of the collapse grew the Scottish authorities responded swiftly, arresting the directors of the bank a mere two weeks after it closed its doors, and charging them with theft, embezzlement and fraud. Three months later, after a trial lasting twelve days, the directors and secretary were found guilty of fraud and all sentenced to short terms of imprisonment. The quick response was widely praised, and regarded as demonstrating the effectiveness of the Scottish system of public prosecution, something which was then an important factor in the establishment of the office of Director of Public Prosecutions in England in 1879. However, as I shall show in this article, concerns about the legality of the response were raised (and dismissed) at the time, and many of these questions about the way the criminal law was used have never been adequately explored. [ABSTRACT FROM AUTHOR]

On August 25, 1879, nineteen-year-old Eliza Francis Levesay, the daughter of a tenant farmer, and twenty-five-year-old William Miers, the son of a prosperous landowner and farmer, traveled from rural Decatur County, Indiana, to the county seat of Greensburg. Eliza was pregnant, and local dentist Columbus C. Burns performed an abortion on the young woman. Eliza miscarried the pregnancy in her parents' home days later, and Miers and Burns were charged by the Decatur County Court with procuring an abortion and second-degree murder. The trial garnered local, regional, and national attention. Using long-unknown court documents—including Eliza's deposition, taken by the mayor of Greensburg—author Madeleine Boesche recounts a story of premarital sex and out-of-wedlock pregnancy, community standards and secrets, social class, and the practice of abortion in the nineteenth-century rural Midwest. [ABSTRACT FROM AUTHOR]

Several cuneiform tablets from the Old Babylonian period (2004–1595 BCE) deal with blended families in Mesopotamia. This family situation resulted from various causes, such as death, divorce, or polygyny. It often created a cohabitation between step-children, leading to a significant challenge for the parents, regarding inheritance. This issue has not yet been studied from a legal perspective. This paper, based on the study of contracts, lawsuits, and letters, analyzes some of the legal solutions found by Mesopotamian parents, who anticipated situations of competition between heirs and protected their children, showing the value they attached to them. [ABSTRACT FROM AUTHOR]

This article explores the gendered regulation of courtship by providing a legal history of the engagement ring across the nineteenth and twentieth centuries. Bringing the relationship between love, law, material culture and gender into dialogue, I use actions for breach of promise of marriage to trace the life path of the ring from the private world of romance to the moral theatre of law, examining how the ring functioned as tangible proof of contract, as a constraint on women's sexuality, as a legitimation of their sexual identities, and as compensation for economic losses suffered in consequences of a broken engagement. Rather than a top-down analysis of how the state orders intimate life, this is a study of the vernacular life of law: of why people began imbuing rings with legal significance and how courts came to accept their reasoning. [ABSTRACT FROM AUTHOR]

This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco's terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem. [ABSTRACT FROM AUTHOR]