In the later Middle Ages a broad intellectual background for concepts of law and justice existed based on a composite of the Bible and the tenets of Christianity, the corpus of Roman law and canon law, and (amongst others) the writings of Aristotle and St Thomas Aquinas. 1 The general principles of law, government and kingship were set out and elaborated by philosophers, theologians and jurists in
Anthony Musson and Edward Powell
Having examined the formal definitions and theoretical notions of law and justice it is important to survey some of the alternative and more ‘popular’ perceptions of them. 1 Just as there was no single authoritative or comprehensive text outlining concepts of law and justice prevailing in late medieval England so there cannot be said to have been a unified or authentic
Diane Kirkby and Catharine Coleborne
PART III Justice, custom and the common law Imperial hold over the workings of law in colonial dominions was sometimes challenged as the meaning of ‘justice’ was contested and refashioned. The central theme here is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power.
The case for societal constitutionalism
Edited by: Diana Göbel
This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner’s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Aspects of Gothic in Dickens‘s Fiction
In recent years Dickens‘s use of Gothic has been the focus of some diverse and absorbing critical interpretations. This paper seeks to address in more detail the ways in which Gothic features in Dickens‘s various responses to the law in his work. Scenes of madness, hauntings and murder all feature as ways of punishing transgressive individuals in the form of melodramatic substitutes to state law in OliverTwist and Barnaby Rudge, and the Gothic affects justice in later novels such as LittleDorrit.,As Bleak House illustrates, the Gothic also enhances the horror of the law. Dickens employs the genre in different ways within specific texts, such as ThePickwick Papers. How the diverse uses of Gothic pertain to the law in Dickens‘s fiction are considered in this paper.
Humanitarianism in a Post-Liberal World Order
the ICRC is really the first human rights organisation ( Hopgood, 2013 : chap. 2). We can point to different emphases – the law versus medicine, justice and accountability versus crisis and need – but common to both these strategies for normative action is a commitment to the physical and mental integrity, the existential moral dignity, of all human beings whoever they are and whatever they have done. This is distinctively modern, and liberal, and still something of a heresy in many Western societies let alone beyond. It is only if one shares this
Anthony Musson and Edward Powell
This book provides an introduction to the English legal system and its development during the period c 1215-1485. It affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages. The book considers the theoretical and ideological aspects of medieval law and justice, examining the concepts and discourses to be found in official and non-official circles. It concentrates on manifestations of crime and disorder and the royal response to this in the form of the development of judicial institutions. The book then looks at the dispensation of justice both inside and outside the courtroom. It examines in detail the machinery and functioning of criminal justice both in the royal courts and in those autonomous areas exercising delegated powers. The book also considers the use of extra-judicial methods, such as arbitration and 'self-help', to illustrate the interaction of formal and informal methods of dispute settlement. It focuses on the personnel of justice, the justices of the central courts and the local officials who carried out the day-to-day administrative tasks. The smooth and successful operation of the judicial system was challenged and sometimes hindered by the existence of corrupt practices and abuse of its procedures.
Towards a re-thinking of legal justice in transitional justice contexts
María del Rosario Acosta López
79 2 Between law and violence: towards a re-thinking of legal justice in transitional justice contexts María del Rosario Acosta López In the already extensive literature connecting philosophy and law, there is a long tradition of framing this encounter in terms of what I will provisionally call a “negative critique.” As it is clear in Walter Benjamin’s canonical essay, a philosophical critical perspective seems to be capable of bringing to light the main paradox at the core of the law, namely, that its foundation coincides with its violence. Violence exists
Contingency or transcendence formula of law?
Law and society without justice ‘Towards the middle of the sixteenth century, there lived on the banks of the Havel a horse dealer by the name of Michael Kohlhaas, the son of a schoolmaster, one of the most upright and at the same time one of the most terrible men of his day … the world … would have every reason to bless his memory, if he had not carried one virtue to excess
The reach of empire
Edited by: Diane Kirkby and Catharine Coleborne
Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.