49 research outputs found

    Justice in a new world: negotiating legal intelligibility in British, Iberian, and Indigenous America. Edited by Brian P. Owensby and Richard J. Ross, New York, New York University Press, 2018. [Book review]

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    Book review. Reviewed work: Justice in a new world: negotiating legal intelligibility in British, Iberian, and Indigenous America / edited by Brian P. Owensby and Richard J. Ross. - New York : New York University Press, 2018, 330 pp., $89 (hbk), ISBN 9781479850129.Non peer reviewe

    Revenge, Violence and the Civilizing Narrative

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    The silenced majority : Academic refugees and the vicissitudes of readaptation

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    Publisher Copyright: © 2022 selection and editorial matter, Magdalena Kmak and Heta Björklund; individual chapters, the contributors.The existing scholarship on refugee scholars has a strong bias towards a certain small portion of exiles: an elite group of researchers from the best German universities who went on to have enormously successful careers in the leading American research universities. However, beyond this numerically quite small but well-known group, among European academics the vast majority never achieved such success. For many, exile was a process of marginalization and silencing. For a range of reasons, the doors of academia in exile was never opened to them and scientific careers were either put on hold or abandoned completely. The purpose of this chapter is to explore this process of marginalization through case studies that illustrate factors that determined how and why refugee scholars were omitted and excluded. These factors ranged from external factors (such as differences in scientific cultures and the needs of universities, racism, cultural, political and ideological exclusion) to individual factors (such as lack of friends, colleagues and other helpers, lack of linguistic skills as well as psychological and health reasons such as will power). The innumerable and heterogenous obstacles laid the framework where individuals made their way through a maze where Catch-22 situations and coincidences could determine their fate are very difficult to assess on a general level. Beginning from a few historical case studies from the scientific emigration in the 1930s, the chapter seeks to outline some of the major dangers and negative factors facing refugee scholars.Peer reviewe

    Tiziana Carboni: La parola scritta al servizio dell’imperatore e dell’impero: l’ab epistulis e l’a libellis nel II secolo d.c. Antiquitas I 70. Dr. Rudolf Habelt, Bonn 2017.

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    The Transformation of Roman law in America during the 1930s

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    American Legal Realism and Anthropology

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    The purpose of this article is to analyze the interdisciplinary cooperation and interaction between American legal realists and anthropologists during the interwar period. Using scholarly publications and manuscripts as its sources, it argues that despite the lack of recognition in earlier studies, there were transfers of important methodological and substantive influences that were crucial to the creation of legal anthropology as it is known today, as well as the whole field of law and society studies. Writers of the era like Karl N. Llewellyn, E. Adamson Hoebel, Felix S. Cohen, Franz Boas, and Bronislaw Malinowski utilized interdisciplinary influences to criticize scholarly formalism as well as social and political conservatism, seeking to replace conceptual structures with scientific facts gained from studies.Peer reviewe

    Hadrian’s cosmopolitanism and Nazi legal policy

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    The idealization of Hadrianic Rome has a long heritage from the writings of contemporaries like Aelius Aristides to the works of Gibbon and the nineteenth-century enthusiasm for imperial sovereignty. Hadrian's enlightened rule where peace and prosperity reigned coincided with the enlightened tradition of law, where principles like the protection of the weaker parties or equality before the law became prominent. After the Nazis took power in Germany, legal scholars of Jewish heritage faced ever-increasing repression, leading many to seek their fortunes abroad in exile. For most, this transfer was simply a change of venues, while for others the repression and prospect of exile meant a change in the understanding of the scholarly tradition that was processed in their works. The purpose of this article is to examine one example of such a change, namely by the German historian of ancient Roman and Greek legal history Fritz Pringsheim. Before taking refuge in Britain, Pringsheim sought to reinterpret the history of Roman law and to seek a starting point for the cosmopolitan idea of legal equality in the Roman Empire. For this, he used the existing tradition of glorifying Hadrian's Rome to present an alternative to Nazi racist authoritarianism.Peer reviewe
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