6 research outputs found
Book Reviews
To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy years jubilee of the dean of Dutch legal historians, Professor S. J. Fockema Andreae, Professor Meijers has contributed an important -chapter in this development, which loses none of its interest by the fact that it is based primarily upon the decisions of French and Flemish feudal courts during the thirteenth and fourteenth centuries
Empirical Legal Studies Before 1940: A Bibliographic Essay
The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt and bankruptcy, banking, appellate courts, legal needs, legal profession (including legal education), and judicial staffing and selection. Accompanying the essay is an extensive bibliography of research articles, books, and reports
Retaliation and Neutral Rights
The readjustment of international law to the ever-changing conditions of maritime warfare has always presented problems of extreme difficulty. Particularly is this the case, when, as in the Napoleonic wars and the recent European conflict, belligerents, falling back upon the exceptional plea of necessity, attempt to modify the rights of neutral powers to their own advantage or even to involve them in the conflict. A question of this character, namely, the extent to which a belligerent in pursuing retaliatory measures against \u27alleged violations of international law by his opponent, may thereby abridge the admitted rights of neutrals, was raised in a recent English prize case, The Leonora,\u27 and, as the issues were ably argued both for the Crown and the claimants, the judgment rendered merits critical examination. The fact that the decision is rather a diffuse historical disquisition on the rights of belligerents to restrain neutral trade than such a concise statement of principle as we are wont to associate with an English judgment, will perhaps not obscure the simple and fundamental nature of the questions at stake
Book Reviews
To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy years jubilee of the dean of Dutch legal historians, Professor S. J. Fockema Andreae, Professor Meijers has contributed an important -chapter in this development, which loses none of its interest by the fact that it is based primarily upon the decisions of French and Flemish feudal courts during the thirteenth and fourteenth centuries