The latest volume in Oxford's new edition of Selected Writings of James Fitzjames Stephen, this volume brings together thirty-five essays expressing Stephen's views on the questions of his day, which have not lost their interest in ours.
Probably the Best Modern History of a Particular Branch of English Law" "When it appeared in 1883 it was probably the best modern history of a particular branch of English law that had yet appeared in England. It won high praise from Pollock and Maitland. English criminal law, they said, will be fortunate in its historians, 'for it will fall into the hands of Matthew Hale and Fitzjames Stephen.' Though the more intensive study of the earlier history of our law has rendered some parts of it obsolete, it is still the best history of the later stages of the law. And it has another merit which it can never lose. The fact that its author was a practising lawyer and a judge, gives to his account of many parts of the law, and especially to his analysis of famous trials, the reality and vividness which comes of practical experience." -William S. Holdsworth, The Historians of Anglo-American Law 78. Sir James Fitzjames Stephen [1829-1894] was a distinguished and influential lawyer, judge, writer and law reformer. When he was the legal member of the Imperial Legislative Council in India, he drafted twelve acts and eight other enactments. Most of these, such as the Indian Evidence Act, are in force today. His 1878 Digest of Criminal Law, a codification, though never adopted in Great Britain, was the basis of the criminal codes of Canada, New Zealand and several colonies of Australia. Also a philosopher, he was a leading critic of John Stuart Mill. xii, 499 pp.
Probably the Best Modern History of a Particular Branch of English Law" "When it appeared in 1883 it was probably the best modern history of a particular branch of English law that had yet appeared in England. It won high praise from Pollock and Maitland. English criminal law, they said, will be fortunate in its historians, 'for it will fall into the hands of Matthew Hale and Fitzjames Stephen.' Though the more intensive study of the earlier history of our law has rendered some parts of it obsolete, it is still the best history of the later stages of the law. And it has another merit which it can never lose. The fact that its author was a practising lawyer and a judge, gives to his account of many parts of the law, and especially to his analysis of famous trials, the reality and vividness which comes of practical experience." -William S. Holdsworth, The Historians of Anglo-American Law 78. Sir James Fitzjames Stephen [1829-1894] was a distinguished and influential lawyer, judge, writer and law reformer. When he was the legal member of the Imperial Legislative Council in India, he drafted twelve acts and eight other enactments. Most of these, such as the Indian Evidence Act, are in force today. His 1878 Digest of Criminal Law, a codification, though never adopted in Great Britain, was the basis of the criminal codes of Canada, New Zealand and several colonies of Australia. Also a philosopher, he was a leading critic of John Stuart Mill. xii, 499 pp.
This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.
What need is there for kinship? What good is it anyway? The questions are as old as anthropology itself, but few answers have been enduringly persuasive. Kinship systems can contribute to our enslavement, but more often they permit, channel, and facilitate our relations with others and our further fashioning of ourselves—as kin but also as subjects of other kinds. When they do, they are among the matrices of our lives as ethical beings. Each contributor to this innovative book treats his or her own alterity as the touchstone of the exploration of an ethnographically and historically specific ethics of kinship. Together, the chapters reveal the irreducible complexity of the entanglement of the subject of kinship with the subject of nation, class, ethnicity, gender, desire. The chapters speak eloquently to the sometimes liberating stories that we cannot help but keep telling about our kin and ourselves.
Liberty, equality, fraternity (1874). The doctrine of liberty in general -- The liberty of thought and discussion -- The distinction between the temporal and spiritual power -- The doctrine of liberty in its application to morals -- Equality -- fraternity -- Conclusion -- From Essays by a barrister (1862). Conventional morality -- Philanthropy -- Doing good.
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
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