Présentation

Cet ouvrage vise à présenter et à analyser la manière dont René Chapus (1924-2017), auteur majeur du droit administratif français contemporain, appréhende cette matière. René Chapus a en effet développé la version la plus aboutie de ce que l’on a pu nommer le « modèle doctrinal ». Cette construction repose sur la combinaison de trois éléments : un objet (l’analyse est centrée sur la jurisprudence administrative) ; une méthode (le « positivisme technologique ») ; une théorie (sur les grandes questions structurantes de la discipline).

Présentation de l'éditeur

In the history of how the law has dealt with environmental issues over the last century or so, the 1920s and 30s and the key role of the League of Nations in particular remain underexplored by scholars. By delving into the League's archives, Omer Aloni uncovers the story of how the interwar world expressed similar concerns to those of our own time in relation to nature, environmental challenges and human development, and reveals a missing link in understanding the roots of our ecological crisis. Charting the environmental regime of the League, he sheds new light on its role as a centre of surprising environmental dilemmas, initiatives, and solutions. Through a number of fascinating case studies, the hidden interests, perceptions, motivations, hopes, agendas and concerns of the League are revealed for the first time. Combining legal thought, historical archival research and environmental studies, a fascinating period in legal-environmental history is brought to life.

Omer Aloni, Bar-Ilan University, Israel

Sommaire

1. Fighting pollution made by humankind: the League of Nations and the endeavors of the convention against the pollution of the sea by oil
2. The League of Nations and the whaling dilemma
3. Sanitation, spreading diseases, and the environmental concerns: the League of Nations' campaign for rural hygiene
4. Raw materials, the timber crisis, and fears of deforestation during the interwar period
5. Evaluating the environmental regime of the League of Nations: comparative discussion
6. Conclusion

Présentation de l'éditeur

This volume explores familial wealth arrangements and gendered property from the fourteenth to the nineteenth centuries in Italian, German and Austrian territories (including Florence, Trento, Tyrol, and Vienna), Nordic countries, Western Pyrenees, and England. Family property as capital in the form of houses, land, movables, financial assets, and rights were of great importance in the past. Arrangements of such property were characterised by a high degree of negotiating competence but likewise they entailed competition between the parties involved and were highly conflict prone. Fifteen contributors from Austria, Finland, France, Germany, Italy, and the UK address different marital property regimes in relation to the practices and legal regulations of inheritance patterns with consideration to inter-familial negotiation, conflict, and resolution.

Contributors are: Marie-Pierre Arrizabalaga, Laura Casella, Isabelle Chabot, Siglinde Clementi, Simona Feci, Ellinor Forster, Andrea Griesebner, Christian Hagen, Margareth Lanzinger, Janine Maegraith, Silvia Mattivi, Beatrice Moring, Craig Muldrew, Regina Schäfer, and Georg Tschannett. 

Sommaire

Chapter 1 Families and Property: Stipulating, Litigating, Mediating
Authors: Margareth Lanzinger, Janine Maegraith, Siglinde Clementi, Ellinor Forster, and Christian Hagen

Part 1 Differentiated Patterns

Chapter 2 The Exclusion of Women from Inheritance Rights: An Unresolved Issue?
Author: Simona Feci

Chapter 3 Inheritance Disputes from Ingelheim Court Records on the Threshold of the Early Modern Period (Fourteenth to Fifteenth Centuries)
Author: Regina Schäfer

Chapter 4 Landed Property, Power, and Female Old Age Security in the Nordic Countries
Author: Beatrice Moring

Chapter 5 Negotiating Inheritance in the Western Pyrenees in the Nineteenth Century – Gender Differentiated Treatment and Destinies
Author: Marie-Pierre Arrizabalaga

Part 2 Spaces of Transition

Chapter 6 After the Plague: Women, Marriage, and Property in Trento during the Second Half of the Fourteenth Century
Author: Silvia Mattivi

Chapter 7 Along Family Line and Next of Kin: Negotiating and Safeguarding Dowries and Inheritance in Late Medieval Tyrol
Author: Christian Hagen

Chapter 8 Gender Imbalance in the Use, Ownership, and Transmission of Property in Early Modern Southern Tyrolean Urban and Rural Contexts
Author: Janine Maegraith

Part 3 Social Spaces – Legal Cultures: Patricians and Nobles

Chapter 9 Family Justice and Public Justice in Dowry and Inheritance Conflicts between Florentine Families (Fourteenth to Fifteenth Centuries)
Author: Isabelle Chabot

Chapter 10 Border Patrimonies: The Transmission and Claiming of Property in Women’s Everyday Writings in Sixteenth to Eighteenth-Century Friuli
Author: Laura Casella

Chapter 11 A Dispute over Guardianship: The Trentino-Tyrolean Noble Trapp Family between 1641 and 1656
Author: Siglinde Clementi

Part 4 Urban and Rural Spaces: Ascribing and Defending Property, Bequests, and Occupation

Chapter 12 Little to Leave: Labourers’ Goods and the Probate Process in Early Modern England
Author: Craig Muldrew

Chapter 13 Property, Power, Gender: Conflicts and Agency of a “Merchantess” in the Archduchy of Austria below the Enns in the Eighteenth Century
Author: Andrea Griesebner

Chapter 14 After Divorce: Disputes about Property and the Division of Wealth in the Context of Divorce from Bed and Board (Vienna, 1783–1850)
Author: Georg Tschannett

Epilogue

Chapter 15 Wealth in Its Diverse Meanings and Contexts – Concluding Comment
Author: Margareth Lanzinger

Présentation de l'éditeur

Immigration is often seen as a danger to western liberal democracies because it threatens to undermine their fundamental values, most notably freedom and national self-determination. In this book, however, Chandran Kukathas argues that the greater threat comes not from immigration but from immigration control.

Kukathas shows that immigration control is not merely about preventing outsiders from moving across borders. It is about controlling what outsiders do once in a society: whether they work, reside, study, set up businesses, or share their lives with others. But controlling outsiders—immigrants or would-be immigrants—requires regulating, monitoring, and sanctioning insiders, those citizens and residents who might otherwise hire, trade with, house, teach, or generally associate with outsiders. The more vigorously immigration control is pursued, the more seriously freedom is diminished. The search for control threatens freedom directly and weakens the values upon which it relies, notably equality and the rule of law. Kukathas demonstrates that the imagined gains from efforts to control immigration are illusory, for they do not promote economic prosperity or social solidarity. Nor does immigration control bring self-determination, since the apparatus of control is an international institutional regime that increases the power of states and their agencies at the expense of citizens. That power includes the authority to determine who is and is not an insider: to define identity itself.

Looking at past and current practices across the world, Immigration and Freedom presents a critique of immigration control as an institutional reality, as well as an account of what freedom means—and why it matters.

Chandran Kukathas is the Lee Kong Chian Professor of Political Science and Dean of the School of Social Sciences at Singapore Management University. He is the author of Hayek and Modern Liberalism and The Liberal Archipelago. He lives in Singapore.