The article characterizes the activities and legacy of Russian legal historians who found themselves in emigration in European academic centers in the 1920s. Among these researchers are mentioned M. ...N. Yassinsky, G. V. Demchenko, F. V. Taranovsky, A. V. Soloviev, and M. V. Shakhmatov. It is shown that prior to the revolution, these scholars taught at various universities in Russia, and in emigration they occupied chairs at higher educational institutions in Yugoslavia and Czechoslovakia. The sources of the study include published works by the scholars, memoirs of emigrants, as well as archival materials of various types from storage facilities in Russia and Slovenia, which are being introduced into scholarly circulation for the first time. The analysis of sources revealed that their establishment in emigration was associated with certain difficulties. On the other hand, the experience gained in Russian universities in studying and teaching the history of Russian and Slavic law helped them integrate into the local academic environment. Only Taranovsky and Shakhmatov to some extent adhered to their previous themes in their scholarly activities, while other scholars changed theirs. It is concluded that this was due to a lack of access to sources and the demands of the courses being taught. At the same time, it is emphasized that there was ideological-methodological unity and awareness of belonging to a particular scientific community. The conclusion is drawn that pre-revolutionary schools of legal history continued to exist in the conditions of European emigration.
Legal histories of Australia have largely overlooked the exclusion of European emigre lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the ...drawn-out legal admission bids of two Jewish emigre lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests that contemporary efforts t promoting cultural diversity in the Australian legal profession are enriched by paying attention to this long and difficult history of legal exclusions.
When Mussolini came to power, legal historians constituted, besides the specialists of Roman law, a small group of about twenty professors. Two members of this group refused to take the oath to ...Mussolini in 1931, as only sixteen academics opposed to the fascist regime. Other legal historians joined openly the fascist movement. The majority of legal historians remained partisans of a wait-and-see policy. For these reasons, it is difficult to interpret the works of these legal historians, which were published between 1922 and 1943 in collections supported by the fascist regime, but do not seem to be influenced by the fascist ideology.
Modern mobile phones bear no resemblance to rotary-dial phones of the 1960s. The volume and nature of data extracted from intercepting a 'telecommunications service' in today's online world is ...fundamentally different to 'wire-tapping' a phone conversation. Yet the statutory threshold for ASIO to intercept a telecommunications service has not changed since 1960. There is no statutory requirement to consider privacy or proportionality when issuing ASIO a warrant. The situation is similar for access to telecommunications data (metadata), once just a list of numbers dialled but now a rich source of personal information. This article argues that it is time for the law to change.
This article looks briefly at two famous judges, Lord Bowen in the 19th century and Sir Owen Dixon in the 20th century and asks what made them somewhat lugubrious about studying law? The article ...makes four suggestions for improving the mental health and well-being of the profession: these are mentoring, pro-bono work, ethical training and creative opportunities. These four pervasive 'law plus' areas of endeavour, or quatrains, which form part of the literature on legal professional wellness, could be pervasively woven into the law school curriculum. These elements could likewise unite the various stages between education, training and professional development.
This article looks briefly at two famous judges, Lord Bowen in the 19th century and Sir Owen Dixon in the 20th century and asks what made them somewhat lugubrious about studying law? The article ...makes four suggestions for improving the mental health and well-being of the profession: these are mentoring, pro-bono work, ethical training and creative opportunities. These four pervasive 'law plus' areas of endeavour, or quatrains, which form part of the literature on legal professional wellness, could be pervasively woven into the law school curriculum. These elements could likewise unite the various stages between education, training and professional development.
Historians' war on criminals Matthew Bach
Review (Institute of Public Affairs (Australia) : 1997),
05/2018, Letnik:
70, Številka:
1
Journal Article
You could be forgiven for thinking that a criminal's treatment in 19th century Britain was one of oppression by their aristocratic rulers. That is the consensus among historians. But if we observe ...this period of history objectively and in detail, the clear upshot is that the British culture of liberty and liberalism, and institutions such as the separation of powers, protected the poor and vulnerable from exploitation. This is important because today Western ideas and institutions are under great threat from the rise of identity politics. Yet this critique doesn't withstand historical evidence regarding the benefits of the key tenets of Western Civilisation.
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