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Author : Kaius Tuori
Publisher : Cambridge University Press
Page : 331 pages
File Size : 54,5 Mb
Release : 2020-04-02
Category : History
ISBN : 9781108483636
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Author : Ronald Dworkin
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2011-11
Category : Law
ISBN : 8175342560
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author : John Reynolds
Publisher : Cambridge University Press
Page : 343 pages
File Size : 45,8 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781107172517
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Author : Brian Philip Owensby
Publisher : Stanford University Press
Page : 393 pages
File Size : 41,8 Mb
Release : 2008
Category : History
ISBN : 9780804758635
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
Author : Clifford Ando
Publisher : University of Pennsylvania Press
Page : 182 pages
File Size : 55,7 Mb
Release : 2011-09-14
Category : History
ISBN : 9780812204889
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Author : Shaunnagh Dorsett,John McLaren
Publisher : Routledge
Page : 270 pages
File Size : 41,5 Mb
Release : 2014-04-24
Category : History
ISBN : 9781317915744
This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.
Author : Jill Harries
Publisher : Cambridge University Press
Page : 250 pages
File Size : 51,7 Mb
Release : 2001-10-11
Category : History
ISBN : 0521422736
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Author : Lauren Benton,Lisa Ford
Publisher : Harvard University Press
Page : 264 pages
File Size : 40,5 Mb
Release : 2016-10-03
Category : Law
ISBN : 9780674972803
Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
Author : Samy A. Ayoub
Publisher : Oxford University Press
Page : 304 pages
File Size : 44,7 Mb
Release : 2019-11-15
Category : Law
ISBN : 9780190092948
This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Author : Anonim
Publisher : BRILL
Page : 366 pages
File Size : 41,6 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004472839
Norms beyond Empire seeks to rethink the relationship between law and empire by emphasizing the role of local normative production. While European imperialism is often viewed as being able to shape colonial law and government to its image, this volume argues that early modern empires could never monolithically control how these processes unfolded. Examining the Iberian empires in Asia, it seeks to look at norms as a means of escaping the often too narrow concept of law and look beyond empire to highlight the ways in which law-making and local normativities frequently acted beyond colonial rule. The ten chapters explore normative production from this perspective by focusing on case studies from China, India, Japan, and the Philippines. Contributors are: Manuel Bastias Saavedra, Marya Svetlana T. Camacho, Luisa Stella de Oliveira Coutinho Silva, Rômulo da Silva Ehalt, Patricia Souza de Faria, Fupeng Li, Miguel Rodrigues Lourenço, Abisai Perez Zamarripa, Marina Torres Trimállez, and Ângela Barreto Xavier.
Author : Catherine L. Evans
Publisher : Yale University Press
Page : 299 pages
File Size : 48,8 Mb
Release : 2021
Category : Criminal liability
ISBN : 9780300242744
A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth‑century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self‑control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?
Author : Amy Bartholomew
Publisher : Pluto Press
Page : 0 pages
File Size : 53,7 Mb
Release : 2006-02-01
Category : Political Science
ISBN : 0745323693
What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.
Author : Anonim
Publisher : BRILL
Page : 360 pages
File Size : 44,5 Mb
Release : 2013-08-15
Category : Political Science
ISBN : 9789004249516
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
Author : Ronald Dworkin
Publisher : Belknap Press
Page : 496 pages
File Size : 41,7 Mb
Release : 1986-05-08
Category : History
ISBN : UOM:39015058018147
The author argues for judicial decision making to be based on interpretation rather than simply applying past legal decisions. This judicial interpretation should be based on theory insisting "fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members."--From publisher's description.
Author : Cait Storr
Publisher : Cambridge University Press
Page : 321 pages
File Size : 44,6 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108498500
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.