Five Legal Revolutions Since The 17th Century

Author : Jean-Louis Halpérin
Publisher : Springer
Page : 206 pages
File Size : 40,9 Mb
Release : 2014-07-22
Category : Law
ISBN : 9783319058887

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Five Legal Revolutions Since the 17th Century by Jean-Louis Halpérin Pdf

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.

Author : Jean-Louis Halperin
Publisher : Unknown
Page : 212 pages
File Size : 42,8 Mb
Release : 2014-08-31
Category : Electronic
ISBN : 3319058894

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Five Legal Revolutions Since the 17th Century by Jean-Louis Halperin Pdf

Author : Endre Sashalmi
Publisher : Academic Studies PRess
Page : 474 pages
File Size : 53,5 Mb
Release : 2022-10-25
Category : Political Science
ISBN : 9781644694190

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Russian Notions of Power and State in a European Perspective, 1462-1725 by Endre Sashalmi Pdf

Winner of the 2023 Marc Raeff Book Prize; A 2023 REFORC Book Award Longlist TitleThis book highlights the main features and trends of Russian “political” thought in an era when sovereignty, state, and politics, as understood in Western Christendom, were non-existent in Russia, or were only beginning to be articulated. It concentrates on enigmatic authors and sources that shaped official perception of rulership, or marked certain changes of importance of this perception. Special emphasis is given to those written and visual sources that point towards depersonalization and secularization of rulership in Russia. A comparison with Western Christendom frames the argument throughout the book, both in terms of ideas and the practical aspects of state-building, allowing the reader to ponder Russia’s differentia specifica.

Author : Ingo Venzke,Kevin Jon Heller
Publisher : Oxford University Press
Page : 560 pages
File Size : 43,6 Mb
Release : 2021-04-22
Category : Law
ISBN : 9780192652904

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Contingency in International Law by Ingo Venzke,Kevin Jon Heller Pdf

This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 50,5 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191088377

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 51,7 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417

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Comparative Law by Mathias Siems Pdf

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Author : Anonim
Publisher : BRILL
Page : 556 pages
File Size : 55,5 Mb
Release : 2023-12-28
Category : Law
ISBN : 9789004687257

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A Companion to Western Legal Traditions by Anonim Pdf

This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.

Author : Stephen Bogle
Publisher : Oxford University Press
Page : 305 pages
File Size : 48,7 Mb
Release : 2023
Category : History
ISBN : 9780192884961

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Contract Before the Enlightenment by Stephen Bogle Pdf

This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.

Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 41,5 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781781955222

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Comparative Legal History by Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer Pdf

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Author : Anonim
Publisher : BRILL
Page : 365 pages
File Size : 44,5 Mb
Release : 2019-12-16
Category : Law
ISBN : 9789004417274

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Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) by Anonim Pdf

This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.

Author : Baudouin Dupret
Publisher : Cambridge University Press
Page : 329 pages
File Size : 48,9 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108845212

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Positive Law from the Muslim World by Baudouin Dupret Pdf

Dupret explores how the concept of positive law operated in the Muslim world.

Author : Anonim
Publisher : BRILL
Page : 275 pages
File Size : 46,9 Mb
Release : 2021-12-13
Category : Law
ISBN : 9789004498716

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State Law and Legal Positivism by Anonim Pdf

There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 41,7 Mb
Release : 2018-08-02
Category : Law
ISBN : 9780192513137

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The Oxford Handbook of Legal History by Markus D. Dubber,Christopher Tomlins Pdf

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Author : Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang
Publisher : Walter de Gruyter GmbH & Co KG
Page : 404 pages
File Size : 49,9 Mb
Release : 2023-05-22
Category : Law
ISBN : 9783110752458

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Handbook of Energy Law in the Low-Carbon Transition by Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang Pdf

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 44,5 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509931422

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Constitutional Semiotics by Martin Belov Pdf

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.