Literature And The Law Of Nations 1580 1680

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Literature and the Law of Nations, 1580-1680

Author : Christopher N. Warren
Publisher : OUP Oxford
Page : 304 pages
File Size : 41,8 Mb
Release : 2015-05-28
Category : Literary Criticism
ISBN : 9780191030055

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Literature and the Law of Nations, 1580-1680 by Christopher N. Warren Pdf

Literature and the Law of Nations, 1580-1680 is a literary history of international law in the age of Shakespeare, Milton, Grotius, and Hobbes. Seeking to revise the ways scholars understand early modern English literature in relation to the history of international law, it argues that scholars of law and literature have tacitly accepted specious but politically consequential assumptions about whether international law is "real" law. Literature and the Law of Nations shows how major writers of the English Renaissance deployed genres like epic, tragedy, comedy, tragicomedy, and history to solidify the canonical subjects and objects of modern international law. By demonstrating how Renaissance literary genres informed modern categories like public international law, private international law, international legal personality, and human rights, the book over its seven chapters and conclusion helps early modern literary scholars think anew about the legal entailments of genre and scholars in law and literature long accustomed to treating all law with a single broad brush better confront the distinct complexities, fault lines, and variegated histories at the heart of international law.

Literature and the Law of Nations, 1580-1680

Author : Christopher Norton Warren
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2015
Category : European literature
ISBN : 0191788554

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Literature and the Law of Nations, 1580-1680 by Christopher Norton Warren Pdf

This is a literary history of international law in the age of Shakespeare, Milton, Grotius, and Hobbes. It tells the previously untold story of major English Renaissance writers who used literary genres like epic, tragedy, comedy, tragicomedy, and history to help create modern international law. Whereas international law's standard histories regularly omit literary figures and debates, Warren instead delights in the early modern contests over literary form that animated a range of major seventeenth century texts.

The Sentimental Life of International Law

Author : Gerry Simpson
Publisher : Oxford University Press
Page : 241 pages
File Size : 50,7 Mb
Release : 2021
Category : International law
ISBN : 9780192849793

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The Sentimental Life of International Law by Gerry Simpson Pdf

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.

The Oxford Handbook of English Law and Literature, 1500-1700

Author : Lorna Hutson
Publisher : Oxford University Press
Page : 833 pages
File Size : 46,9 Mb
Release : 2017
Category : History
ISBN : 9780199660889

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The Oxford Handbook of English Law and Literature, 1500-1700 by Lorna Hutson Pdf

"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive.They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire"--Book jacket.

History, Politics, Law

Author : Annabel Brett
Publisher : Cambridge University Press
Page : 423 pages
File Size : 53,9 Mb
Release : 2021-10-07
Category : History
ISBN : 9781108842464

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History, Politics, Law by Annabel Brett Pdf

Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.

International Law Theories

Author : Andrea Bianchi
Publisher : Oxford University Press
Page : 250 pages
File Size : 48,6 Mb
Release : 2016-11-10
Category : Law
ISBN : 9780191038228

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International Law Theories by Andrea Bianchi Pdf

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

The Oxford Handbook of Law and Humanities

Author : Simon Stern
Publisher : Oxford University Press, USA
Page : 921 pages
File Size : 44,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9780190695620

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The Oxford Handbook of Law and Humanities by Simon Stern Pdf

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Custom, Common Law, and the Constitution of English Renaissance Literature

Author : Stephanie Elsky
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 55,7 Mb
Release : 2020-07-09
Category : Law
ISBN : 9780198861430

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Custom, Common Law, and the Constitution of English Renaissance Literature by Stephanie Elsky Pdf

A study of the concept of custom, the basis of England's common law, in literary experiments of sixteenth-century England and Ireland.

Legal Reform in English Renaissance Literature

Author : Virginia Lee Strain
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 48,6 Mb
Release : 2017-12-04
Category : Law
ISBN : 9781474416313

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Legal Reform in English Renaissance Literature by Virginia Lee Strain Pdf

Recounts the radical readings of Mallarme's seminal poems by some of France's most important 20th century thinkers

Imagining World Order

Author : Chenxi Tang
Publisher : Cornell University Press
Page : 356 pages
File Size : 44,9 Mb
Release : 2018-12-15
Category : History
ISBN : 9781501716935

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Imagining World Order by Chenxi Tang Pdf

In early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts—some highly canonical (Camões, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering—engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period—its so-called classical age—in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.

Cultures of Diplomacy and Literary Writing in the Early Modern World

Author : Tracey A. Sowerby,Joanna Craigwood
Publisher : Oxford University Press, USA
Page : 300 pages
File Size : 55,7 Mb
Release : 2019-06-20
Category : History
ISBN : 9780198835691

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Cultures of Diplomacy and Literary Writing in the Early Modern World by Tracey A. Sowerby,Joanna Craigwood Pdf

This interdisciplinary volume explores core emerging themes in the study of early modern literary-diplomatic relations, developing essential methods of analysis and theoretical approaches that will shape future research in the field. Contributions focus on three intimately related areas: the impact of diplomatic protocol on literary production; the role of texts in diplomatic practice, particularly those that operated as 'textual ambassadors'; and the impact of changes in the literary sphere on diplomatic culture. The literary sphere held such a central place because it gave diplomats the tools to negotiate the pervasive ambiguities of diplomacy; simultaneously literary depictions of diplomacy and international law provided genre-shaped places for cultural reflection on the rapidly changing and expanding diplomatic sphere. Translations exemplify the potential of literary texts both to provoke competition and to promote cultural convergence between political communities, revealing the existence of diplomatic third spaces in which ritual, symbolic, or written conventions and semantics converged despite particular oppositions and differences. The increasing public consumption of diplomatic material in Europe illuminates diplomatic and literary communities, and exposes the translocal, as well as the transnational, geographies of literary-diplomatic exchanges. Diplomatic texts possessed symbolic capital. They were produced, archived, and even redeployed in creative tension with the social and ceremonial worlds that produced them. Appreciating the generic conventions of specific types of diplomatic texts can radically reshape our interpretation of diplomatic encounters, just as exploring the afterlives of diplomatic records can transform our appreciation of the histories and literatures they inspired.

System, Order, and International Law

Author : Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit
Publisher : Oxford University Press
Page : 544 pages
File Size : 40,8 Mb
Release : 2017-04-28
Category : Law
ISBN : 9780191081064

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System, Order, and International Law by Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit Pdf

Since the formation of nation-states lawyers, philosophers, and theologians have sought to envisage the ideal political order. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume maps models of early international legal thought from Machiavelli to Hegel before international law became an academic discipline. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas that have remained at the forefront of debate, such as the relationship between law and theology, the role of the individual versus that of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it is common to state that the importance of the nation-state is vanishing, the problems at issue in the classic theories do not seem so remote: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show how uncovering the history of international law can offer ways in which to envisage its future.

Milton, Marvell, and the Dutch Republic

Author : Esther van Raamsdonk
Publisher : Routledge
Page : 253 pages
File Size : 49,9 Mb
Release : 2020-09-13
Category : History
ISBN : 9781000171860

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Milton, Marvell, and the Dutch Republic by Esther van Raamsdonk Pdf

The tumultuous relations between Britain and the United Provinces in the seventeenth century provide the backdrop to this book, striking new ground as its transnational framework permits an overview of their intertwined culture, politics, trade, intellectual exchange, and religious debate. How the English and Dutch understood each other is coloured by these factors, and revealed through an imagological method, charting the myriad uses of stereotypes in different genres and contexts. The discussion is anchored in a specific context through the lives and works of John Milton and Andrew Marvell, whose complex connections with Dutch people and society are investigated. As well as turning overdue attention to neglected Dutch writers of the period, the book creates new possibilities for reading Milton and Marvell as not merely English, but European poets.

Before Borders

Author : Stephanie DeGooyer
Publisher : JHU Press
Page : 217 pages
File Size : 42,8 Mb
Release : 2022-11-08
Category : Literary Criticism
ISBN : 9781421443935

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Before Borders by Stephanie DeGooyer Pdf

An ambitious revisionist history of naturalization as a creative mechanism for national expansion. Before borders determined who belonged in a country and who did not, lawyers and judges devised a legal fiction called naturalization to bypass the idea of feudal allegiance and integrate new subjects into their nations. At the same time, writers of prose fiction were attempting to undo centuries of rules about who could—and who could not—be a subject of literature. In Before Borders, Stephanie DeGooyer reconstructs how prose and legal fictions came together in the eighteenth century to dramatically reimagine national belonging through naturalization. The bureaucratic procedure of naturalization today was once a radically fictional way to create new citizens and literary subjects. Through early modern court proceedings, the philosophy of John Locke, and the novels of Daniel Defoe, Laurence Sterne, Maria Edgeworth, and Mary Shelley, DeGooyer follows how naturalization evolved in England against the backdrop of imperial expansion. Political and philosophical proponents of naturalization argued that granting foreigners full political and civil rights would not only attract newcomers but also better attach them to English soil. However, it would take a new literary form—the novel—to fully realize this liberal vision of immigration. Together, these experiments in law and literature laid the groundwork for an alternative vision of subjecthood in England and its territories. Reading eighteenth-century legal and prose fiction, DeGooyer draws attention to an overlooked period of immigration history and compels readers to reconsider the creative potential of naturalization.

The Oxford Handbook of Legal History

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 45,5 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192513144

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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.