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Revolutions in International Law by Kathryn Greenman,Anne Orford,Anna Saunders,Ntina Tzouvala Pdf
The 1917 October Revolution and the revolutionary Mexican Constitution shook the foundations of international law. This collection revisits their legacies.
International Law and Revolution by Owen Taylor Pdf
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.
Sovereignty, International Law, and the French Revolution by Edward James Kolla Pdf
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
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.
Revolutions: a Very Short Introduction by Jack A. Goldstone Pdf
"In the 20th and 21st century revolutions have become more urban, often less violent, but also more frequent and more transformative of the international order. Whether it is the revolutions against Communism in Eastern Europe and the USSR; the "color revolutions" across Asia, Europe and North Africa; or the religious revolutions in Iran, Afghanistan, and Syria; today's revolutions are quite different from those of the past. Modern theories of revolution have therefore replaced the older class-based theories with more varied, dynamic, and contingent models of social and political change. This new edition updates the history of revolutions, from Classical Greece and Rome to the Revolution of Dignity in the Ukraine, with attention to the changing types and outcomes of revolutionary struggles. It also presents the latest advances in the theory of revolutions, including the issues of revolutionary waves, revolutionary leadership, international influences, and the likelihood of revolutions to come. This volume provides a brief but comprehensive introduction to the nature of revolutions and their role in global history"--
International Law in the Long Nineteenth Century (1776-1914) by Inge Van Hulle,Randall C.H. Lesaffer Pdf
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.
Politics and the Histories of International Law by Anonim Pdf
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Author : Kay, Richard S.,Colón-Ríos, Joel I. Publisher : Edward Elgar Publishing Page : 256 pages File Size : 41,6 Mb Release : 2022-06-14 Category : Law ISBN : 9781788971331
Adjudicating Revolution by Kay, Richard S.,Colón-Ríos, Joel I. Pdf
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Revolution in History by Roy Porter,Mikuláš Teich Pdf
Fifteen contributors examine the interpretative value of ideas of revolution for explaining historical development within their own speciality. They assess the existing historiography and offer their personal views.
In this important study David Armstrong examines the impact of revolutionary states on the international system. These states have always posed major problems for the achievement of world order: revolution is often accompanied by international as well as civil conflict, while revolutionary doctrines have proven to be highly disruptive of the existing structure of international politics. Dr Armstrong asks whether revolutionary states are `socialized' into adopting acceptable patterns of international behaviour or whether it is international society that is forced to change when these new states appear. He looks in detail at the French, American, and Russian revolutions and at several post-1945 revolutionary states; he also examines the relationship between revolutionary states and the principal ordering devices of international society: international law, diplomacy, and the balance of power. His book is a major contribution to international relations and an important development and application of the `international society' concept.
International Law: A Very Short Introduction by Vaughan Lowe Pdf
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
