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Law And Revolution Ii

Author : Harold Joseph Berman
ISBN : 0674022300
Genre : History
File Size : 54. 60 MB
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Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.

The International Economic Law Revolution And The Right To Regulate

Author : Joel P. Trachtman
ISBN : 9781905017201
Genre : Conflict of laws
File Size : 61. 90 MB
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A collection of 13 previously published articles.

Revolution And Evolution In Private Law

Author : Sarah Worthington
ISBN : 9781509913268
Genre : Law
File Size : 90. 34 MB
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The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Yale Law Journal Symposium The Meaning Of The Civil Rights Revolution Volume 123 Number 8 June 2014

Author : Yale Law Journal
ISBN : 9781610278683
Genre : Law
File Size : 20. 39 MB
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"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights by many of today's leading writers on the Constitution. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman’s We the People: The Civil Rights Revolution (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman’s book as a focal point or a foil. Those essays are collected as the June 2014 issue, the final issue of the academic year. The contents are: • We the People: Each and Every One — Randy E. Barnett • Reactionary Rhetoric and Liberal Legal Academia — Justin Driver • Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program — Sanford Levinson • The Neo-Hamiltonian Temptation — David A. Strauss • The Civil Rights Canon: Above and Below — Tomiko Brown-Nagin • Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements — Lani Guinier & Gerald Torres • Protecting Civil Rights in the Shadows — David A. Super • Universalism and Civil Rights (with Notes on Voting Rights After Shelby) — Samuel R. Bagenstos • Separate Spheres — Cary Franklin • Ackerman's Civil Rights Revolution and Modern American Racial Politics — Rogers M. Smith • Rethinking Rights After the Second Reconstruction — Richard Thompson Ford • A Revolution at War with Itself? Preserving Employment Preferences from Weber to Ricci — Sophia Z. Lee • Have We Moved Beyond the Civil Rights Revolution? — John D. Skrentny • Equal Protection in the Key of Respect — Deborah Hellman • Ackerman’s Brown — Randall L. Kennedy • The Anti-Humiliation Principle and Same-Sex Marriage — Kenji Yoshino • De-Schooling Constitutional Law — Bruce Ackerman The issue, the eighth and final one of Volume 123, also includes a cumulative Index to the entire volume's titles and authors. As with previous digital editions of Yale Law Journal available from Quid Pro Books, features include active Tables of Contents (including links in each Essay's own table), linked footnotes and URLs, and proper ebook and Bluebook formatting.

The Law Revolution

Author : Melvin M. Belli
ISBN : NWU:35556003619137
Genre : Procedure (Law)
File Size : 84. 72 MB
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Sovereignty International Law And The French Revolution

Author : Edward James Kolla
ISBN : 9781107179547
Genre : History
File Size : 48. 4 MB
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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.

The Agitation For Law Reform During The Puritan Revolution 1640 1660

Author : Stuart E. Prall
ISBN : 9789401509015
Genre : Law
File Size : 70. 30 MB
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Throughout this essay all dates are given in New Style. When pamphlets were originally dated Old Style, the new date has been substituted. In all quotations the original seventeenth-century spelling has been retained. A "sic" is placed in the quotation only where it appears to be certain that there has been a misprint in the original. I want to express my sincere gratitude to the late Professor Garrett Mattingly of Columbia University for his inspiration and guidance during the years spent under his sponsorship. It was a rare privilege to study under him. Professor Sidney Burrell of Barnard College offered many constructive suggestions and I am most appreciative of the kind interest he took in the completion of this study. I also wish to thank the editors of The American Journal of Legal History for publishing some of my material on Chancery reform in their Journal. The staff of the North Library of the British Museum was most helpful in making available the many volumes of the Thomason Collection. Thanks are also due to the staff of the Library of Union Theological Seminary who helped in the location of materials from the McAlpin Collection.

The Criminal Law Revolution 1960 1969

Author :
ISBN : UCAL:B4279818
Genre : Criminal law
File Size : 83. 14 MB
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International Law And Revolution

Author : Owen Taylor
ISBN : 0367076594
Genre : International law
File Size : 50. 42 MB
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Based on author's thesis (doctoral - School of Oriental and African Studies, University of London, 2014).

Diplomacy Diaspora

Author : Dr Lm Singhvi
ISBN : 9788184301281
Genre : Political Science
File Size : 81. 40 MB
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National Security at its simplest means the nation’s control of its borders and the preservation of its territorial integrity including its airspace and territorial waters. Above all, it means the protection of national institutions of governance and the freedom of the people without subversion, infiltration and disruption. On the other hand, there can be no real national security without international security. Diplomacy is an instrument of establishing and maintaining the equilibrium of national and international security. Both diplomacy and national security have their roots in the conceptual scheme and operational aspects of sovereignty, which is the hallmark of States. National security and diplomacy are inextricably interwoven. Indeed defence and diplomacy, the diplomat and the soldier have much in common except that their battle-lines and locations, their target areas, their weapons and equipment and their strategies and tactics are distinct and are tackled differently. Diplomacy is the defence of one’s country and its interests beyond its frontiers, but in a sense, diplomacy only an extension of national security. The intelligence network of the country both within the country and overseas plays a vital role in both in diplomacy and for national security.

The Theory And Practice Of International Criminal Law

Author : Michael Scharf
ISBN : 9789047431701
Genre : Law
File Size : 61. 50 MB
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Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.

Sexology As The Philosophy Of Life

Author : Elizabeth Osgood Goodrich Willard
Genre : Electronic books
File Size : 39. 89 MB
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Bulletin University Number

Author : Syracuse University
ISBN : UOM:39015076443756
Genre : Universities and colleges
File Size : 89. 88 MB
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Christian Ethics Special Part Pt 1 Individual Ethics Tr From The Author S German Ed By William Affleck; Pt 2 Social Ethics Tr From The Author S German Ed By Sophia Taylor

Author : Hans Martensen
ISBN : UOM:39015070190320
Genre : Christian ethics
File Size : 56. 67 MB
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Law Love And Freedom

Author : Joshua Neoh
ISBN : 9781108427654
Genre : Law
File Size : 88. 30 MB
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Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.

The Great Demarcation

Author : Rafe Blaufarb
ISBN : 9780199778898
Genre : History
File Size : 48. 96 MB
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What does it mean to own something? What sorts of things can be owned, and what cannot? How does one relinquish ownership? What are the boundaries between private and public property? Over the course of a decade, the French Revolution grappled with these questions. Punctuated by false starts, contingencies, and unexpected results, this process laid the foundations of the Napoleonic Code and modern notions of property. As Rafe Blaufarb demonstrates in this ambitious work, the French Revolution remade the system of property-holding that had existed in France before 1789. The revolutionary changes aimed at two fundamental goals: the removal of formal public power from the sphere of property and the excision of property from the realm of sovereignty. The revolutionaries accomplished these two aims by abolishing privately-owned forms of power, such as jurisdictional lordship and venal public office, and by dismantling the Crown domain, thus making the state purely sovereign. This brought about a Great Demarcation: a radical distinction between property and power from which flowed the critical distinctions between the political and the social, state and society, sovereignty and ownership, the public and private. It destroyed the conceptual basis of the Old Regime, laid the foundation of France's new constitutional order, and crystallized modern ways of thinking about polities and societies. By tracing how the French Revolution created a new legal and institutional reality, The Great Demarcation shows how the revolutionary transformation of Old Regime property helped inaugurate political modernity

Between The Rule Of Law And States Of Emergency

Author : Yoav Mehozay
ISBN : 9781438463391
Genre : Law
File Size : 54. 21 MB
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Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other’s shortcomings. Through a careful dissection of Israel’s emergency apparatus, Mehozay illustrates that the reach of Israel’s emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel’s governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the “war on terror” and consider the role of emergency with regard to realms such as political economy.

Memphis State University Law Review

Author :
ISBN : UCAL:B5088641
Genre :
File Size : 82. 57 MB
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World Criminal Justice Systems

Author : Richard J. Terrill
ISBN : 9781317228813
Genre : Social Science
File Size : 82. 15 MB
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World Criminal Justice Systems, Ninth Edition, provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the world’s countries -- each representative of a different type of legal system. An additional chapter on Islamic law uses three examples to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues. The ninth edition features an introduction directing students to the resources they need to understand comparative criminal justice theory and methodology. The chapter on Russia includes consideration of the turmoil in post-Soviet successor states, and the final chapter on Islamic law examines the current status of criminal justice systems in the Middle East.

Revolution In Law

Author : Professor of Sociology and Legal Studies in the Department of Criminology Piers Beirne
ISBN : 0873325605
Genre : Law
File Size : 38. 20 MB
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The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.

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