Jurisdictional Accumulation

Jurisdictional Accumulation
Author: Maïa Pal
Publisher: Cambridge University Press
Total Pages: 365
Release: 2020-10-22
Genre: Law
ISBN: 1108497209

Introduction -- Early modern extraterritoriality -- Historical sociology, Marxism, and law -- Social property relations -- Ambassadors -- Consuls -- Colonial practices of jurisdictional accumulation -- Analytical crossroads : dominium, consuls, and extraterritoriality.

Conscience and Casuistry in Early Modern Europe

Conscience and Casuistry in Early Modern Europe
Author: Edmund Leites
Publisher: Cambridge University Press
Total Pages: 284
Release: 2002-05-16
Genre: History
ISBN: 9780521520201

An examination of a fundamental aspect of the intellectual history of early modern Europe.

Jurisdictional Accumulation

Jurisdictional Accumulation
Author: Maïa Pal
Publisher: Cambridge University Press
Total Pages: 365
Release: 2020-10-22
Genre: Law
ISBN: 1108756093

The majority of European early modern empires – the Castilian, French, Dutch, and English/British – developed practices of jurisdictional accumulation, distinguished by the three categories of extensions, transports, and transplants of authority. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major analytical contribution to historical sociology. As an interdisciplinary exercise in conceptual innovation based on a Political Marxist framework and its concept of social property relations, the book goes beyond common binaries in both conventional and critical histories. The new concept of jurisdictional accumulation brings ambassadors, consuls, merchants, and lawyers out of the shadows of empire and onto the main stage of the construction of modern international relations and international law.

Fluid Jurisdictions

Fluid Jurisdictions
Author: Nurfadzilah Yahaya
Publisher: Cornell University Press
Total Pages: 266
Release: 2020-09-15
Genre: Political Science
ISBN: 1501750895

This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

Provincial Power and Absolute Monarchy

Provincial Power and Absolute Monarchy
Author: Julian Swann
Publisher: Cambridge University Press
Total Pages: 478
Release: 2003-08-21
Genre: History
ISBN: 1139440837

This is the first book in English to study the history of the Estates General of Burgundy during the classic period of absolute monarchy. Although not a representative institution in any modern sense, the Estates were constantly engaged in a process of bargaining with the French crown, and this book examines that relationship under the Ancien Régime. Julian Swann analyses the organization, membership and powers of the Estates and explores their administration, their struggles for power with rival institutions and their relationship with the crown and with the Burgundian people. The Estates proved remarkably resilient when confronted by the challenges posed by the Bourbon monarchy, and by the reign of Louis XVI they were seemingly more powerful than ever. However the desire to protect their privileges and to extend their authority had not been accompanied by an attempt to forge a meaningful relationship with the people they claimed to serve.

A Concise History of Italy

A Concise History of Italy
Author: Christopher Duggan
Publisher: Cambridge University Press
Total Pages: 348
Release: 1994-04-21
Genre: History
ISBN: 9780521408486

A concise history of Italy from the fall of the Roman empire in the west to the present day.

Early Modern Europe, 1450-1789

Early Modern Europe, 1450-1789
Author: Merry E. Wiesner
Publisher: Cambridge University Press
Total Pages: 522
Release: 2006-03-06
Genre: History
ISBN: 9780521005210

Accessible, engaging textbook offering an innovative account of people's lives in the early modern period.

New Constitutionalism and World Order

New Constitutionalism and World Order
Author: Stephen Gill
Publisher: Cambridge University Press
Total Pages: 387
Release: 2014
Genre: Globalization
ISBN: 1107053692

This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations

Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Legal Form

Legal Form
Author: Cosmin Cercel
Publisher: Taylor & Francis
Total Pages: 219
Release: 2024-10-11
Genre: Law
ISBN: 1040152244

A century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis’ main concept: ‘legal form’. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law’s dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted. Including the first English translation of Pashukanis’ essay, ‘Hegel, State and Law’, this collection will be of considerable interest to scholars and students of legal and political theory.