Law as Reproduction and Revolution

Law as Reproduction and Revolution
Author: Yves Dezalay
Publisher: Univ of California Press
Total Pages: 250
Release: 2021-09-28
Genre: History
ISBN: 0520382714

Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.

Revolution by Judiciary

Revolution by Judiciary
Author: Jed Rubenfeld
Publisher: Harvard University Press
Total Pages: 260
Release: 2005
Genre: Law
ISBN: 9780674017153

Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.

International Law and Revolution

International Law and Revolution
Author: Owen Taylor
Publisher: Routledge
Total Pages: 314
Release: 2019-05-23
Genre: Law
ISBN: 0429664168

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.

The Glorious Revolution and the Continuity of Law

The Glorious Revolution and the Continuity of Law
Author: Richard S. Kay
Publisher: CUA Press
Total Pages: 320
Release: 2014-11-10
Genre: History
ISBN: 0813226872

The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

Legalizing the Revolution

Legalizing the Revolution
Author: Sandipto Dasgupta
Publisher: Cambridge University Press
Total Pages: 509
Release: 2024-06-30
Genre: Law
ISBN: 1009525247

Theorizes the project of instituting a postcolonial order following decolonization, though an account of the Indian constitution.

Shi'ism, Resistance, And Revolution

Shi'ism, Resistance, And Revolution
Author: Martin Kramer
Publisher: Routledge
Total Pages: 258
Release: 2019-05-28
Genre: Political Science
ISBN: 1000311430

The recent revival of interest in the Muslim world has generated numerous studies of modern Islam, most of them focusing on the Sunni majority. Shi'ism, an often stigmatized minority branch of Islam, has been discussed mainly in connection with Iran. Yet Shi'i movements have been extraordinarily effective in creating political strategies that have