Revolution In Law
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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.
Author | : Nimer Sultany |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : History |
ISBN | : 0198768893 |
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author | : Kathryn Greenman |
Publisher | : Cambridge University Press |
Total Pages | : 445 |
Release | : 2021-02-18 |
Genre | : Law |
ISBN | : 110885236X |
In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.
Author | : Shannon C. Stimson |
Publisher | : Princeton University Press |
Total Pages | : 241 |
Release | : 2014-07-14 |
Genre | : Philosophy |
ISBN | : 1400861470 |
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author | : Harold J. Berman |
Publisher | : Harvard University Press |
Total Pages | : 418 |
Release | : 1985-01-01 |
Genre | : Law |
ISBN | : 0674252470 |
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Author | : Borzu Sabahi |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 702 |
Release | : 2014-10-01 |
Genre | : International law |
ISBN | : 157823347X |
As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political RiskInternational Investment Law and ArbitrationUnification of Private LawCommercial Law ReformPublic ProcurementRule of Law and Transitional JusticeInternational Business Law and Human RightsLegal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.
Author | : John Bassett Moore |
Publisher | : |
Total Pages | : 1050 |
Release | : 1906 |
Genre | : International law |
ISBN | : |
Author | : Marcela Echeverri |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2016-04-25 |
Genre | : History |
ISBN | : 1107084148 |
Marcela Echeverri draws a picture of the royalist region of Popayán (modern-day Colombia) that reveals deep chronological layers and multiple social and spatial textures. She uses royalism as a lens to rethink the temporal, spatial, and conceptual boundaries that conventionally structure historical narratives about the Age of Revolution.
Author | : Brooks Adams |
Publisher | : BoD – Books on Demand |
Total Pages | : 114 |
Release | : 2019-09-25 |
Genre | : Fiction |
ISBN | : 373406676X |
Reproduction of the original: The Theory of Social Revolution by Brooks Adams
Author | : Wendell Bird |
Publisher | : Oxford University Press |
Total Pages | : 409 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 0197509207 |
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.