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Author : Scott Hershovitz
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.:/5 (475 download)
Download or read book Exploring Law's Empire written by Scott Hershovitz and published by . This book was released on 2008 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Scott Hershovitz
Publisher : OUP Oxford
ISBN 13 : 0191021652
Total Pages : 352 pages
Book Rating : 4.1/5 (91 download)
Download or read book Exploring Law's Empire written by Scott Hershovitz and published by OUP Oxford. This book was released on 2006-09-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Author : Ronald Dworkin
Publisher :
ISBN 13 : 9788175342569
Total Pages : 0 pages
Book Rating : 4.3/5 (425 download)
Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author : Ronald Dworkin
Publisher : Belknap Press
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.3/5 (91 download)
Download or read book Law’s Empire written by Ronald Dworkin and published by Belknap Press. This book was released on 1986-05-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues for judicial decision making to be based on interpretation rather than simply applying past legal decisions. This judicial interpretation should be based on theory insisting "fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members."--From publisher's description.
Author : Kaius Tuori
Publisher : Cambridge University Press
ISBN 13 : 1108483631
Total Pages : 331 pages
Book Rating : 4.1/5 (84 download)
Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Author : Benjamin Allen Coates
Publisher : Oxford University Press
ISBN 13 : 0190495960
Total Pages : 352 pages
Book Rating : 4.1/5 (94 download)
Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Author : Ronald Myles Dworkin
Publisher :
ISBN 13 :
Total Pages : 470 pages
Book Rating : 4.:/5 (895 download)
Download or read book Law's Empire written by Ronald Myles Dworkin and published by . This book was released on 1993 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Samy A. Ayoub
Publisher : Oxford University Press
ISBN 13 : 0190092947
Total Pages : 304 pages
Book Rating : 4.1/5 (9 download)
Download or read book Law, Empire, and the Sultan written by Samy A. Ayoub and published by Oxford University Press. This book was released on 2019-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Author : John Reynolds
Publisher : Cambridge University Press
ISBN 13 : 1107172519
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)
Download or read book Empire, Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Author : W. Wesley Pue
Publisher : UBC Press
ISBN 13 : 0774833122
Total Pages : 517 pages
Book Rating : 4.7/5 (748 download)
Download or read book Lawyers’ Empire written by W. Wesley Pue and published by UBC Press. This book was released on 2016-07-28 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.
Author : Clifford Ando
Publisher : University of Pennsylvania Press
ISBN 13 : 0812204883
Total Pages : 182 pages
Book Rating : 4.8/5 (122 download)
Download or read book Law, Language, and Empire in the Roman Tradition written by Clifford Ando and published by University of Pennsylvania Press. This book was released on 2011-09-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Author : Benedict Kingsbury
Publisher : Oxford University Press on Demand
ISBN 13 : 0199599874
Total Pages : 397 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Roman Foundations of the Law of Nations written by Benedict Kingsbury and published by Oxford University Press on Demand. This book was released on 2010-12-09 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Author : Jill Harries
Publisher : Cambridge University Press
ISBN 13 : 9780521422734
Total Pages : 250 pages
Book Rating : 4.4/5 (227 download)
Download or read book Law and Empire in Late Antiquity written by Jill Harries and published by Cambridge University Press. This book was released on 2001-10-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Author : Dr. Juan Pablo Scarfi
Publisher : Oxford University Press
ISBN 13 : 0190622369
Total Pages : 216 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Hidden History of International Law in the Americas written by Dr. Juan Pablo Scarfi and published by Oxford University Press. This book was released on 2017-03-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 208 pages
Book Rating : 4.6/5 (749 download)
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author : Ronald Dworkin
Publisher : A&C Black
ISBN 13 : 1780938330
Total Pages : 457 pages
Book Rating : 4.7/5 (89 download)
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by A&C Black. This book was released on 2013-10-21 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author : Lauren Benton
Publisher : NYU Press
ISBN 13 : 0814708188
Total Pages : 325 pages
Book Rating : 4.8/5 (147 download)
Download or read book Legal Pluralism and Empires, 1500-1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
