Modernisation National Identity And Legal Instrumentalism

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Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Author :
Publisher : BRILL
ISBN 13 : 9004417354
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) by :

Download or read book Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) written by and published by BRILL. This book was released on 2019-12-16 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Author :
Publisher : BRILL
ISBN 13 : 9004417273
Total Pages : 365 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) by :

Download or read book Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) written by and published by BRILL. This book was released on 2019-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

Law, Populism, and the Political in Central and Eastern Europe

Author : Rafał Mańko
Publisher : Taylor & Francis
ISBN 13 : 1003818862
Total Pages : 276 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Law, Populism, and the Political in Central and Eastern Europe by : Rafał Mańko

Download or read book Law, Populism, and the Political in Central and Eastern Europe written by Rafał Mańko and published by Taylor & Francis. This book was released on 2023-12-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Reconsidering Europeanization

Author : Florian Greiner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110685477
Total Pages : 438 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Reconsidering Europeanization by : Florian Greiner

Download or read book Reconsidering Europeanization written by Florian Greiner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-08-01 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pertinent and highly original volume explores how ideas of Europe and processes of continental political, socio-economic, and cultural integration have been intertwined since the nineteenth century. Applying a wider definition of Europeanization in the sense of "becoming European", it will pay equal attention to counter-processes of disentanglement and disintegration that have accompanied, slowed down, or displaced such trends and developments. By focusing on the practices, agents, and experience of Europeanization, the volume strives to bring together the history of ideas and the history of human actions and conduct, two approaches that are usually treated separately in the field of European studies.

Modernisation, National Identity and Legal Instrumentalism (2 Vols)

Author :
Publisher : Brill - Nijhoff
ISBN 13 : 9789004417373
Total Pages : pages
Book Rating : 4.4/5 (173 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism (2 Vols) by :

Download or read book Modernisation, National Identity and Legal Instrumentalism (2 Vols) written by and published by Brill - Nijhoff. This book was released on 2020-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation - transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem.

Perpetration and Complicity under Nazism and Beyond

Author : Mary Fulbrook
Publisher : Bloomsbury Publishing
ISBN 13 : 1350327794
Total Pages : 305 pages
Book Rating : 4.3/5 (53 download)

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Book Synopsis Perpetration and Complicity under Nazism and Beyond by : Mary Fulbrook

Download or read book Perpetration and Complicity under Nazism and Beyond written by Mary Fulbrook and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perpetration and Complicity under Nazism and Beyond analyses perpetration and complicity under National Socialism and beyond. Contributors based in the UK, the USA, Canada, Germany, Israel and Chile reflect on self-understandings, representations and narratives of involvement in collective violence both at the time and later a topic that remains highly relevant today. Using the notion of 'compromised identities' to think about contentious questions relating to empathy and complicity, this inter-disciplinary collection addresses the complex relationships between people's behaviours and self-understandings through and beyond periods of collective violence. Contributors explore the compromises that individuals, states and societies enter into both during and after such violence. Case studies highlight patterns of complicity and involvement in perpetration, and analyse how people's stories evolve under changing circumstances and through social interaction, using varying strategies of justification, denial and rationalisation. Each chapter also considers the ways in which contemporary responses and scholarly practices may be affected by engagement with perpetrator representations.

Policy Agendas in Autocracy, and Hybrid Regimes

Author : Miklós Sebők
Publisher : Springer Nature
ISBN 13 : 3030732231
Total Pages : 313 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Policy Agendas in Autocracy, and Hybrid Regimes by : Miklós Sebők

Download or read book Policy Agendas in Autocracy, and Hybrid Regimes written by Miklós Sebők and published by Springer Nature. This book was released on 2021-06-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years the comparative study of policy agendas under the aegis of the Comparative Agendas Project (CAP) has become one of the fastest growing sub-field in policy research. Yet, similarly to policy studies in general, most of the agenda-setting literature focuses on well-established democracies. This edited volume offers a ground-breaking analysis of a hitherto less examined topic in comparative politics: the dynamics of policy agendas in Socialist autocracy and in hybrid regimes. We propose that policymaking in authoritarian and illiberal regimes is different from the practices of democracies which we analyse based on a unique historical policy agendas database built by the Hungarian CAP team at the Centre for Social Sciences in Budapest. We find that punctuated equilibrium theory offers a good description of policy dynamics regardless of policy regimes, yet punctuations are more pronounced in autocratic and illiberal settings. These regime types also share a tendency towards centralization, a less efficient use of public information and a suppression of democratic participation in the policy process. This book may be of interest to scholars and students of policy studies, agenda-setting and the politics of authoritarianism.

American Legal Education Abroad

Author : Susan Bartie
Publisher : NYU Press
ISBN 13 : 1479803588
Total Pages : 421 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis American Legal Education Abroad by : Susan Bartie

Download or read book American Legal Education Abroad written by Susan Bartie and published by NYU Press. This book was released on 2021-07-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

Reimagined Communities

Author : Ryszard Bartnik
Publisher : V&R Unipress
ISBN 13 : 3847016571
Total Pages : 219 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Reimagined Communities by : Ryszard Bartnik

Download or read book Reimagined Communities written by Ryszard Bartnik and published by V&R Unipress. This book was released on 2023-12-04 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: These contributions offer fundamental insights into how literary works address and reconceptualize issues of nationalism, groupism, belonging and denationalization in selected European contexts. Various critical perspectives are employed here to highlight modern social and political processes as registered and, to a certain extent, also fashioned by contemporary literary discourses. 'Reimagined communities' emerge from literary redescriptions of existing or imaginary sociopolitical configurations in several European states or regions. All the contributions share a heightened sensitivity to the individual as enmeshed in oppressive geopolitical circumstances. Thereby, literary expressions of how individuality is constrained by social pressures may offer inspiring blueprints for emancipation.

States of Exception

Author : Cosmin Cercel
Publisher : Routledge
ISBN 13 : 042966379X
Total Pages : 291 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis States of Exception by : Cosmin Cercel

Download or read book States of Exception written by Cosmin Cercel and published by Routledge. This book was released on 2020-07-22 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Common Law, Civil Law, and Colonial Law

Author : William Eves
Publisher : Cambridge University Press
ISBN 13 : 1108960448
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves

Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

Napoleonic Divorce Law in Poland (1808-1852)

Author : Piotr Z. Pomianowski
Publisher : BRILL
ISBN 13 : 9004507310
Total Pages : 297 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Napoleonic Divorce Law in Poland (1808-1852) by : Piotr Z. Pomianowski

Download or read book Napoleonic Divorce Law in Poland (1808-1852) written by Piotr Z. Pomianowski and published by BRILL. This book was released on 2022-01-31 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.

National Tradition or Western Pattern?

Author : Michał Gałędek
Publisher : BRILL
ISBN 13 : 9004441123
Total Pages : 348 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis National Tradition or Western Pattern? by : Michał Gałędek

Download or read book National Tradition or Western Pattern? written by Michał Gałędek and published by BRILL. This book was released on 2020-11-23 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph by Michał Gałędek presents the process of rebuilding administrative structures on the eve of establishment of the Kingdom of Poland in 1815, in connection with the plans of tsar Alexander I to grant a liberal constitutional political system to the Kingdom.

Everyday Modernity in China (Studies in Modernity and National Identity; A China Program Book)

Author : Madeleine Yue Dong
Publisher : University of Washington Press
ISBN 13 : 9780295986029
Total Pages : 356 pages
Book Rating : 4.9/5 (86 download)

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Book Synopsis Everyday Modernity in China (Studies in Modernity and National Identity; A China Program Book) by : Madeleine Yue Dong

Download or read book Everyday Modernity in China (Studies in Modernity and National Identity; A China Program Book) written by Madeleine Yue Dong and published by University of Washington Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays address expressions of modernity in relation to non-Western politics and national cultures. Topics range from the installation of gas streetlights in Shanghai to urban planning efforts aimed at improving daily routines of work and leisure.

Legal Pluralism in Muslim Contexts

Author : Norbert Oberauer
Publisher : BRILL
ISBN 13 : 9004398260
Total Pages : 268 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer

Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

Ratio and Voluntas

Author : Kaarlo Tuori
Publisher : Routledge
ISBN 13 : 1317071476
Total Pages : 366 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Ratio and Voluntas by : Kaarlo Tuori

Download or read book Ratio and Voluntas written by Kaarlo Tuori and published by Routledge. This book was released on 2016-04-08 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research (legal dogmatics), can and should contribute to the law's coherence. Part III explores the role of constitutional law in managing the tension between law's voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author's previous work, Critical Legal Positivism (Ashgate 2002).

Rethinking Iranian Nationalism and Modernity

Author : Kamran Scot Aghaie
Publisher : University of Texas Press
ISBN 13 : 0292757492
Total Pages : 374 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis Rethinking Iranian Nationalism and Modernity by : Kamran Scot Aghaie

Download or read book Rethinking Iranian Nationalism and Modernity written by Kamran Scot Aghaie and published by University of Texas Press. This book was released on 2014-07-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: While recent books have explored Arab and Turkish nationalism, the nuances of Iran have received scant book-length study—until now. Capturing the significant changes in approach that have shaped this specialization, Rethinking Iranian Nationalism and Modernity shares innovative research and charts new areas of analysis from an array of scholars in the field. Delving into a wide range of theoretical and conceptual perspectives, the essays—all previously unpublished—encompass social history, literary theory, postcolonial studies, and comparative analysis to address such topics as: Ethnicity in the Islamic Republic of Iran Political Islam and religious nationalism The evolution of U.S.-Iranian relations before and after the Cold War Comparing Islamic and secular nationalism(s) in Egypt and Iran The German counterrevolution and its influence on Iranian political alliances The effects of Israel's image as a Euro-American space Sufism Geocultural concepts in Azar's Atashkadeh Interdisciplinary in essence, the essays also draw from sociology, gender studies, and art and architecture. Posing compelling questions while challenging the conventional historiographical traditions, the authors (many of whom represent a new generation of Iranian studies scholars) give voice to a research approach that embraces the modern era's complexity while emphasizing Iranian nationalism's contested, multifaceted, and continuously transformative possibilities.