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The Integrative Jurisprudence Of Harold J Berman
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Book Synopsis The Integrative Jurisprudence Of Harold J. Berman by : Howard O Hunter
Download or read book The Integrative Jurisprudence Of Harold J. Berman written by Howard O Hunter and published by Routledge. This book was released on 2019-07-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume appeared in slightly different versions in the Emory Law Journal, volume 42, number 2, pages 433-560. The edited and revised versions of those essays are published with the consent of the editors of the Emory Law Journal to whom grateful acknowledgment is given.
Book Synopsis Law and Revolution by : Harold J. Berman
Download or read book Law and Revolution written by Harold J. Berman and published by Belknap Press. This book was released on 1983-09-30 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Language by : Harold J. Berman
Download or read book Law and Language written by Harold J. Berman and published by Cambridge University Press. This book was released on 2013-08-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and common understanding.
Book Synopsis Law and Revolution, the Formation of the Western Legal Tradition by : Harold J. Berman
Download or read book Law and Revolution, the Formation of the Western Legal Tradition written by Harold J. Berman and published by Harvard University Press. This book was released on 2009-07-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 wideranging 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 modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Book Synopsis The Weightier Matters of the Law by : John Witte
Download or read book The Weightier Matters of the Law written by John Witte and published by . This book was released on 1988 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Great Christian Jurists in American History by : Daniel L. Dreisbach
Download or read book Great Christian Jurists in American History written by Daniel L. Dreisbach and published by Cambridge University Press. This book was released on 2019-07-31 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the early days of European settlement in North America, Christianity has had a profound impact on American law and culture. This volume profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. Anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation's history, and the relationship between faith and law will enjoy this worthy and unique study. The jurists covered in this collection were pious men and women, but that does not mean they agreed on how faith should inform law. From Roger Williams and John Cotton to Antonin Scalia and Mary Ann Glendon, America's great Christian jurists have brought their faith to bear on the practice of law in different ways and to different effects.
Book Synopsis Great Christian Jurists in English History by : Mark Hill
Download or read book Great Christian Jurists in English History written by Mark Hill and published by Cambridge University Press. This book was released on 2017-06-09 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.
Book Synopsis The Interaction of Law and Religion by : Harold Joseph Berman
Download or read book The Interaction of Law and Religion written by Harold Joseph Berman and published by . This book was released on 1974 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Faith and Order by : Harold J. Berman
Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Book Synopsis Law and Revolution, II by : Harold Joseph Berman
Download or read book Law and Revolution, II written by Harold Joseph Berman and published by Harvard University Press. This book was released on 2009-07 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Book Synopsis Law and Language by : Harold J. Berman
Download or read book Law and Language written by Harold J. Berman and published by Cambridge University Press. This book was released on 2013-08-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Várady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
Book Synopsis Religious Liberty in Western and Islamic Law by : Kristine Kalanges
Download or read book Religious Liberty in Western and Islamic Law written by Kristine Kalanges and published by Oxford University Press. This book was released on 2012-04-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
Book Synopsis The Rights of Strangers by : Georg Cavallar
Download or read book The Rights of Strangers written by Georg Cavallar and published by Routledge. This book was released on 2017-07-05 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates the thinking of European authors from Vitoria to Kant about political justice, the global community, and the rights of strangers as one special form of interaction among individuals of divergent societies, political communities, and cultures. Taking an interdisciplinary approach, it covers historical material from a predominantly philosophical perspective, interpreting authors who have tackled problems related to the rights of strangers under the heading of international hospitality. Their analyses of the civitas maxima or the societas humani generis covered the nature of the global commonwealth. Their doctrines of natural law (ius naturae) were supposed to provide what we nowadays call theories of political justice. The focus of the work is on international hospitality as part of the law of nations, on its scope and justification. It follows the political ideas of Francisco de Vitoria and the Second Scholastic in the 16th century, of Alberico Gentili, Hugo Grotius, Samuel Pufendorf, Christian Wolff, Emer de Vattel, Johann Jacob Moser, and Immanuel Kant. It draws attention to the international dimension of political thought in Thomas Hobbes, John Locke, Jean-Jacques Rousseau, David Hume, Adam Smith, and others. This is predominantly a study in intellectual history which contextualizes ideas, but also emphasizes their systematic relevance.
Book Synopsis Law and Counterrevolution by : Pavlov, Serhii S.
Download or read book Law and Counterrevolution written by Pavlov, Serhii S. and published by Serhii Pavlov, Yurincom Inter. This book was released on 2023-08-28 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents the author’s understanding of the concept of legal tradition. In modern academic law there is no clear definition of the concept of legal tradition, but at the same time there are many works that consider and use this phenomenon. Based on the research by Harold Berman – “Law and Revolution. The Formation of the Western Legal Tradition”, this book is the attempt to theoretically formulate the concept of legal tradition. The central theme of the work is one of the supreme values of law – the human right to life. The Right to human life had a different value in law in each historical era. This regularity in different historical types of legal order is explained as a consequence of different points of equilibrium of positive law in the Western legal tradition. In this regard, on the one hand, the Harold Berman’s study is an empirical key for revealing the theoretical construction of the phenomenon of the Western legal tradition. On the other hand, the empirical verification of this concept is taking place in the case law of the European Court of Human Rights. In the context of this dual empiricism, the work shows that the axiology of right to human life has always been the subject of the equilibrium of positive law. The book examines the hypothesis that the Western legal tradition has entered a new era of its genesis – the Age of Confrontation. The hallmark of the new era is the confrontation between the doctrinal, normative, and reflective autonomy of law, which have a destructive effect on legal values and values of law. In contrast to Harold Berman’s six revolutions of law, the phenomenon of counterrevolution of law is considered by the researcher as a form of dissipative dynamics of positive Law. Attention is drawn to the fact that, unlike the Age of Formation, renewal and total transformation of positive law are possible in a no-revolutionary way. The proposed hypothesis that the Age of Confrontation of the Western legal tradition come to end in a result of the harmonization of the normative, reflective, and doctrinal autonomy of law. This monograph may be of interest to specialists in the field of philosophy, sociology, legal theory, and case law of the European Court of Human Rights. Also, the book may be of interest to anyone who has studied the Western legal tradition.
Book Synopsis The Interpretation of International Investment Law by : Todd Weiler
Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Book Synopsis When Law and Religion Meet by : April L. Bogle
Download or read book When Law and Religion Meet written by April L. Bogle and published by Wm. B. Eerdmans Publishing. This book was released on 2007-10-25 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law. Religion. Do they have anything to say to each other? If so, what, and toward what end? And is the notion of productive dialogue between these two fields not surprising but essential? Long considered unlikely bedfellows at best and, at worst, outright opponents, law and religion have been meeting in significant ways, thanks to the seminal and ongoing work of Emory University??'s Center for the Study of Law and Religion (CSLR), where scholars worldwide come together for this express purpose. Neither belligerently butting heads nor cozying up for a t?te-?-t?te, representatives of these two disciplines are daring to look at the big questions that bridge their domains ? and are daring to propose ways of working together. These encounters go way beyond verbal sparring and schmoozing. Joining the ranks of law and religion professors at CSLR conferences are the leaders of major religions in the U.S. ? Judaism, Islam, and multifaceted Christianity ? along with psychologists, sociologists, biologists, and policy makers. Commemorating CSLR??'s twenty-fifth anniversary, When Law and Religion Meet traces what motivated the Center??'s beginnings, what has impelled its work over the last quarter century, and what fuels the trajectory of law and religion, both separately and together, as they continue in productive dialogue. This pithy, illustrated volume is one that a wide range of readers will want to skim, explore, and return to.
Book Synopsis Socialism and Legal History by : Ville Erkkilä
Download or read book Socialism and Legal History written by Ville Erkkilä and published by Routledge. This book was released on 2020-11-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the way in which legal historians and legal scientists used the past to legitimize, challenge, explain and familiarize the socialist legal orders, which were backed by dictatorial governments. The volume studies legal historians and legal histories written in Eastern European countries during the socialist era after the Second World War. The book investigates whether there was a unified form of socialist legal historiography, and if so, what can be said of its common features. The individual chapters of this volume concentrate on the regimes that situate between the Russian, and later Soviet, legal culture and the area covered by the German Civil Code. Hence, the geographical focus of the book is on East Germany, Russia, the Baltic states, Poland and Hungary. The approach is transnational, focusing on the interaction and intertwinement of the then hegemonic communist ideology and the ideas of law and justice, as they appeared in the writings of legal historians of the socialist legal orders. Such an angle enables concentration on the dynamics between politics and law as well as identities and legal history. Studying the socialist interpretations of legal history reveals the ways in which the 20th century legal scholars, situated between legal renewal and political guidance gave legitimacy to, struggled to come to terms with, and sketched the future of the socialist legal orders. The book will be a valuable resource for academics and researchers working in the areas of Legal History, Jurisprudence and Philosophy of Law and European Studies. The Open Access version of this book, available at https://www.taylorfrancis.com/books/socialism-legal-history-ville-erkkil%C3%A4-hans-peter-haferkamp/e/10.4324/9780367814670?context=ubx&refId=2db6d49f-af1c-4b51-9503-9673a131f541, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.”
