The Legal Effects Of A Revolution

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Five Legal Revolutions Since the 17th Century

Author : Jean-Louis Halpérin
Publisher : Springer
ISBN 13 : 3319058886
Total Pages : 194 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Five Legal Revolutions Since the 17th Century by : Jean-Louis Halpérin

Download or read book Five Legal Revolutions Since the 17th Century written by Jean-Louis Halpérin and published by Springer. This book was released on 2014-07-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.

The Legal Effects of a Revolution

Author : William Sólyom-Fekete
Publisher :
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Legal Effects of a Revolution by : William Sólyom-Fekete

Download or read book The Legal Effects of a Revolution written by William Sólyom-Fekete and published by . This book was released on 1982 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Glorious Revolution and the Continuity of Law

Author : Richard S. Kay
Publisher : CUA Press
ISBN 13 : 0813226872
Total Pages : 320 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The Glorious Revolution and the Continuity of Law by : Richard S. Kay

Download or read book The Glorious Revolution and the Continuity of Law written by Richard S. Kay and published by CUA Press. This book was released on 2014-11-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between law and revolution. Historical experience 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. This study adds a new dimension to the literature of the Glorious Revolution by describing and analysing this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

The Trust Revolution

Author : M.Todd Henderson
Publisher : Cambridge University Press
ISBN 13 : 1108494234
Total Pages : 235 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Trust Revolution by : M.Todd Henderson

Download or read book The Trust Revolution written by M.Todd Henderson and published by Cambridge University Press. This book was released on 2019-08-15 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.

Regulating a Revolution

Author : Neta Palkovitz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518146
Total Pages : 197 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulating a Revolution by : Neta Palkovitz

Download or read book Regulating a Revolution written by Neta Palkovitz and published by Kluwer Law International B.V.. This book was released on 2019-11-22 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, small satellites have taken the space industry by storm. Their short development times, low cost, significant miniaturisation, standardisation and commercial availability have truly revolutionised the space industry. They make space accessible to non-professionals and on an individual level. This book is the first to explore the status of small satellites vis-à-vis international space law, examining which provisions are applicable and what kind of legal issues the traditional definitions pose when considering novel small satellites activities. The author sheds clear light on current regulatory challenges raised by the commercial and research activities of small satellites as well as by governmental and military applications. She covers the legal implications in such aspects of the small satellites revolution as the following: liability for damage caused or suffered by small satellites; State responsibility for non-governmental space activities employing small satellites; registration of space objects; launch practices; online availability of components and launch slots; the connection between small satellites and space debris; the role of space insurance; and legal challenges posed by large constellations of small satellites. In the course of the description and analysis, the author provides case studies showing how these challenges can be dealt with, offers deeply informed insights on emerging trends and future developments and indicates which jurisdictions may be most favourable to small satellite activities. The small satellites market is booming, and both States and industry are in need of guidance relating to the regulatory situation. Accordingly, this book will help stakeholders in the industry – universities, business entities and individuals, as well as non-commercial entities engaged in small satellites operations – understand what kind of regulatory challenges exist and what should be done in order to solve these challenges in the future.

Law and Revolution

Author : Nimer Sultany
Publisher : Oxford University Press
ISBN 13 : 0198768893
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Law and Revolution by : Nimer Sultany

Download or read book Law and Revolution written by Nimer Sultany and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Almost a Revolution

Author : Paul S. Appelbaum
Publisher : Oxford University Press, USA
ISBN 13 : 9780195068801
Total Pages : 260 pages
Book Rating : 4.0/5 (688 download)

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Book Synopsis Almost a Revolution by : Paul S. Appelbaum

Download or read book Almost a Revolution written by Paul S. Appelbaum and published by Oxford University Press, USA. This book was released on 1994 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doubts about the reality of mental illness and the benefits of psychiatric treatment helped foment a revolution in the law's attitude toward mental disorders over the last 25 years. Legal reformers pushed for laws to make it more difficult to hospitalize and treat people with mental illness, and easier to punish them when they committed criminal acts. Advocates of reform promised vast changes in how our society deals with the mentally ill; opponents warily predicted chaos and mass suffering. Now, with the tide of reform ebbing, Paul Appelbaum examines what these changes have wrought. The message emerging from his careful review is a surprising one: less has changed than almost anyone predicted. When the law gets in the way of commonsense beliefs about the need to treat serious mental illness, it is often put aside. Judges, lawyers, mental health professionals, family members, and the general public collaborate in fashioning an extra-legal process to accomplish what they think is fair for persons with mental illness. Appelbaum demonstrates this thesis in analyses of four of the most important reforms in mental health law over the past two decades: involuntary hospitalization, liability of professionals for violent acts committed by their patients, the right to refuse treatment, and the insanity defense. This timely and important work will inform and enlighten the debate about mental health law and its implications and consequences. The book will be essential for psychiatrists and other mental health professionals, lawyers, and all those concerned with our policies toward people with mental illness.

Five Legal Revolutions Since the 17th Century

Author : Jean-Louis Halperin
Publisher :
ISBN 13 : 9783319058894
Total Pages : 212 pages
Book Rating : 4.0/5 (588 download)

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Book Synopsis Five Legal Revolutions Since the 17th Century by : Jean-Louis Halperin

Download or read book Five Legal Revolutions Since the 17th Century written by Jean-Louis Halperin and published by . This book was released on 2014-08-31 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Victims, Perpetrators, and the Role of Law in Maoist China

Author : Daniel Leese
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110533650
Total Pages : 213 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Victims, Perpetrators, and the Role of Law in Maoist China by : Daniel Leese

Download or read book Victims, Perpetrators, and the Role of Law in Maoist China written by Daniel Leese and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-06-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”

Adjudicating Revolution

Author : Kay, Richard S.
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971337
Total Pages : 256 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Adjudicating Revolution by : Kay, Richard S.

Download or read book Adjudicating Revolution written by Kay, Richard S. and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.

In a Defiant Stance

Author : John P. Reid
Publisher : Penn State Press
ISBN 13 : 027103825X
Total Pages : 237 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis In a Defiant Stance by : John P. Reid

Download or read book In a Defiant Stance written by John P. Reid and published by Penn State Press. This book was released on 2010-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.

Sovereignty, International Law, and the French Revolution

Author : Edward James Kolla
Publisher : Cambridge University Press
ISBN 13 : 1107179548
Total Pages : 353 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Sovereignty, International Law, and the French Revolution by : Edward James Kolla

Download or read book Sovereignty, International Law, and the French Revolution written by Edward James Kolla and published by Cambridge University Press. This book was released on 2017-10-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

The Rights Revolution

Author : Charles R. Epp
Publisher : University of Chicago Press
ISBN 13 : 022677242X
Total Pages : 343 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Rights Revolution by : Charles R. Epp

Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 2020-05-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

International Law and Revolution

Author : Owen Taylor
Publisher : Routledge
ISBN 13 : 0429664168
Total Pages : 192 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis International Law and Revolution by : Owen Taylor

Download or read book International Law and Revolution written by Owen Taylor and published by Routledge. This book was released on 2019-05-23 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Revolutionary War Law and Lawyers

Author : Thomas J Shaw Esq
Publisher :
ISBN 13 : 9781688873421
Total Pages : 588 pages
Book Rating : 4.8/5 (734 download)

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Book Synopsis Revolutionary War Law and Lawyers by : Thomas J Shaw Esq

Download or read book Revolutionary War Law and Lawyers written by Thomas J Shaw Esq and published by . This book was released on 2019-09 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Revolutionary War was the first "legal" war, where two nations with firm commitments to a common legal tradition faced off. Two hundred legal issues are identified from this time of war, from the supremacy of imperial law, taxation without representation, general writs of assistance, and founding new governments, to searching for gunpowder, defining allegiances, holding military officers to account, and establishing prize courts. For each legal issue identified, the relevant statutes passed or military orders given and the cases tried are discussed. Some trials are well known, other are not, while others simply have been forgotten but all are tied together here to create a legal overview of this conflict. The legal personalities behind the issues, laws, and cases are also presented. Exactly 274 lawyers and judges from the principal countries in this conflict, primarily America and Britain, are brought to life. Some were famous as current or future national leaders, others were relatively unknown then and now, and some gave their lives in service, often at a young age. These people, of differing nationalities, cultures, training, and roles, present a compelling human backdrop to understanding the legal story of the war.In addition to presenting the story behind these legal issues from across the globe, the book provides practical assistance by looking to the commonality of many issues across the major global wars with American involvement. Some of the issues presented and precedents set are useful in understanding and resolving current and future conflicts. This book has something for all types of readers: lawyers, judges, law students, fans of history or the history of war, and the general reader.

Law in the American Revolution and the Revolution in the Law

Author : Hendrik Hartog
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.:/5 (964 download)

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Book Synopsis Law in the American Revolution and the Revolution in the Law by : Hendrik Hartog

Download or read book Law in the American Revolution and the Revolution in the Law written by Hendrik Hartog and published by . This book was released on 1981 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Trillion Dollar Revolution

Author : Ezekiel J. Emanuel
Publisher : PublicAffairs
ISBN 13 : 1541797779
Total Pages : 415 pages
Book Rating : 4.5/5 (417 download)

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Book Synopsis The Trillion Dollar Revolution by : Ezekiel J. Emanuel

Download or read book The Trillion Dollar Revolution written by Ezekiel J. Emanuel and published by PublicAffairs. This book was released on 2020-03-03 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the landmark legislation, Ezekiel Emanuel leads a crowd of experts, policy-makers, doctors, and scholars as they evaluate the Affordable Care Act's history so far. In March 2010, the Affordable Care Act officially became one of the seminal laws determining American health care. From day one, the law was challenged in court, making it to the Supreme Court four separate times. It transformed the way a three-trillion-dollar sector of the economy behaved and brought insurance to millions of people. It spawned the Tea Party, further polarized American politics, and affected the electoral fortunes of both parties. Ten years after the bill's passage, a constellation of experts--insiders and academics for and against the ACA--describe the momentousness of the legislation. Encompassing Democrats and Republicans, along with legal, financial, and health policy experts, the essays here offer a fascinating and revealing insight into the political fight of a generation, its consequences for health care, politics, law, the economy-and the future.