The Spirit Of American Law

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Montesquieu: The Spirit of the Laws

Author : Charles de Secondat baron de Montesquieu
Publisher : Cambridge University Press
ISBN 13 : 9780521369749
Total Pages : 814 pages
Book Rating : 4.3/5 (697 download)

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Book Synopsis Montesquieu: The Spirit of the Laws by : Charles de Secondat baron de Montesquieu

Download or read book Montesquieu: The Spirit of the Laws written by Charles de Secondat baron de Montesquieu and published by Cambridge University Press. This book was released on 1989-09-21 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.

The Spirit of the Law

Author : Sarah Barringer Gordon
Publisher : Harvard University Press
ISBN 13 : 9780674046542
Total Pages : 358 pages
Book Rating : 4.0/5 (465 download)

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Book Synopsis The Spirit of the Law by : Sarah Barringer Gordon

Download or read book The Spirit of the Law written by Sarah Barringer Gordon and published by Harvard University Press. This book was released on 2010-04-30 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.

Montesquieu's Comparative Politics and the Spirit of American Constitutionalism

Author : Anne M. Cohler
Publisher : University Press of Kansas
ISBN 13 : 0700631445
Total Pages : 227 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Montesquieu's Comparative Politics and the Spirit of American Constitutionalism by : Anne M. Cohler

Download or read book Montesquieu's Comparative Politics and the Spirit of American Constitutionalism written by Anne M. Cohler and published by University Press of Kansas. This book was released on 2021-10-08 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: “American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.

Complete Works

Author : Charles de Secondat baron de Montesquieu
Publisher :
ISBN 13 :
Total Pages : 418 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Complete Works by : Charles de Secondat baron de Montesquieu

Download or read book Complete Works written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1777 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Letters of the Law

Author : Sora Y. Han
Publisher : Stanford University Press
ISBN 13 : 0804795010
Total Pages : 184 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Letters of the Law by : Sora Y. Han

Download or read book Letters of the Law written by Sora Y. Han and published by Stanford University Press. This book was released on 2015-05-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.

Law in America

Author : Lawrence M. Friedman
Publisher : Modern Library
ISBN 13 : 0812972856
Total Pages : 226 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis Law in America by : Lawrence M. Friedman

Download or read book Law in America written by Lawrence M. Friedman and published by Modern Library. This book was released on 2004-10-12 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

The Transformation of American Law, 1780-1860

Author : Morton J. HORWITZ
Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ

Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Montesquieu's 'The Spirit of the Laws'

Author :
Publisher : Anthem Press
ISBN 13 : 1839982969
Total Pages : 1018 pages
Book Rating : 4.8/5 (399 download)

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Book Synopsis Montesquieu's 'The Spirit of the Laws' by :

Download or read book Montesquieu's 'The Spirit of the Laws' written by and published by Anthem Press. This book was released on 2024-02-06 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws not only systematizes the foundational ideas of “separation of powers” and “balances and checks,” it provides the decisive response to the question of whether power in the nation-state can be limited in the aftermath of the Westphalian settlement of 1648. It describes a civilizational change through which power becomes domesticated, with built-in resistance to attempts to absolutize (or make total) political power. As such, it is the Bible of modern politics, now made more accessible to English readers than it ever has been.

On the Spirit of Rights

Author : Dan Edelstein
Publisher : University of Chicago Press
ISBN 13 : 022679430X
Total Pages : 334 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis On the Spirit of Rights by : Dan Edelstein

Download or read book On the Spirit of Rights written by Dan Edelstein and published by University of Chicago Press. This book was released on 2021-06 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures? In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights that regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.

The Spirit Of American Law

Author : George S Grossman
Publisher : Routledge
ISBN 13 : 0429975457
Total Pages : 580 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Spirit Of American Law by : George S Grossman

Download or read book The Spirit Of American Law written by George S Grossman and published by Routledge. This book was released on 2018-04-24 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

The Spirit of the Common Law

Author : Roscoe Pound
Publisher : Legare Street Press
ISBN 13 : 9781015479531
Total Pages : 0 pages
Book Rating : 4.4/5 (795 download)

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Book Synopsis The Spirit of the Common Law by : Roscoe Pound

Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Legare Street Press. This book was released on 2022-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Spirit of Roman Law

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 0820330612
Total Pages : 266 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Roman Law by : Alan Watson

Download or read book The Spirit of Roman Law written by Alan Watson and published by University of Georgia Press. This book was released on 2008 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.

A Nation of Laws

Author : Peter Charles Hoffer
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Nation of Laws by : Peter Charles Hoffer

Download or read book A Nation of Laws written by Peter Charles Hoffer and published by . This book was released on 2010 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to and meditation on the key concepts, history, evolution, complexities, and importance of law in our nation's 233-year existence.

The Spirit of International Law

Author : David J. Bederman
Publisher : University of Georgia Press
ISBN 13 : 0820326399
Total Pages : 294 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of International Law by : David J. Bederman

Download or read book The Spirit of International Law written by David J. Bederman and published by University of Georgia Press. This book was released on 2010-01-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

The Spirit of Hindu Law

Author : Donald Richard Davis
Publisher : Cambridge University Press
ISBN 13 : 0521877040
Total Pages : 207 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The Spirit of Hindu Law by : Donald Richard Davis

Download or read book The Spirit of Hindu Law written by Donald Richard Davis and published by Cambridge University Press. This book was released on 2010-01-21 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to Hindu law and jurisprudence questions the traditional perception of law, and reveals law's close linkage with religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life.

The Spirits and the Law

Author : Kate Ramsey
Publisher : University of Chicago Press
ISBN 13 : 0226703819
Total Pages : 446 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Spirits and the Law by : Kate Ramsey

Download or read book The Spirits and the Law written by Kate Ramsey and published by University of Chicago Press. This book was released on 2014-02-07 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.

The Spirit of the Constitution

Author : David S. Schwartz
Publisher : Oxford University Press, USA
ISBN 13 : 0190699485
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Spirit of the Constitution by : David S. Schwartz

Download or read book The Spirit of the Constitution written by David S. Schwartz and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.