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The Western Jurist
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Download or read book The Western Jurist written by and published by . This book was released on 1867 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes "Table of cases determined in the Supreme Court of Iowa and published in v. 19-29 Iowa reports" (v. 5, Sept. 1871) and the Constitution and the Proceedings of the Iowa State Bar Association, 1874-78.
Book Synopsis Western Legal Theory by : Augusto Zimmermann
Download or read book Western Legal Theory written by Augusto Zimmermann and published by . This book was released on 2012-12-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
Author :Kenneth Pennington Publisher :University of California Presson Demand ISBN 13 :9780520079953 Total Pages :335 pages Book Rating :4.0/5 (799 download)
Book Synopsis The Prince and the Law, 1200-1600 by : Kenneth Pennington
Download or read book The Prince and the Law, 1200-1600 written by Kenneth Pennington and published by University of California Presson Demand. This book was released on 1993-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles "A work of synthesis that at the same time introduces new material to the treasury of studies on medieval political thought."--Stanley Chodorov, University of California, San Diego "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles
Book Synopsis The Invention of Law in the West by : Aldo Schiavone
Download or read book The Invention of Law in the West written by Aldo Schiavone and published by Belknap Press. This book was released on 2012-01-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity. The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidationâe"an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around itâe"formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.
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 Out of Revolution by : Eugen Rosenstock-Huessy
Download or read book Out of Revolution written by Eugen Rosenstock-Huessy and published by Wipf and Stock Publishers. This book was released on 2013-04-08 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic, originally published in 1938, was reprinted in 1969 for a new generation by Berg Publishers. From the new introduction by Harold J. Berman: "That this book-- written six decades ago --is without question an extraordinary book, a remarkable book, a fascinating book, has not saved it from relative obscurity. It is directed against conventional historiography, and for the most part the conventional historians have either ignored it or denounced it . . . [It] is a history in the best sense of the word. Although it embodies original scholarship of the highest professional quality, it is written primarily for the amateur, the person of general education, who wants to know where we came from and whither we are headed. But it is also a theory of history: how history should be understood, how historians should write about it . . .. Out of Revolution interprets modern Western history as a single 900-year period, initiated by total revolution . . . and punctuated thereafter by a series of total revolutions that broke out successively in the different European nations . . .. Rosenstock-Huessy was a prophet who, like many great prophets, failed in his own time, but whose time may now be coming."
Book Synopsis A Short History of Western Legal Theory by : John Maurice Kelly
Download or read book A Short History of Western Legal Theory written by John Maurice Kelly and published by . This book was released on 1992 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication outlines the development of legal theory from pre-Roman times through the twentieth century. It relates the evolution of legal theory to parallel developments in political theory and history. This work also discusses the relevant contemporary events in politics, economics, and religion. Each chapter begins with a synopsis of related historical background for the period, going on to discuss how these events are related to political and legal theory as well as how they become an influence on one another. Avoiding the conventional approach of "traditions" or "schools" of thought, this work aims to anchor legal theory to contemporary general history.
Book Synopsis Natural Law in Court by : R. H. Helmholz
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Download or read book The Jurists written by James Gordley and published by OUP Oxford. This book was released on 2013-10-03 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve.
Book Synopsis Law and Revolution: The formation of secular legal systems. The concept of secular law by : Harold Joseph Berman
Download or read book Law and Revolution: The formation of secular legal systems. The concept of secular law written by Harold Joseph Berman and published by . This book was released on 1983 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medieval Church Law and the Origins of the Western Legal Tradition by : Kenneth Pennington
Download or read book Medieval Church Law and the Origins of the Western Legal Tradition written by Kenneth Pennington and published by CUA Press. This book was released on 2006 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.
Download or read book Legal engagement written by Collectif and published by Publications de l’École française de Rome. This book was released on 2021-07-30 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.
Download or read book The Western Jurist written by and published by . This book was released on 1868 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes "Table of cases determined in the Supreme Court of Iowa and published in v. 19-29 Iowa reports" (v. 5, Sept. 1871) and the Constitution and the Proceedings of the Iowa State Bar Association, 1874-78.
Book Synopsis The Democratic Sublime by : Jason Frank
Download or read book The Democratic Sublime written by Jason Frank and published by Oxford University Press. This book was released on 2021-03-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition from royal to popular sovereignty during the age of democratic revolutions--from 1776 to 1848--entailed not only the reorganization of institutions of governance and norms of political legitimacy, but also a dramatic transformation in the iconography and symbolism of political power. The personal and external rule of the king, whose body was the physical locus of political authority, was replaced with the impersonal and immanent self-rule of the people, whose power could not be incontestably embodied. This posed representational difficulties that went beyond questions of institutionalization and law, extending into the aesthetic realm of visualization, composition, and form. How to make the people's sovereign will tangible to popular judgment was, and is, a crucial problem of democratic political aesthetics. The Democratic Sublime offers an interdisciplinary exploration of how the revolutionary proliferation of popular assemblies--crowds, demonstrations, gatherings of the "people out of doors"--came to be central to the political aesthetics of democracy during the age of democratic revolutions. Jason Frank argues that popular assemblies allowed the people to manifest as a collective actor capable of enacting dramatic political reforms and change. Moreover, Frank asserts that popular assemblies became privileged sites of democratic representation as they claimed to support the voice of the people while also signaling the material plenitude beyond any single representational claim. Popular assemblies continue to retain this power, in part, because they embody that which escapes representational capture: they disrupt the representational space of appearance and draw their power from the ineffability and resistant materiality of the people's will. Engaging with a wide range of sources, from canonical political theorists (Rousseau, Burke, and Tocqueville) to the novels of Hugo, the visual culture of the barricades, and the memoirs of popular insurgents, The Democratic Sublime demonstrates how making the people's sovereign will tangible to popular judgment became a central dilemma of modern democracy, and how it remains so today.
Book Synopsis John Henry Wigmore and the Rules of Evidence by : Andrew Porwancher
Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Book Synopsis The History of Law in Europe by : Bart Wauters
Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Book Synopsis Historical and Theological Foundations of Law by : John Eidsmoe
Download or read book Historical and Theological Foundations of Law written by John Eidsmoe and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, traces their development through history, and notes common trends that should cause hope or alarm today. Volume I: Ancient Wisdom. Book I, The Foundation begins by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy's sage balancing of power. How did these systems arise? What are the trends? Polytheism to monotheism, or monotheism to polytheism? Decentralization or centralization of power? Fewer laws or more laws? Gentleness or brutality? Book II, The Cornerstone, focuses on a unique people who many believe have influenced the world more than any other. In a canon of 39 books, the Hebrews established the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. Book III, The Structure, turns to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law the rise of the Canon law of the Church occurs. The Sharia law of Islam is also surveyed. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. To take root and grow, the Common Law needed fresh soil. In Book VI, The Beacon, the Anglicans establish the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, 55 delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into mankind's legal heritage. The truths contained in these volumes will reverberate to future generations who may well need reminding, even as needed today, of the foundations as well as the Founder of the unique American system of Law.
