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Empires Law
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Download or read book Empire's Law written by Amy Bartholomew and published by Pluto Press. This book was released on 2006-02-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.
Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Book Synopsis Law, Language, and Empire in the Roman Tradition by : Clifford Ando
Download or read book Law, Language, and Empire in the Roman Tradition written by Clifford Ando and published by University of Pennsylvania Press. This book was released on 2011-09-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Book Synopsis Empire, Emergency and International Law by : John Reynolds
Download or read book Empire, Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Book Synopsis Legal Pluralism and Empires, 1500-1850 by : Lauren Benton
Download or read book Legal Pluralism and Empires, 1500-1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Download or read book The KingÕs Peace written by Lisa Ford and published by Harvard University Press. This book was released on 2021-08-10 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the imposition of Crown rule across the British Empire during the Age of Revolution corroded the rights of British subjects and laid the foundations of the modern police state. During the eighteenth and nineteenth centuries, the British Empire responded to numerous crises in its colonies, from North America to Jamaica, Bengal to New South Wales. This was the Age of Revolution, and the Crown, through colonial governors, tested an array of coercive peacekeeping methods in a desperate effort to maintain control. In the process these leaders transformed what it meant to be a British subject. In the decades after the American Revolution, colonial legal regimes were transformed as the kingÕs representatives ruled new colonies with an increasingly heavy hand. These new autocratic regimes blurred the lines between the rule of law and the rule of the sword. Safeguards of liberty and justice, developed in the wake of the Glorious Revolution, were eroded while exacting obedience and imposing order became the focus of colonial governance. In the process, many constitutional principles of empire were subordinated to a single, overarching rule: where necessary, colonial law could diverge from metropolitan law. Within decades of the American Revolution, Lisa Ford shows, the rights claimed by American rebels became unthinkable in the British Empire. Some colonial subjects fought back but, in the empire, the real winner of the American Revolution was the king. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence to maintain order, The KingÕs Peace provides important lessons on the relationship between peacekeeping, sovereignty, and political subjectivityÑlessons that illuminate contemporary debates over the imbalance between liberty and security.
Book Synopsis Law and Empire in Late Antiquity by : Jill Harries
Download or read book Law and Empire in Late Antiquity written by Jill Harries and published by Cambridge University Press. This book was released on 2001-10-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Book Synopsis Law, Empire, and the Sultan by : Samy A. Ayoub
Download or read book Law, Empire, and the Sultan written by Samy A. Ayoub and published by Oxford University Press. This book was released on 2019-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Book Synopsis Law and Legality in the Ottoman Empire and Republic of Turkey by : Kent F. Schull
Download or read book Law and Legality in the Ottoman Empire and Republic of Turkey written by Kent F. Schull and published by Indiana University Press. This book was released on 2016-01-07 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.
Book Synopsis Boundaries of the International by : Jennifer Pitts
Download or read book Boundaries of the International written by Jennifer Pitts and published by Harvard University Press. This book was released on 2018-03-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.
Download or read book Law and Empire written by and published by BRILL. This book was released on 2013-08-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
Book Synopsis Legalist Empire by : Benjamin Allen Coates
Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Book Synopsis Law’s Abnegation by : Adrian Vermeule
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Download or read book Rage for Order written by Lauren Benton and published by Harvard University Press. This book was released on 2016-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
Book Synopsis Unsound Empire by : Catherine L. Evans
Download or read book Unsound Empire written by Catherine L. Evans and published by Yale University Press. This book was released on 2021 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth‑century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self‑control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?
Book Synopsis International Law and Empire by : Martti Koskenniemi
Download or read book International Law and Empire written by Martti Koskenniemi 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: By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.
