The Invention of Law in the West

Author: Aldo Schiavone,Antony Shugaar

Publisher: Belknap Press

ISBN: 9780674047334

Category: History

Page: 624

View: 8347

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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.

The American Indian in Western Legal Thought

The Discourses of Conquest

Author: Robert A. Williams

Publisher: Oxford University Press on Demand

ISBN: 0195080025

Category: History

Page: 352

View: 5442

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In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of h̀eathens' and ìnfidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of s̀avage' and b̀arbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.--

The Invention of Religion in Japan

Author: Jason Ananda Josephson

Publisher: University of Chicago Press

ISBN: 0226412350

Category: Religion

Page: 404

View: 6233

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Throughout its long history, Japan had no concept of what we call “religion.” There was no corresponding Japanese word, nor anything close to its meaning. But when American warships appeared off the coast of Japan in 1853 and forced the Japanese government to sign treaties demanding, among other things, freedom of religion, the country had to contend with this Western idea. In this book, Jason Ananda Josephson reveals how Japanese officials invented religion in Japan and traces the sweeping intellectual, legal, and cultural changes that followed. More than a tale of oppression or hegemony, Josephson’s account demonstrates that the process of articulating religion offered the Japanese state a valuable opportunity. In addition to carving out space for belief in Christianity and certain forms of Buddhism, Japanese officials excluded Shinto from the category. Instead, they enshrined it as a national ideology while relegating the popular practices of indigenous shamans and female mediums to the category of “superstitions”—and thus beyond the sphere of tolerance. Josephson argues that the invention of religion in Japan was a politically charged, boundary-drawing exercise that not only extensively reclassified the inherited materials of Buddhism, Confucianism, and Shinto to lasting effect, but also reshaped, in subtle but significant ways, our own formulation of the concept of religion today. This ambitious and wide-ranging book contributes an important perspective to broader debates on the nature of religion, the secular, science, and superstition.

The Clash of Empires

Author: Lydia He Liu

Publisher: Harvard University Press

ISBN: 9780674013070

Category: History

Page: 318

View: 1208

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What is lost in translation may be a war, a world, a way of life. A unique look into the nineteenth-century clash of empires from both sides of the earthshaking encounter, this book reveals the connections between international law, modern warfare, and comparative grammar--and their influence on the shaping of the modern world in Eastern and Western terms. The Clash of Empires brings to light the cultural legacy of sovereign thinking that emerged in the course of the violent meetings between the British Empire and the Qing Dynasty (1644-1911). Lydia Liu demonstrates how the collision of imperial will and competing interests, rather than the civilizational attributes of existing nations and cultures, led to the invention of "China," "the East," "the West," and the modern notion of "the world" in recent history. Drawing on her archival research and comparative analyses of English--and Chinese--language texts, as well as their respective translations, she explores how the rhetoric of barbarity and civilization, friend and enemy, and discourses on sovereign rights, injury, and dignity were a central part of British imperial warfare. Exposing the military and philological--and almost always translingual--nature of the clash of empires, this book provides a startlingly new interpretation of modern imperial history.

Inventing the Individual

The Origins of Western Liberalism

Author: Larry Siedentop

Publisher: Harvard University Press

ISBN: 0674417534

Category: Political Science

Page: 433

View: 6698

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Here, in a grand narrative spanning 1,800 years of European history, a distinguished political philosopher firmly rejects Western liberalism’s usual account of itself: its emergence in opposition to religion in the early modern era. Larry Siedentop argues instead that liberal thought is, in its underlying assumptions, the offspring of the Church.

The Criminalization of Abortion in the West

Its Origins in Medieval Law

Author: Wolfgang P. Müller

Publisher: Cornell University Press

ISBN: 0801464625

Category: Social Science

Page: 280

View: 1638

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Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

East West Street

On the Origins of "genocide" and "crimes Against Humanity"

Author: Philippe Sands

Publisher: Vintage

ISBN: 0525433724

Category: History

Page: 464

View: 4429

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Winner of the 2016 Baillie Gifford Prize for Nonfiction A profound and profoundly important book--a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler's Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of "genocide" and "crimes against humanity," both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, "the little Paris of Ukraine," a city variously called Lemberg, Lwów, Lvov, or Lviv. It is also a spellbinding family memoir, as the author traces the mysterious story of his grandfather, as he maneuvered through Europe in the face of Nazi atrocities. East West Street is a book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder.

Suicide of the West

How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics is Destroying American Democracy

Author: Jonah Goldberg

Publisher: Crown Forum

ISBN: 1101904941

Category: Political Science

Page: 464

View: 5554

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NEW YORK TIMES BESTSELLER “Epic and debate-shifting.” —David Brooks, New York Times "More than any book published so far in this century, it deserves to be called a conservative classic." —Yuval Levin, National Review With his trademark blend of political history, social science, economics, and pop culture, two-time NYT bestselling author, syndicated columnist, National Review senior editor, and American Enterprise Institute fellow Jonah Goldberg makes the timely case that America and other democracies are in peril as they lose the will to defend the values and institutions that sustain freedom and prosperity. Instead we are surrendering to populism, nationalism and other forms of tribalism. Only once in the last 250,000 years have humans stumbled upon a way to lift ourselves out of the endless cycle of poverty, hunger, and war that defines most of history—in 18th century England when we accidentally discovered the miracle of liberal democratic capitalism. As Americans we are doubly blessed that those radical ideas were written into the Constitution, laying the groundwork for our uniquely prosperous society: · Our rights come from God not from the government. · The government belongs to us; we do not belong to the government. · The individual is sovereign. We are all captains of our own souls. · The fruits of our labors belong to us. In the last few decades, these political virtues have been turned into vices. As we are increasingly taught to view our traditions as a system of oppression, exploitation and “white privilege,” the principles of liberty and the rule of law are under attack from left and right. At a moment when authoritarianism, tribalism, identity politics, nationalism, and cults of personality are rotting our democracy from within, Goldberg exposes the West’s suicidal tendencies on both sides of the ideological aisle. For the West to survive, we must renew our sense of gratitude for what our civilization has given us and rediscover the ideals that led us out of the bloody muck of the past – or back to the muck we will go. Suicide is painless, liberty takes work.

The Origins of Political Order

From Prehuman Times to the French Revolution

Author: Francis Fukuyama

Publisher: Profile Books

ISBN: 1847652816

Category: Political Science

Page: 631

View: 1306

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Nations are not trapped by their pasts, but events that happened hundreds or even thousands of years ago continue to exert huge influence on present-day politics. If we are to understand the politics that we now take for granted, we need to understand its origins. Francis Fukuyama examines the paths that different societies have taken to reach their current forms of political order. This book starts with the very beginning of mankind and comes right up to the eve of the French and American revolutions, spanning such diverse disciplines as economics, anthropology and geography. The Origins of Political Order is a magisterial study on the emergence of mankind as a political animal, by one of the most eminent political thinkers writing today.

Diversity

The Invention of a Concept

Author: Peter Wood

Publisher: N.A

ISBN: N.A

Category: Social Science

Page: 351

View: 1313

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Argues that the historical meaning of diversity--traditionally defined as variety and multiplicy--is being lost in current American efforts toward prescribed numerical outcomes based on ethnic, racial, or physical characteristics.

History of Western Philosophy

Collectors Edition

Author: Bertrand Russell

Publisher: Routledge

ISBN: 1135692912

Category: Philosophy

Page: 728

View: 5114

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Now in a special gift edition, and featuring a brand new foreword by Anthony Gottlieb, this is a dazzlingly unique exploration of the works of significant philosophers throughout the ages and a definitive must-have title that deserves a revered place on every bookshelf.

Formations of the Secular

Christianity, Islam, Modernity

Author: Talal Asad

Publisher: Stanford University Press

ISBN: 0804783098

Category: Religion

Page: 280

View: 3438

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Opening with the provocative query “what might an anthropology of the secular look like?” this book explores the concepts, practices, and political formations of secularism, with emphasis on the major historical shifts that have shaped secular sensibilities and attitudes in the modern West and the Middle East. Talal Asad proceeds to dismantle commonly held assumptions about the secular and the terrain it allegedly covers. He argues that while anthropologists have oriented themselves to the study of the “strangeness of the non-European world” and to what are seen as non-rational dimensions of social life (things like myth, taboo, and religion),the modern and the secular have not been adequately examined. The conclusion is that the secular cannot be viewed as a successor to religion, or be seen as on the side of the rational. It is a category with a multi-layered history, related to major premises of modernity, democracy, and the concept of human rights. This book will appeal to anthropologists, historians, religious studies scholars, as well as scholars working on modernity.

The History of Development

From Western Origins to Global Faith

Author: Gilbert Rist

Publisher: Zed Books Ltd.

ISBN: 178360025X

Category: Business & Economics

Page: 320

View: 1507

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In this classic text, now in its fourth edition, Gilbert Rist provides a complete and powerful overview of what the idea of development has meant throughout history. He traces it from its origins in the Western view of history, through the early stages of the world system, the rise of US hegemony, and the supposed triumph of third-worldism, through to new concerns about the environment and globalization. In a new chapter on post-development models and ecological dimensions, written against a background of world crisis and ideological disarray, Rist considers possible ways forward and brings the book completely up to date. Throughout, he argues persuasively that development has been no more than a collective delusion, which in reality has resulted only in widening market relations, whatever the intentions of its advocates.

European Integration and Transformation in the Western Balkans

Europeanization or Business as Usual?

Author: Arolda Elbasani

Publisher: Routledge

ISBN: 1136734139

Category: Political Science

Page: 232

View: 4210

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The book investigates the scope and limitations of the transformative power of EU enlargement in the Western Balkans. The extension of EU enlargement policy to the region has generated high expectations that enlargement will regulate democratic institution-building and foster reform, much as it did in Central and Eastern Europe. However, there is very little research on whether and how unfavourable domestic conditions might mitigate the transformative power of the EU. This volume investigates the role of domestic factors, identifying ‘stateness’ as the missing link between the assumed transformative power of the EU and the actual capacity to adopt EU rules across the region. Including chapters on Croatia, Serbia, Macedonia, Albania, Kosovo, and Bosnia-Herzegovina, leading scholars in the field offer up-to-date comparative analysis of key areas of institutional and policy reform; including state bureaucracy, rule of law, electoral management, environmental governance, cooperation with the International Court of Justice, economic liberalization and foreign policy. Looking to the future and the implications for policy change, European Integration and Transformation in the Western Balkans provides a new theoretical and empirical focus on this little understood area. The book will be of interest to scholars and students of EU politics, comparative democratisation, post-communist transitions and Balkan area studies.

Barbed Wire

The Fence that Changed the West

Author: Joanne S. Liu

Publisher: Mountain Press

ISBN: 9780878425570

Category: History

Page: 141

View: 3674

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How the invention of barbed wire transformed the open range of the West into fenced land, creating a violent clash of cultures.

The Origin of Consciousness in the Breakdown of the Bicameral Mind

Author: Julian Jaynes

Publisher: Houghton Mifflin Harcourt

ISBN: 0547527543

Category: Science

Page: 512

View: 1321

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At the heart of this classic, seminal book is Julian Jaynes's still-controversial thesis that human consciousness did not begin far back in animal evolution but instead is a learned process that came about only three thousand years ago and is still developing. The implications of this revolutionary scientific paradigm extend into virtually every aspect of our psychology, our history and culture, our religion -- and indeed our future.

The Oxford Handbook of Late Antiquity

Author: Scott Johnson

Publisher: Oxford University Press

ISBN: 019027753X

Category: Byzantine Empire

Page: 1296

View: 4194

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The Oxford Handbook of Late Antiquity offers an innovative overview of a period (c. 300-700 CE) that has become increasingly central to scholarly debates over the history of western and Middle Eastern civilizations. This volume covers such pivotal events as the fall of Rome, the rise of Christianity, the origins of Islam, and the early formation of Byzantium and the European Middle Ages. These events are set in the context of widespread literary, artistic, cultural, and religious change during the period. The geographical scope of this Handbook is unparalleled among comparable surveys of Late Antiquity; Arabia, Egypt, Central Asia, and the Balkans all receive dedicated treatments, while the scope extends to the western kingdoms, and North Africa in the West. Furthermore, from economic theory and slavery to Greek and Latin poetry, Syriac and Coptic literature, sites of religious devotion, and many others, this Handbook covers a wide range of topics that will appeal to scholars from a diverse array of disciplines. The Oxford Handbook of Late Antiquity engages the perennially valuable questions about the end of the ancient world and the beginning of the medieval, while providing a much-needed touchstone for the study of Late Antiquity itself.

Civilization

The West and the Rest

Author: Niall Ferguson

Publisher: Penguin

ISBN: 1101548029

Category: History

Page: 432

View: 5281

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From the bestselling author of The Ascent of Money and The Square and the Tower Western civilization’s rise to global dominance is the single most important historical phenomenon of the past five centuries. How did the West overtake its Eastern rivals? And has the zenith of Western power now passed? Acclaimed historian Niall Ferguson argues that beginning in the fifteenth century, the West developed six powerful new concepts, or “killer applications”—competition, science, the rule of law, modern medicine, consumerism, and the work ethic—that the Rest lacked, allowing it to surge past all other competitors. Yet now, Ferguson shows how the Rest have downloaded the killer apps the West once monopolized, while the West has literally lost faith in itself. Chronicling the rise and fall of empires alongside clashes (and fusions) of civilizations, Civilization: The West and the Rest recasts world history with force and wit. Boldly argued and teeming with memorable characters, this is Ferguson at his very best.

Carbon Democracy

Political Power in the Age of Oil

Author: Timothy Mitchell

Publisher: Verso Books

ISBN: 1781681163

Category: Political Science

Page: 292

View: 1586

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Carbon Democracy provides a unique examination of the relationship between oil and democracy. Interweaving the history of energy, political analysis, and economic theory, Mitchell targets conventional wisdom regarding energy and governance. Emphasizing how oil and democracy have intermixed, he argues that while coal provided the impetus for mass democracy, the shift to oil drastically limited democratic possibility; above all, the ability to confront contemporary ecological crises.