The Invention of Law in the West

Author: Aldo Schiavone,Antony Shugaar

Publisher: Belknap Press

ISBN: 9780674047334

Category: History

Page: 624

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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 Origins of the Western Legal Tradition

From Thales to the Tudors

Author: Ellen Goodman

Publisher: Federation Press

ISBN: 9781862871816

Category: Law

Page: 303

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Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.

Law, Language, and Science

The Invention of the Native Mind in Southern Rhodesia, 1890-1930

Author: Diana Jeater

Publisher: Greenwood Publishing Group

ISBN: 031309439X

Category: Language Arts & Disciplines

Page: 297

View: 8651

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Jurisdiction in Deleuze: The Expression and Representation of Law

Author: Edward Mussawir

Publisher: Taylor & Francis

ISBN: 1136816631

Category: Law

Page: 192

View: 6252

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Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression.

Ein säkulares Zeitalter

Author: Charles Taylor

Publisher: Suhrkamp Verlag

ISBN: 3518740407

Category: Philosophy

Page: 1297

View: 6450

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Was heißt es, daß wir heute in einem säkularen Zeitalter leben? Was ist geschehen zwischen 1500 – als Gott noch seinen festen Platz im naturwissenschaftlichen Kosmos, im gesellschaftlichen Gefüge und im Alltag der Menschen hatte – und heute, da der Glaube an Gott, jedenfalls in der westlichen Welt, nur noch eine Option unter vielen ist? Um diesen Wandel zu bestimmen und in seinen Folgen für die gegenwärtige Gesellschaft auszuloten, muß die große Geschichte der Säkularisierung in der nordatlantischen Welt von der frühen Neuzeit bis in die Gegenwart erzählt werden – ein herkulisches Unterfangen, dem sich der kanadische Philosoph Charles Taylor in seinem mit Spannung erwarteten neuen Buch stellt. Mit einem Fokus auf dem »lateinischen Christentum«, dem vorherrschenden Glauben in Europa, rekonstruiert er in geradezu verschwenderischem Detail die entscheidenden Entwicklungslinien in den Naturwissenschaften, der Philosophie, der Staats- und Rechtstheorie und in den Künsten. Dem berühmten Diktum von der wissenschaftlich-technischen »Entzauberung der Welt« und anderen eingeschliffenen Säkularisierungstheorien setzt er die These entgegen, daß es die Religion selbst war, die das Säkulare hervorgebracht hat, und entfaltet eine komplexe Mentalitätsgeschichte des modernen Subjekts, das heute im Niemandsland zwischen Glauben und Atheismus gefangen ist.

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 2241

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Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.

The Clash of Empires

Author: Lydia He Liu

Publisher: Harvard University Press

ISBN: 9780674013070

Category: History

Page: 318

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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.

The Invention of the Western Film

A Cultural History of the Genre's First Half Century

Author: Scott Simmon

Publisher: Cambridge University Press

ISBN: 9780521555814

Category: Performing Arts

Page: 393

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An in-depth exploration of the early Western.

The Invention of the White Race

Author: Theodore W. Allen

Publisher: Verso

ISBN: 9780860916604

Category: History

Page: 310

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"A monumental study of the birth of racism in the American South which makes truly new and convincing points about one of the most critical problems in US history a highly original and seminal work."—David Roediger, University of Missouri

Beyond Employment

Changes in Work and the Future of Labour Law in Europe

Author: Alain Supiot,Pamela Meadows,European Commission

Publisher: Oxford University Press

ISBN: 9780199243044

Category: Business & Economics

Page: 245

View: 6094

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This book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work initiated by the EC. It takes as its starting point the profound changes that have taken place in the underlying employment relationship and associated human resource practices over the past twenty years. These developments are placed in their economic, social, institutional, and legal contexts. Competitive pressures on firms, the search for greater efficiency and effectiveness in the delivery of public services, the changing role of women in society, and the desire for greater choice on the part of individuals are all important motives for change. The legal framework and the structures and organizations which represent the interests of workers and employers must respond to these changes. Drawing on illustrations from a number of European countries, the book suggests that the legal framework should encourage greater collaboration in the workplace, particularly over issues such as training. But it should also place work within its social context and facilitate genuine choices by individuals.

The West and the Rest

Globalization and the Terrorist Threat

Author: Roger Scruton

Publisher: Open Road Media

ISBN: 1497648947

Category: Political Science

Page: 200

View: 9558

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Scruton shows how the different religious and philosophical roots of Western and Islamic societies have resulted in those societies’ profoundly divergent beliefs about the nature of political order. For one thing, the idea of the social contract, crucial to the self-conception of Western nations, is entirely absent in Islamic societies. Similarly, Scruton explains why the notions of territorial jurisdiction, citizenship, and the independent legitimacy of secular authority and law are both specifically Western and fundamentally antipathetic to Islamic thought. And yet, says Scruton, for its adherents Islam provides amply for one of the most fundamental of human needs: the need for membership. In contrast, the decay of the West’s own political vision, and its concomitant preoccupation with individual choice, has finally led to a “culture of repudiation” in which that need goes increasingly unfulfilled, principally because the sources of its fulfillment—patriotism, religious belief, traditional ways of life—are routinely mocked. Globalization has made these facts an explosive mixture. Migration, modern communications, and the media have inexorably brought the formerly remote inhabitants of Islamic nations into constant contact with the images, products, and peoples of secular, liberal democracies. Scruton warns that in light of this new reality, certain Western assumptions—about consumption and prosperity, about borders and travel, about free trade and multinational corporations, and about multiculturalism—need to be thoroughly re-evaluated. The West and the Rest is a major contribution to the West’s public discourse about terrorism, civil society, and liberal democracy.

The Genesis and Ethos of the Market

Author: L. Bruni

Publisher: Springer

ISBN: 1137030526

Category: Political Science

Page: 221

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A discussion of the anthropological roots of the market, tracing its development using the history of ideas and cultures as well as simple game theory. In his analysis of market ethics Bruni calls for a reconsideration of some of the central tenets of modern political economy, and the need for a new spirit of capitalism.

The Invention of Discovery, 1500–1700

Author: Dr James Dougal Fleming

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409478688

Category: Science

Page: 228

View: 7553

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The early modern period used to be known as the Age of Discovery. More recently, it has been troped as an age of invention. But was the invention/discovery binary itself invented, or discovered? This volume investigates the possibility that it was invented, through a range of early modern knowledge practices, centered on the emergence of modern natural science. From Bacon to Galileo, from stagecraft to math, from martyrology to romance, contributors to this interdisciplinary collection examine the period's generation of discovery as an absolute and ostensibly neutral standard of knowledge-production. They further investigate the hermeneutic implications for the epistemological authority that tends, in modernity, still to be based on that standard. The Invention of Discovery, 1500–1700 is a set of attempts to think back behind discovery, considered as a decisive trope for modern knowledge.

The Slavery of the British West India Colonies Delineated

As it Exists Both in Law and Practice, and Compared with the Slavery of Other Countries, Antient and Modern

Author: James Stephen

Publisher: Cambridge University Press

ISBN: 1108020828

Category: History

Page: 564

View: 8746

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A key abolitionist text, exposing the cruelty of colonial slave laws, by one of the nineteenth century's most brilliant lawyers.

Marketing Identities

The Invention of Jewish Ethnicity in Ost und West

Author: David A. Brenner

Publisher: Wayne State University Press

ISBN: 9780814326848

Category: History

Page: 246

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This work analyzes how Ost und West (East and West), the first Jewish magazine (1901-1923) published in Berlin by westernized Jews originally from Eastern Europe, promoted ethnic identity to Jewish audiences in Germany and throughout the world. Using techniques of modern marketing, such as stereotyping, the editors of this successful journal attempted to forge a minority consciousness. Marketing Identities is thus about the beginnings of ethnicity as we know it in the late 20th century.

The Cambridge Companion to Roman Law

Author: David Johnston

Publisher: Cambridge University Press

ISBN: 1316239624

Category: History

Page: N.A

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This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.

The Origins of Business, Money, and Markets

Author: Keith Roberts

Publisher: Columbia University Press

ISBN: 0231526857

Category: Business & Economics

Page: 368

View: 7675

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To understand business and its political, cultural, and economic context, it helps to view it historically, yet most business histories look no further back than the nineteenth century. The full sweep of business history actually begins much earlier, with the initial cities of Mesopotamia. In the first book to describe and explain these origins, Roberts depicts the society of ancient traders and consumers, tracing the roots of modern business and underscoring the relationship between early and modern business practice. Roberts's narrative begins before business, which he defines as selling to voluntary buyers at a profit. Before business, he shows, the material conditions and concepts for the pursuit of profit did not exist, even though trade and manufacturing took place. The earliest business, he suggests, arose with the long distance trade of early Mesopotamia, and expanded into retail, manufacturing and finance in these command economies, culminating in the Middle Eastern empires. (Part One) But it was the largely independent rise of business, money, and markets in classical Greece that produced business much as we know it. Alexander the Great's conquests and the societies that his successors created in their kingdoms brought a version of this system to the old Middle Eastern empires, and beyond. (Part Two) At Rome this entrepreneurial market system gained important new features, including business corporations, public contracting, and even shopping malls. The story concludes with the sharp decline of business after the 3rd century CE. (Part Three) In each part, Roberts portrays the major new types of business coming into existence. He weaves these descriptions into a narrative of how the prevailing political, economic, and social culture shaped the nature and importance of business and the status, wealth, and treatment of business people. Throughout, the discussion indicates how much (and how little) business has changed, provides a clear picture of what business actually is, presents a model for understanding the social impact of business as a whole, and yields stimulating insights for public policy today.

Weber, Habermas and Transformations of the European State

Constitutional, Social, and Supranational Democracy

Author: John P. McCormick

Publisher: Cambridge University Press

ISBN: 1139463578

Category: Political Science

Page: N.A

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This book critically engages Jürgen Habermas's comprehensive vision of constitutional democracy in the European Union. John P. McCormick draws on the writings of Max Weber (and Habermas's own critique of them) to confront the difficulty of theorizing progressive politics during moments of radical state transformation. Both theorists employ normative and empirical categories, drawn from earlier historical epochs, to analyze contemporary structural transformations: Weber evaluated the emergence of the Sozialstaat with antedated categories derived from nineteenth-century and premodern historical examples; while Habermas understands the EU almost exclusively in terms of the liberal (Rechtsstaat) and welfare state (Sozialstaat) paradigms. Largely forsaking the focus on structural transformation that characterized his early work, Habermas conceptualizes the EU as a territorially expanded nation-state. McCormick demonstrates the deficiencies of such an approach and outlines a more appropriate normative-empirical model, the supranational Sektoralstaat, for evaluating prospects for constitutional and social democracy in the EU.

The Invention of Party Politics

Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois

Author: Gerald Leonard

Publisher: Univ of North Carolina Press

ISBN: 0807861316

Category: Political Science

Page: 344

View: 602

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This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party. Grounded in an original retelling of Illinois politics of the 1820s and 1830s, the book also includes chapters that connect the state-level narrative to national history, from the birth of the Constitution to the Dred Scott case. In this reinterpretation, Jacksonian party-builders no longer anticipate twentieth-century political assumptions but draw on eighteenth-century constitutional theory to justify a party division between "the democracy" and "the aristocracy." Illinois is no longer a frontier latecomer to democratic party organization but a laboratory in which politicians use Van Buren's version of the Constitution, states' rights, and popular sovereignty to reeducate a people who had traditionally opposed party organization. The modern two-party system is no longer firmly in place by 1840. Instead, the system remains captive to the constitutional commitments on which the Democrats and Whigs founded themselves, even as the specter of sectional crisis haunts the parties' constitutional visions.