The Invention of Law in the West

Author: Aldo Schiavone,Antony Shugaar

Publisher: Belknap Press

ISBN: 9780674047334

Category: History

Page: 624

View: 5105

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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

View: 9741

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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.

Jurisdiction in Deleuze: The Expression and Representation of Law

Author: Edward Mussawir

Publisher: Taylor & Francis

ISBN: 1136816631

Category: Law

Page: 192

View: 2905

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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.

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.

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: 1834

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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 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

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 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 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

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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.

Gibbons v. Ogden, Law, and Society in the Early Republic

Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: 082144333X

Category: History

Page: 264

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Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

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

View: 6192

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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 Invention of Discovery, 1500–1700

Author: Dr James Dougal Fleming

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409478688

Category: Science

Page: 228

View: 862

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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.

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.

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: 3270

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Minority Rights in the Middle East

Author: Joshua Castellino,Kathleen A. Cavanaugh

Publisher: OUP Oxford

ISBN: 0191668885

Category: Law

Page: 456

View: 9712

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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Alibis of Empire

Henry Maine and the Ends of Liberal Imperialism

Author: Karuna Mantena

Publisher: Princeton University Press

ISBN: 1400835070

Category: Political Science

Page: 280

View: 8263

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Alibis of Empire presents a novel account of the origins, substance, and afterlife of late imperial ideology. Karuna Mantena challenges the idea that Victorian empire was primarily legitimated by liberal notions of progress and civilization. In fact, as the British Empire gained its farthest reach, its ideology was being dramatically transformed by a self-conscious rejection of the liberal model. The collapse of liberal imperialism enabled a new culturalism that stressed the dangers and difficulties of trying to "civilize" native peoples. And, hand in hand with this shift in thinking was a shift in practice toward models of indirect rule. As Mantena shows, the work of Victorian legal scholar Henry Maine was at the center of these momentous changes. Alibis of Empire examines how Maine's sociotheoretic model of "traditional" society laid the groundwork for the culturalist logic of late empire. In charting the movement from liberal idealism, through culturalist explanation, to retroactive alibi within nineteenth-century British imperial ideology, Alibis of Empire unearths a striking and pervasive dynamic of modern empire.

The Oxford Handbook of Modern African History

Author: John Parker,Richard Reid

Publisher: OUP Oxford

ISBN: 0191667552

Category: History

Page: 560

View: 5825

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The Oxford Handbook of Modern African History represents an invaluable tool for historians and others in the field of African studies. This collection of essays, produced by some of the finest scholars currently working in the field, provides the latest insights into, and interpretations of, the history of Africa - a continent with a rich and complex past. An understanding of this past is essential to gain perspective on Africa's current challenges, and this accessible and comprehensive volume will allow readers to explore various aspects - political, economic, social, and cultural - of the continent's history over the last two hundred years. Since African history first emerged as a serious academic endeavour in the 1950s and 1960s, it has undergone numerous shifts in terms of emphasis and approach, changes brought about by political and economic exigencies and by ideological debates. This multi-faceted Handbook is essential reading for anyone with an interest in those debates, and in Africa and its peoples. While the focus is determinedly historical, anthropology, geography, literary criticism, political science and sociology are all employed in this ground-breaking study of Africa's past.

Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law, 2nd Edition [3 volumes]

An Encyclopedia of History, Politics, Culture, and the Law

Author: Gregg Lee Carter

Publisher: ABC-CLIO

ISBN: 0313386714

Category: History

Page: 1096

View: 8090

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Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations

Translating the West

Language and Political Reason in Nineteenth-Century Japan

Author: Douglas Howland

Publisher: University of Hawaii Press

ISBN: 9780824824624

Category: History

Page: 292

View: 8614

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In this rich and absorbing analysis of the transformation of political thought in nineteenth-century Japan, Douglas Howland examines the transmission to Japan of key concepts--liberty, rights, sovereignty, and society--from Western Europe and the United States. Because Western political concepts did not translate well into their language, Japanese had to invent terminology to engage Western political thought. This work of westernization served to structure historical agency as Japanese leaders undertook the creation of a modern state. Where scholars have previously treated the introduction of Western political thought to Japan as a simple migration of ideas from one culture to another, Howland undertakes an unprecedented integration of the history of political concepts and the semiotics of translation techniques. He demonstrates that Japanese efforts to translate the West must be understood as problems both of language and action--as the creation and circulation of new concepts and the usage of these new concepts in debates about the programs and policies to be implemented in a westernizing Japan. Translating the West will interest scholars of East Asian studies and translation studies and historians of political thought, liberalism, and modernity.