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Law without Nations
by Austin Sarat Lawrence Douglas Martha UmphreyAs the editors (all of Amherst College) explain in their introduction, how one conceptualizes the idea of "law without nations" depends very much on how one theorizes "the nation." A Hobbesian view of the nation as the state suggests that there can be no such thing as "law without nations." The development of doctrines of international crimes such as genocide suggests that law can exist above and beyond the nation, however defined. Understanding "the nation" either in the sense of the German concept of "das Volk" or as an expression of social solidarity (without, necessarily, the exclusivist connotations of "das Volk") can lead to an understanding of the law as embodying and expressing "matters of tradition, affect, belief, and ultimate values," and thus "law without nations" suggests either an impossibility or the imposition of artificial legality from the outside. Finally, in liberal legality, which sees law as the creator of social solidarity and the vehicle for promoting social justice, "law without nations" can be understood as the culmination of the liberal ideal. It is the tensions between these different ways of understanding "law without nations" that animate the six essays presented here, which explore such specific topics as the legal relationship between the nation-state and a globalized world as pertaining to the punishment of crime and the waging of war; issues of comparative constitutionalism (the US Supreme Court citing decisions of foreign domestic national courts, for instance); the conceptual development of Jewish law in the absence of a state for the nation; the recent development of Islamic Sharia Law as a form of supranational legality arising out of the void of failing states; international law as a facilitator of ethnic displacement and exclusion; and law within a liberal multinational empire. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com)
Law, Violence and Constituent Power: The Law, Politics And History Of Constitution Making (Comparative Constitutional Change)
by Héctor López BofillThis book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
A Law Unto Herself: A Novel (Legacies of Nineteenth-Century American Women Writers)
by Rebecca Harding Davis Alicia Mischa RenfroeA scathing critique of the legal status of women and their property rights in nineteenth-century America, Rebecca Harding Davis’s 1878 novel A Law Unto Herself chronicles the experiences of Jane Swendon, a seemingly naïve and conventional nineteenth-century protagonist struggling to care for her elderly father with limited financial resources. In order to continue care, Jane seeks to secure her rightful inheritance despite the efforts of her cousin and later her husband, a greedy man who has tricked her father into securing her hand in marriage. Appealing to middle-class literary tastes of the age, A Law Unto Herself elucidated for a broad general audience the need for legal reforms regarding divorce, mental illness, inheritance, and reforms to the Married Women’s Property Laws. Through three fascinating female characters, the novel also invites readers to consider evolving gender roles during a time of cultural change.
The Law under the Swastika: Studies on Legal History in Nazi Germany
by Michael StolleisIn the Law under the Swastika, Michael Stolleis examines the evolution of legal history, theory, and practice in Nazi Germany, paying close attention to its impact on the Federal Republic and on the German legal profession. Until the late 1960s, historians of the Nazi judicial system were mostly judges and administrators from the Nazi era. According to Stolleis, they were reluctant to investigate this legal history and maintained the ideal that law could not be affected by politics. Michael Stolleis is part of a younger generation and is determined to honestly confront the past in hopes of preventing the same injustices from happening in the future. Stolleis studies a wide range of legal fields—constitutional, judicial, agrarian, administrative, civil, and business—arguing that all types of law were affected by the political realities of National Socialism. Moreover, he shows that legal traditions were not relinquished immediately with the onset of a new regime. For the first time we can see clearly the continuities between the Nazi period and the postwar period. The law under National Socialism did not make a complete break with the law during the Weimar Republic, nor did the law of the Federal Republic nullify all of the laws under National Socialism. Through a rich and subtle investigation, Stolleis shows how the legal profession and the political regime both reacted to the conditions of the period and molded the judicial system accordingly. Breaking the conspiracy of silence held by the justices in the postwar period, Stolleis stresses the importance of researching Nazi law in order to confront ethical problems in today's legal profession.
Law, State, and Society in Modern Iran
by Hadi EnayatUsing a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.
Law, State and Religion in Bosnia and Herzegovina (ICLARS Series on Law and Religion)
by Nedim Begović Emir KovačevićThis book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts’ case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.
The Law Society of Upper Canada and Ontario's Lawyers, 1797-1997
by Christopher MooreAt the end of the eighteenth century, when ten lawyers gathered in what is now Niagara-on-the-Lake to form the Law Society of Upper Canada, they were creating something new in the world: a professional organization with statutory authority to control its membership and govern its own affairs. Today's Law Society of Upper Canada, with more than 25,000 members, still wields these powers. Marking the bicentennial of the society's foundation, Christopher Moore's history begins by exploring the unprecedented step taken in 1797 and follows the evolution of lawyers' work and the idea of professional autonomy through two hundred years of growth and change.The Law Society of Upper Canada and Ontario's Lawyers is a broad-ranging story of the growth and development of the Law Society and the legal profession, from the days when horseback barristers travelled the backwoods by horseback, through the reforms of the late nineteenth century to the period of reaction between the two world wars and the long struggle of women and minorities for access to and equity in the legal profession. Writing in a style that is scholarly as well as entertaining, Moore traces to the present a story rich in personalities, and shows how, after a period of tremendous growth and change, questions of governance, legal aid, and practice insurance triggered a series of crises that rocked the society to its foundations.This is the first study to be based on full access to the society's two hundred years of historical records. Moore, who has organized his research into themes and periods to illuminate the story, also includes new material on the lives and careers of Ontario lawyers and on the place of the Law Society in professional and public life. Readable and extensively illustrated, The Law Society of Upper Canada and Ontario's Lawyers shows that such issues as professional autonomy and the internal organization, at the forefront of debate at the society's inception, continue to dominiate discussions today.
The Law School at the University of Virginia: Architectural Expansion in the Realm of Thomas Jefferson
by Philip Mills HerringtonAs a UNESCO World Heritage Site and a masterwork of Thomas Jefferson, the "Academical Village" at the heart of the University of Virginia has long attracted the attention of visitors and scholars alike. Yet today Jefferson’s original structures make up only a small fraction of a campus comprising over 1,600 acres. The Law School at the University of Virginia traces the history of one of the eight original schools of the University to study the development of the University Grounds over nearly two hundred years. In this book, Philip Mills Herrington relates the remarkable story of how the Law School and the University have used architecture to reconcile a desire for progress with a veneration for the past. In addition to providing a fascinating history of one of the oldest and most influential law schools in the United States, Herrington offers a valuable case study of the ways in which American universities have constructed, altered, and enhanced the built environment in response to the ever-changing demands of higher education and campus life.
Law, Rights and Ideology in Russia: Landmarks in the Destiny of a Great Power
by Bill BowringLaw, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Law, Resources and Time-Space Constructing: Internal Evolutionary Logic for Chinese Judiciary During the 19th Century
by Zhang ShimingThis book studies the judicial evolution of the Qing Dynasty. It sums up the changes from six major aspects: 1. Banfang（班房）emerged in the late Qianlong period; 2. The opening of capital appeals（京控）early in Jiaqing’s reign; 3. The consular jurisdiction was established during Daoguang’s reign; 4. The execution on the spot （就地正法）was started in Daoguang and Xianfeng periods; 5. The introduction of fashenju (发审局，a interrogatory court) happened during Tongzhi’s reign; 6. Late in Guangxu’s reign, banishment was abolished, and reforms were made for prisons. In the past, people did not have a comprehensive understanding of these big changes. From the perspective of legal culture, scholars often criticize traditional Chinese law focuses on criminal law while ignores civil law in terms of legal culture, but this situation can be explained in part by the inadequate allocation of resources and authoritarian resources in traditional societies. Using a large number of archives and precious materials such as private notes that were not noticed by academics in the past, this book adopts the research path of new historical jurisprudence to explore the inner logic of judicial evolution in the Qing Dynasty, focusing on the triangular connection between legal rules, resources, and temporal and spatial constructions, which is an important contribution to the study of traditional Chinese law.
Law, Politics and the Gender Binary
by Petr AghaThe distinction between male and female, or masculinity and femininity, has long been considered to be foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet the binary relationship ‘man/woman’ continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields – including law, sociology, philosophy and anthropology – to pin down the relationship between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at societal and institutional levels. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discusses this pressing question with a view to considering whether current equality policies challenge hierarchical and hegemonic understandings of gender or are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should, contribute to the process of deconstructing the gender binary.
Law, Politics and Society in Early Modern England
by Christopher W. BrooksLaw, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Law, Politics, and Perception: How Policy Preferences Influence Legal Reasoning (Constitutionalism and Democracy)
by Eileen BramanAre judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes--or, more precisely, their preference for policy outcomes--can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Law, Politics, and Morality in Judaism (Ethikon Series in Comparative Ethics)
by Michael WalzerJewish legal and political thought developed in conditions of exile, where Jews had neither a state of their own nor citizenship in any other. What use, then, can this body of thought be today to Jews living in Israel or as emancipated citizens in secular democratic states? Can a culture of exile be adapted to help Jews find ways of being at home politically today? These questions are central in Law, Politics, and Morality in Judaism, a collection of essays by contemporary political theorists, philosophers, and lawyers. How does Jewish law accommodate--or fail to accommodate--the practice of democratic citizenship? What range of religious toleration and pluralism is compatible with traditional Judaism? What forms of coexistence between Jews and non-Jews are required by shared citizenship? How should Jews operating within halakha (Jewish law) and Jewish history judge the use of force by modern states? The authors assembled here by prominent political theorist Michael Walzer come from different points on the religious-secular spectrum, and they differ greatly in their answers to such questions. But they all enact the relationship at issue since their answers, while based on critical Jewish texts, also reflect their commitments as democratic citizens. The contributors are Michael Walzer, David Biale, the late Robert M. Cover, Menachem Fisch, Geoffrey B. Levey, David Novak, Aviezer Ravitzky, Adam B. Seligman, Suzanne Last Stone, and Noam J. Zohar.
Law, Order, and Empire: Policing and Crime in Colonial Algeria, 1870–1954
by Samuel KalmanWhile much attention has focused on society, culture, and the military during the Algerian War of Independence, Law, Order, and Empire addresses a vital component of the empire that has been overlooked: policing. Samuel Kalman examines a critical component of the construction and maintenance of a racial state by settlers in Algeria from 1870 onward, in which Arabs and Berbers were subjected to an ongoing campaign of symbolic, structural, and physical violence. The French administration encouraged this construct by expropriating resources and territory, exploiting cheap labor, and monopolizing government, all through the use of force. Kalman provides a comprehensive overview of policing and crime in French Algeria, including the organizational challenges encountered by officers. Unlike the metropolitan variant, imperial policing was never a simple matter of law enforcement but instead engaged in the defense of racial hegemony and empire. Officers and gendarmes waged a constant struggle against escalating banditry, the assault and murder of settlers, and nationalist politics—anticolonial violence that rejected French rule. Thus, policing became synonymous with repression, and its brutal tactics foreshadowed the torture and murder used during the War of Independence. To understand the mechanics of empire, Kalman argues that it was the first line of defense for imperial hegemony. Law, Order, and Empire outlines not only how failings in policing were responsible for decolonization in Algeria but also how torture, massacres, and quotidian colonial violence—introduced from the very beginning of French policing in Algeria—created state-directed aggression from 1870 onward.
The Law of Treaties (The\library Of Essays In International Law Ser.)
by Scott DavidsonThe centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.
Law of the Sea in East Asia: Issues and Prospects (Routledge Studies in International Law #5)
by Keyuan ZouLaw of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.
Law of the Sea (The\library Of Essays In International Law Ser. #3)
by Hugo CaminosThis series brings together the most significant published journal articles in international law as determined by the editors of each volume in the series. The proliferation of law, specialist journals, the increase in international materials and the use of the internet has meant that it is increasingly difficult for students and legal scholars to have access to all the relevant articles. Many valuable older articles are unable to be obtained readily. In addition each volume contains an informative introduction which provides an overview of the subject matter and justification of why the articles were collected. This series contains collections of articles in a manner that is of use for both teaching and research.
The Law of the Land: The Evolution of Our Legal System
by Charles RembarFinalist for the National Book Award: A fascinating history of Anglo-American law from one of its most important practitioners What do the thoughts of a ravenous tiger have to do with the evolution of America's legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law. Best known for his passionate efforts to protect literature, including Lady Chatterley's Lover, from censorship laws, Rembar offers an exciting look at the democratic judicial system that will appeal to lawyers and laymen alike. From the dark days of medieval England, when legal disputes were settled by duel, through recent paradigm shifts in the interpretation and application of the legal code, The Law of the Land is a compelling and informative history of the rules and regulations we so often take for granted.
Law of the Land
by Greg TaylorHow was it that the Torrens system, a mid-nineteenth-century reform of land titles registration from distant South Australia, gradually replaced the inherited Anglo-Canadian common law system of land registration? In The Law of the Land, Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario.Examining the peculiarity of how this system of land reform swept through some provinces like wildfire, and yet still remains completely unknown in three provinces, Taylor shows how the different histories of various regions in Canada continue to shape the law in the present day. Presenting a concise and illuminating history of land reform, he also demonstrates the power of lobbying, by examining the influence of both moneylenders and lawyers who were the first to introduce the Torrens system to Canada east of the Rockies.An exact and fluent legal history of regional law reforms, The Law of the Land is a fascinating examination of commonwealth influence, and ongoing regional differences in Canada.
Law of the Desert Born: Stories
by Louis L'AmourThese stories represent Louis L'Amour at his best--stirring adventure tales of the ageless Old West, as tough and gritty as the men who tames it. Each story is personally selected, with an introduction and special historical notes, by the author.Meet men like Shad Marone, the gunfighter who killed in self-defense, but who is forced to run because he killed the wrong man--the sheriff's brother; Matt Sabre, as tough as the Texas trail he rides, on a mission of mercy to the wife of the man he gunned down; and Kim Sartain, a reckless young drifter who refuses to back down from a showdown with a vicious outlaw killer. Every story in this collection bear's Louis L'Amour's distinctive brand of unbridled action and unembellished authenticity--taking us into the white-hot deserts, stone-cold canyons, and rough-and-tumble towns of the world only he knows so well.From the Paperback edition.
Law of Return (A Sergeant Carlos Tejada Investigation #2)
by Rebecca PawelThis murder mystery set in Fascist Spain is &“a colorful, thrilling story about loyalty and love&” (Detroit Free Press). Spain, 1940: Lt. Carlos Tejada has been transferred to Salamanca, where he studied law before the Spanish Civil War. His new duties include monitoring parolees—former professors who were fired for protesting against Franco. The policeman&’s old love, Elena Fernandez, has also lost her job because of her political leanings, and has returned home to Salamanca from Madrid. Her father, once a distinguished classics professor, is now one of the parolees—and has just received a letter from a Jewish friend, begging for help to cross into Spain from France to avoid being forcibly repatriated to Nazi Germany. Professor Fernandez cannot violate his parole by traveling—so Elena goes in his stead, and not longer after does her path cross with the lieutenant&’s, and soon they will find themselves involved in a murder case with far-reaching implications. From an Edgar Award–winning author, this is a &“strongly atmospheric&” novel filled with history and intrigue (The Baltimore Sun).
The Law of Love and the Law of Violence
by Leo TolstoyAn exploration of the teachings of Jesus Christ and thoughts of morality.
The Law of Dreams: The Law Of Dreams, The O'briens, And Carry Me (A\peter Behrens Collection #1)
by Peter BehrensWinner of the Governor General's Award for Fiction. Peter Behrens's bestselling novel is gorgeously written, Homeric in scope, and haunting in its depiction of a young man's perilous journey from innocence to experience. The Law of Dreams follows Fergus O'Brien from Ireland to Liverpool and Wales during the Great Potato Famine of 1847, and then beyond -- to a harrowing Atlantic crossing to Montreal. On the way, Fergus loses his family, discovers a teeming world beyond the hill farm where he was born, and experiences three great loves.
Law of Desire: A Queer Film Classic
by José QuirogaLaw of Desire, one of three inaugural titles in Arsenal Pulp Press' new film book series Queer Film Classics, focuses on the 1987 homoerotic melodrama by Pedro Almodóvar, Spain's most successful contemporary film director.<P> The film Law of Desire is a grand tale of love, lust, and amnesia featuring three main characters: a gay film director (played by Eusebio Poncela); his sister, an actress who was once his brother (Carmen Maura); and a repressed, obsessive stalker (a young Antonio Banderas). In the twenty-plus years since its first release, Law of Desire has been acknowledged as redefining the way in which cinema can portray the difficult affective relationships between homosexuality, gender, and sex. Taking his cue from the golden age of Latin American, American, and European melodrama, Almodóvar created a sentimental yet hard-edged film that believes in the utopian possibilities for new relationships that redeem people from their despair. Since its release, Almodóvar has become an Oscar-winning filmmaker who regularly delves into issues of sexuality, gender, and identity.<P> This book examines the political and social context in which Almodóvar created Law of Desire, as well as its impact on LGBT cinema both in Europe and around the world.