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A Realistic Theory of Law

by Brian Z. Tamanaha

Drawing on philosophical pragmatism, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores theproblematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion whilearticulating a social theory of law that draws equally from legal theory and socio-legal theory. `This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library . . . there is much to commend in this book. It is well written, ably argued, and generallyknowledgeable. It treats controversial topics forthrightly . . . an excellent review of the legal theory literature. . . . It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side. ' Law and Politics Book Review `by any criterion and excellent book . . . Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies `This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick `a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish

Critical Perspectives on Empire: Gentlemanly Terrorists

by Durba Ghosh

In Gentlemanly Terrorists, Durba Ghosh uncovers the critical place of revolutionary terrorism in the colonial and postcolonial history of modern India. She reveals how so-called 'Bhadralok dacoits' used assassinations, bomb attacks, and armed robberies to accelerate the departure of the British from India and how, in response, the colonial government effectively declared a state of emergency, suspending the rule of law and detaining hundreds of suspected terrorists. She charts how each measure of constitutional reform to expand Indian representation in 1919 and 1935 was accompanied by emergency legislation to suppress political activism by those considered a threat to the security of the state. Repressive legislation became increasingly seen as a necessary condition to British attempts to promote civic society and liberal governance in India. By placing political violence at the center of India's campaigns to win independence, this book reveals how terrorism shaped the modern nation-state in India.

Constitutional Change Through Euro-Crisis Law

by Claire Kilpatrick Bruno De Witte Thomas Beukers

Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.

Cambridge Studies on the American South: Masterless Men

by Keri Leigh Merritt

Analyzing land policy, labor, and legal history, Keri Leigh Merritt reveals what happens to excess workers when a capitalist system is predicated on slave labor. With the rising global demand for cotton - and thus, slaves - in the 1840s and 1850s, the need for white laborers in the American South was drastically reduced, creating a large underclass who were unemployed or underemployed. These poor whites could not compete - for jobs or living wages - with profitable slave labor. Though impoverished whites were never subjected to the daily violence and degrading humiliations of racial slavery, they did suffer tangible socio-economic consequences as a result of living in a slave society. Merritt examines how these 'masterless' men and women threatened the existing Southern hierarchy and ultimately helped push Southern slaveholders toward secession and civil war.

Exclusion by Elections

by John D. Huber

Exclusion by Elections develops a theory about the circumstances under which 'class identities' as opposed to 'ethnic identities' become salient in democratic politics, and links this theory to issues of inequality and the propensity of governments to address it. The book argues that in societies with even modest levels of ethnic diversity, inequality invites ethnic politics, and ethnic politics results in less redistribution than class politics. Thus, contrary to existing workhorse models in social science, where democracies are expected to respond to inequality by increasing redistribution, the argument here is that inequality interacts with ethnic diversity to discourage redistribution. As a result, inequality often becomes reinforced by inequality itself. The author explores the argument empirically by examining cross-national patterns of voting behaviour, redistribution and democratic transitions, and he discusses the argument's implications for identifying strategies that can be used to address rising inequality in the world today.

Theatre and Governance in Britain, 1500–1900

by Tony Fisher

This book begins with a simple observation - that just as the theatre resurfaced during the late Renaissance, so too government as we understand it today also began to appear. Their mutually entwining history was to have a profound influence on the development of the modern British stage. This volume proposes a new reading of theatre's relation to the public sphere. Employing a series of historical case studies drawn from the London theatre, Tony Fisher shows why the stage was of such great concern to government by offering close readings of well-known religious, moral, political, economic and legal disputes over the role, purpose and function of the stage in the 'well-ordered society'. In framing these disputes in relation to what Michel Foucault called the emerging 'art of government', this book draws out - for the first time - a full genealogy of the governmental 'discourse on the theatre'.

Philosophers, Sufis, and Caliphs

by Ali Humayun Akhtar

What was the relationship between government and religion in Middle Eastern history? In a world of caliphs, sultans, and judges, who exercised political and religious authority? In this book, Ali Humayun Akhtar investigates debates about leadership that involved ruling circles and scholars of jurisprudence and theology. At the heart of this story is a medieval rivalry between three caliphates: the Umayyads of Cordoba, the Fatimids of Cairo, and the Abbasids of Baghdad. In a fascinating revival of Late Antique Hellenism, Aristotelian and Platonic notions of wisdom became a key component of how these caliphs debated their authority as political leaders. By tracing how these political debates impacted the theological and jurisprudential scholars and their own conception of communal guidance, Akhtar offers a new picture of premodern political authority and the connections between Western and Islamic civilizations. It will be of use to students and specialists of the premodern and modern Middle East.

Regulatory Crisis

by Sally Lloyd-Bostock Bridget M. Hutter

Using a new concept - 'regulatory crisis' - this book examines how major crises may or may not affect regulation. The authors provide a detailed analysis of selected well-known disasters, tracing multiple interwoven sources of influence and competing narratives shaping crises and their impact. Their findings challenge currently influential ideas about 'regulatory failure', 'risk society' and the process of learning from disasters. They argue that interpretations of and responses to disasters and crises are fluid, socially constructed, and open to multiple influences. Official sense-making can be too readily taken at face value. Failure to manage risks may not be central or even necessary for a regulatory crisis to emerge from a disaster; and the impacts for the regulator can take on a life detached from the precipitating disaster or crisis.

Cambridge Studies in Early Modern British History: Carnal Knowledge

by Martin Ingram

How was the law used to control sex in Tudor England? What were the differences between secular and religious practice? This major study reveals that - contrary to what historians have often supposed - in pre-Reformation England both ecclesiastical and secular (especially urban) courts were already highly active in regulating sex. They not only enforced clerical celibacy and sought to combat prostitution but also restrained the pre- and extramarital sexual activities of laypeople more generally. Initially destabilising, the religious and institutional changes of 1530-60 eventually led to important new developments that tightened the regime further. There were striking innovations in the use of shaming punishments in provincial towns and experiments in the practice of public penance in the church courts, while Bridewell transformed the situation in London. Allowing the clergy to marry was a milestone of a different sort. Together these changes contributed to a marked shift in the moral climate by 1600.

Organizing Leviathan

by Victor Lapuente Carl Dahlström

Why are some countries less corrupt and better governed than others? Challenging conventional explanations on the remarkable differences in quality of government worldwide, this book argues that the organization of bureaucracy is an often overlooked but critical factor. Countries where merit-recruited employees occupy public bureaucracies perform better than those where public employees owe their post to political connections. The book provides a coherent theory of why, and ample evidence showing that meritocratic bureaucracies are conducive to lower levels of corruption, higher government effectiveness, and more flexibility to adopt modernizing reforms. Data comes from both a novel dataset on the bureaucratic structures of over 100 countries as well as from narratives of particular countries, with a special focus on the relationship between politicians and bureaucrats in Spain and Sweden. A notable contribution to the literature in comparative politics and public policy on good governance, and to corruption studies more widely.

Cambridge Studies on the African Diaspora: The Atlantic Slave Trade from West Central Africa, 1780–1867

by Daniel B. Domingues Da Silva

The Atlantic Slave Trade from West Central Africa, 1780-1867, traces the inland origins of slaves leaving West Central Africa at the peak period of the transatlantic slave trade. Drawing on archival sources from Angola, Brazil, England, and Portugal, Daniel B. Domingues da Silva explores not only the origins of the slaves forced into the trade but also the commodities for which they were exchanged and their methods of enslavement. Further, the book examines the evolution of the trade over time, its organization, the demographic profile of the population transported, the enslavers' motivations to participate in this activity, and the Africans' experience of enslavement and transportation across the Atlantic. Domingues da Silva also offers a detailed 'geography of enslavement', including information on the homelands of the enslaved Africans and their destination in the Americas.

A History of the Mind and Mental Health in Classical Greek Medical Thought

by Chiara Thumiger

The Hippocratic texts and other contemporary medical sources have often been overlooked in discussions of ancient psychology. They have been considered to be more mechanical and less detailed than poetic and philosophical representations, as well as later medical texts such as those of Galen. This book does justice to these early medical accounts by demonstrating their richness and sophistication, their many connections with other contemporary cultural products and the indebtedness of later medicine to their observations. In addition, it reads these sources not only as archaeological documents but also in the light of methodological discussions that are fundamental to the histories of psychiatry and psychology. As a result of this approach, the book will be important for scholars of these disciplines as well as those of Greek literature and philosophy, strongly advocating the relevance of ancient ideas to modern debates.

Bedouins into Bourgeois

by Calvert W. Jones

How are state leaders adapting their citizen-building strategies for globalization? What outcomes are they achieving, and why? Bedouins into Bourgeois investigates an ambitious state-led social engineering campaign in the United Arab Emirates, where leaders aimed to encourage more entrepreneurial, market-friendly, patriotic, and civic-minded citizens. Extensive ethnography - including interviews with a ruling monarch - reveals the rulers' reasoning and goals for social engineering. Through surveys and experiments, social engineering outcomes are examined, as well as the reasons for these outcomes, with surprising results. This fascinating study illustrates how social engineering strategies that use nationalism to motivate citizens can have paradoxical effects, increasing patriotism but unexpectedly discouraging or "crowding out" development-friendly mind-sets.

Law and Christianity: Agape, Justice, and Law

by Zachary R. Calo Robert F. Jr. Cochran

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

Intellectual Property, Innovation and Economic Development: The International Mobility of Talent and Innovation

by Ernest Miguelez Carsten Fink

The international mobility of talented individuals is a key part of globalization. In the quest to promote innovation and entrepreneurship, many governments have sought to attract skilled migrants from abroad, inciting both a global competition for talent and concerns about the displacement of domestic workers. This important new work investigates why skilled individuals migrate and how they shape innovation around the world. Using patent data from the World Intellectual Property Organization (WIPO), it charts patterns of high-skilled migration worldwide. In addition, contributions by leading migration scholars review the latest research insights, discuss new approaches to studying high-skilled migration and present fresh evidence on the causes and consequences of greater talent mobility. This book will prove invaluable to policymakers seeking to understand how migration policy choices affect innovation outcomes as well as academic researchers interested in the migration-innovation nexus.

Cambridge Studies in Medieval Life and Thought: Conciliarism and Heresy in Fifteenth-Century England

by Alexander Russell

The general councils of the fifteenth century constituted a remarkable political experiment, which used collective decision-making to tackle important problems facing the church. Such problems had hitherto received rigid top-down management from Rome. However, at Constance and Basle, they were debated by delegates of different ranks from across Europe and resolved through majority voting. Fusing the history of political thought with the study of institutional practices, this innovative study relates the procedural innovations of the general councils and their anti-heretical activities to wider trends in corporate politics, intellectual culture and pastoral reform. Alexander Russell argues that the acceptance of collective decision-making at the councils was predicated upon the prevalence of group participation and deliberation in small-scale corporate culture. Conciliarism and Heresy in Fifteenth-Century England offers a fundamental reassessment of England's relationship with the general councils, revealing how political thought, heresy, and collective politics were connected.

Soldiers of Empire

by Tarak Barkawi

How are soldiers made? Why do they fight? Re-imagining the study of armed forces and society, Barkawi examines the imperial and multinational armies that fought in Asia in the Second World War, especially the British Indian army in the Burma campaign. Going beyond conventional narratives, Barkawi studies soldiers in transnational context, from recruitment and training to combat and memory. Drawing on history, sociology and anthropology, the book critiques the 'Western way of war' from a postcolonial perspective. Barkawi reconceives soldiers as cosmopolitan, their battles irreducible to the national histories that monopolise them. This book will appeal to those interested in the Second World War, armed forces and the British Empire, and students and scholars of military sociology and history, South Asian studies and international relations.

Hesiod and Classical Greek Poetry

by Zoe Stamatopoulou

Hesiod was regarded by the Greeks as a foundational figure of their culture, alongside Homer. This book examines the rich and varied engagement of fifth-century lyric and drama with the poetic corpus attributed to Hesiod as well as with the poetic figure of Hesiod. The first half of the book is dedicated to Hesiodic reception in Pindaric and Bacchylidean poetry, with a particular focus on poetics, genealogies and mythological narratives, and didactic voices. The second half examines how Hesiodic narratives are approached and appropriated in tragedy and satyr drama, especially in the Prometheus plays and in Euripides' Ion. It also explores the multifaceted engagement of Old Comedy with the poetry and authority associated with Hesiod. Through close readings of numerous case studies, the book surveys the complex landscape of Hesiodic reception in the fifth century BCE, focusing primarily on lyric and dramatic responses to the Hesiodic tradition.

New Studies in Christian Ethics: Hope and Christian Ethics

by David Elliot

The theological virtue of hope has long been neglected in Christian ethics. However, as social, civic and global anxieties mount, the need to overcome despair has become urgent. This book proposes the theological virtue of hope as a promising source of rejuvenation. Theological hope sustains us from the sloth, presumption and despair that threaten amid injustice, tragedy and dying; it provides an ultimate meaning and transcendent purpose to our lives; and it rejoices and refreshes us 'on the way' with the prospect of eternal beatitude. Rather than degrading this life and world, hope ordains earthly goods to our eschatological end, forming us to pursue social justice with a resilience and vitality that transcend the cynicism and disillusionment so widespread at present. Drawing on Thomas Aquinas and virtue ethics, the book shows how the virtue of hope contributes to human happiness in this life and not just the next.

Final Judgments

by Austin Sarat

Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.

Cambridge Studies in Economics, Choice, and Society: Islam Instrumentalized

by Jean-Philippe Platteau

In this book, economist Jean-Philippe Platteau addresses the question: does Islam, the religion of Muslims, bear some responsibility for a lack of economic development in the countries in which it dominates? In his nuanced approach, Platteau challenges the widespread view that the doctrine of Islam is reactionary in the sense that it defends tradition against modernity and individual freedom. He also questions the view that fusion between religion and politics is characteristic of Islam and predisposes it to theocracy. He disagrees with the substantivist view that Islam is a major obstacle to modern development because of a merging of religion and the state, or a fusion between the spiritual and political domains. But he also identifies how Islam's decentralized organization, in the context of autocratic regimes, may cause political instability and make reforms costly.

Aquinas on the Metaphysics of the Hypostatic Union

by Michael Gorman

The hypostatic union of Christ, namely his being simultaneously human and divine, is one of the founding doctrines of Christian theology. In this book Michael Gorman presents the first full-length treatment of Aquinas's metaphysics of the hypostatic union. After setting out the historical and theological background, he examines Aquinas's metaphysical presuppositions, explains the basic elements of his account of the hypostatic union, and then enters into detailed discussions of four areas where it is more difficult to get a clear understanding of Aquinas's views, arguing that in some cases we must be content with speculative reconstructions that are true to the spirit of Aquinas's thought. His study pays close attention to the Latin texts and their chronology, and engages with a wide range of secondary literature. It will be of great interest to theologians as well as to scholars of metaphysics and medieval thought.

Public Opinion and Politics in the Late Roman Republic

by Cristina Rosillo-López

This book investigates the working mechanisms of public opinion in Late Republican Rome as a part of informal politics. It explores the political interaction (and sometimes opposition) between the elite and the people through various means, such as rumours, gossip, political literature, popular verses and graffiti. It also proposes the existence of a public sphere in Late Republican Rome and analyses public opinion in that time as a system of control. By applying the spatial turn to politics, it becomes possible to study sociability and informal meetings where public opinion circulated. What emerges is a wider concept of the political participation of the people, not just restricted to voting or participating in the assemblies.

Advancing Empire

by L. H. Roper

In Advancing Empire, L. H. Roper explores the origins and early development of English overseas expansion. Roper focuses on the networks of aristocrats, merchants, and colonial-imperialists who worked to control the transport and production of exotic commodities, such as tobacco and sugar, as well as the labor required to produce them. He is primarily interested in the relationship between the English state and the people it governed, the role of that state in imperial development, the socio-political character of English colonies and English relations with Asians, Africans, American Indians, and other Europeans overseas. The activities stimulated the expansion and integration of global territorial and commercial interests that became the British Empire in the eighteenth century. In exploring these activities from a wider perspective, Roper offers a novel conclusion that revises popular analyses of the English Empire and of Anglo-America.

America's Test Kitchen's Ultimate Burgers

by America'S Test Kitchen

Everyone loves a burger, including everyone you know who doesn’t eat meat anymore. So we collected our favorite burger recipes from decades of test kitchen work into this lean special edition digital download you can enjoy right away. Recipes include Best Old-Fashioned Burgers (drive-in burgers from the era when that mean ultracrisp, ultrabrowned, ultrabeefy burgers), Wisconsin Butter Burgers (the buns and the patties drip with buttery goodness inspired by the burgers at Solly’s Grill outside of Milwaukee, both buns and patties drip with buttery richness), Juicy Lucy Burgers (one bite gets you to a pocked of melty cheese), Juicy Grilled Turkey Burgers (flavor builders like chicken broth and soy sauce deliver flavor, and chopped mushrooms keep the texture loose), Shrimp Burgers (South Carolina’s famous burgers, held together by a surprising binder … more shrimp), and Grilled Portobello Burgers (crosshatching the tops tenderize the mushrooms while letting them absorb even more of a flavorful marinade)

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