Download or read book The Invention of Law in the West written by Aldo Schiavone and published by Belknap Press. This book was released on 2012-01-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Pursuit of Equality in the West written by Aldo Schiavone and published by Harvard University Press. This book was released on 2022-07-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world’s foremost historians of Western political and legal thought proposes a bold new model for thinking about equality at a time when its absence threatens democracies everywhere. How much equality does democracy need to survive? Political thinkers have wrestled with that question for millennia. Aristotle argued that some are born to command and others to obey. Antiphon believed that men, at least, were born equal. Later the Romans upended the debate by asking whether citizens were equals not in ruling but in standing before the law. Aldo Schiavone guides us through these and other historical thickets, from the first democracy to the present day, seeking solutions to the enduring tension between democracy and inequality. Turning from Antiquity to the modern world, Schiavone shows how the American and the French revolutions attempted to settle old debates, introducing a new way of thinking about equality. Both the French revolutionaries and the American colonists sought democracy and equality together, but the European tradition (British Labour, Russian and Eastern European Marxists, and Northern European social democrats) saw formal equality—equality before the law—as a means of obtaining economic equality. The American model, in contrast, adopted formal equality while setting aside the goal of economic equality. The Pursuit of Equality in the West argues that the United States and European models were compatible with industrial-age democracy, but neither suffices in the face of today’s technological revolution. Opposing both atomization and the obsolete myths of the collective, Schiavone thinks equality anew, proposing a model founded on neither individualism nor the erasure of the individual but rather on the universality of the impersonal human, which coexists with the sea of differences that makes each of us unique.
Download or read book A History of Law in Canada Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago
Download or read book The Oxford International Encyclopedia of Legal History written by Stanley Nider Katz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford International Encyclopedia of Legal History is a comprehensive, international, interdisciplinary reference work that includes approximately 1,000 articles on all aspects of legal history throughout the world from ancient to modern times. Articles deal with private law, public law, and constitutional/higher law throughout the world and are written and signed by one of the many noteworthy contributors, which include major scholars and experts. For years, scholars have been investigating the remote origins of their respective national and religious law. Only recently has there been a developing interest in and study of the history of law in modern times. This encyclopedia will bring together the study of ancient law with the study of modern law-examining statutes and administrative rulings as well as judicial decisions, legislatures, agencies, and courts. The Encyclopedia will cover ancient, medieval, early modern, and modern law in eight legal traditions and geographical/cultural areas: Ancient Greek Law, Ancient Roman Law, Chinese Law, English Common Law, Islamic Law, Medieval Roman Law, United States Law, and law in other regions (Africa, Latin America, and South Asia among them). It will address major categories of law within these traditions, including private law (contract, tort, civil procedure), varieties of public law (criminal law, administrative law, statutory law), and higher law/ constitutional law. It will be the first encyclopedia of law to provide historical and contemporary comparisons of world legal systems. - Publisher.
Download or read book The Color of Law A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Download or read book The Criminalization of Abortion in the West written by Wolfgang Müller and published by Cornell University Press. This book was released on 2012-06-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
Download or read book The Twelve Tables written by Anonymous and published by Good Press. This book was released on 2019-12-05 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.
Download or read book The Rule of Laws written by Fernanda Pirie and published by Basic Books. This book was released on 2021-11-09 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
Download or read book How the Scots Invented the Modern World written by Arthur Herman and published by Crown. This book was released on 2007-12-18 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exciting account of the origins of the modern world Who formed the first literate society? Who invented our modern ideas of democracy and free market capitalism? The Scots. As historian and author Arthur Herman reveals, in the eighteenth and nineteenth centuries Scotland made crucial contributions to science, philosophy, literature, education, medicine, commerce, and politics—contributions that have formed and nurtured the modern West ever since. Herman has charted a fascinating journey across the centuries of Scottish history. Here is the untold story of how John Knox and the Church of Scotland laid the foundation for our modern idea of democracy; how the Scottish Enlightenment helped to inspire both the American Revolution and the U.S. Constitution; and how thousands of Scottish immigrants left their homes to create the American frontier, the Australian outback, and the British Empire in India and Hong Kong. How the Scots Invented the Modern World reveals how Scottish genius for creating the basic ideas and institutions of modern life stamped the lives of a series of remarkable historical figures, from James Watt and Adam Smith to Andrew Carnegie and Arthur Conan Doyle, and how Scottish heroes continue to inspire our contemporary culture, from William “Braveheart” Wallace to James Bond. And no one who takes this incredible historical trek will ever view the Scots—or the modern West—in the same way again.
Download or read book U S History written by P. Scott Corbett and published by . This book was released on 2024-09-10 with total page 1886 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. History is designed to meet the scope and sequence requirements of most introductory courses. The text provides a balanced approach to U.S. history, considering the people, events, and ideas that have shaped the United States from both the top down (politics, economics, diplomacy) and bottom up (eyewitness accounts, lived experience). U.S. History covers key forces that form the American experience, with particular attention to issues of race, class, and gender.
Download or read book Why the West Rules For Now written by Ian Morris and published by McClelland & Stewart. This book was released on 2011-01-14 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does the West rule? In this magnum opus, eminent Stanford polymath Ian Morris answers this provocative question, drawing on 50,000 years of history, archeology, and the methods of social science, to make sense of when, how, and why the paths of development differed in the East and West — and what this portends for the 21st century. There are two broad schools of thought on why the West rules. Proponents of "Long-Term Lock-In" theories such as Jared Diamond suggest that from time immemorial, some critical factor — geography, climate, or culture perhaps — made East and West unalterably different, and determined that the industrial revolution would happen in the West and push it further ahead of the East. But the East led the West between 500 and 1600, so this development can't have been inevitable; and so proponents of "Short-Term Accident" theories argue that Western rule was a temporary aberration that is now coming to an end, with Japan, China, and India resuming their rightful places on the world stage. However, as the West led for 9,000 of the previous 10,000 years, it wasn't just a temporary aberration. So, if we want to know why the West rules, we need a whole new theory. Ian Morris, boldly entering the turf of Jared Diamond and Niall Ferguson, provides the broader approach that is necessary, combining the textual historian's focus on context, the anthropological archaeologist's awareness of the deep past, and the social scientist's comparative methods to make sense of the past, present, and future — in a way no one has ever done before.
Download or read book Why America Needs a Left written by Eli Zaretsky and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today cries out for a robust, self-respecting, intellectually sophisticated left, yet the very idea of a left appears to have been discredited. In this brilliant new book, Eli Zaretsky rethinks the idea by examining three key moments in American history: the Civil War, the New Deal and the range of New Left movements in the 1960s and after including the civil rights movement, the women's movement and gay liberation.In each period, he argues, the active involvement of the left - especially its critical interaction with mainstream liberalism - proved indispensable. American liberalism, as represented by the Democratic Party, is necessarily spineless and ineffective without a left. Correspondingly, without a strong liberal center, the left becomes sectarian, authoritarian, and worse. Written in an accessible way for the general reader and the undergraduate student, this book provides a fresh perspective on American politics and political history. It has often been said that the idea of a left originated in the French Revolution and is distinctively European; Zaretsky argues, by contrast, that America has always had a vibrant and powerful left. And he shows that in those critical moments when the country returns to itself, it is on its left/liberal bases that it comes to feel most at home.
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History of English Law Before the Time of Edward I written by Frederick Pollock and published by . This book was released on 1899 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Patriot s History of the United States written by Larry Schweikart and published by Penguin. This book was released on 2004-12-29 with total page 1373 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past three decades, many history professors have allowed their biases to distort the way America’s past is taught. These intellectuals have searched for instances of racism, sexism, and bigotry in our history while downplaying the greatness of America’s patriots and the achievements of “dead white men.” As a result, more emphasis is placed on Harriet Tubman than on George Washington; more about the internment of Japanese Americans during World War II than about D-Day or Iwo Jima; more on the dangers we faced from Joseph McCarthy than those we faced from Josef Stalin. A Patriot’s History of the United States corrects those doctrinaire biases. In this groundbreaking book, America’s discovery, founding, and development are reexamined with an appreciation for the elements of public virtue, personal liberty, and private property that make this nation uniquely successful. This book offers a long-overdue acknowledgment of America’s true and proud history.
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
