Download or read book The Lawful Revolution written by István Deák and published by Weidenfeld & Nicolson. This book was released on 2001 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hungary's War of Independence was the bloodiest conflict of a European revolutionary era. It excited nationalist passions that have not yet been stilled. The principal actor of the drama was the nobleman, Louis Kossuth. The story of the revolution of 1848, Hungary's most important historic event, is told here in terms of the towering personality of Louis Kossuth. In the spring of that year, Kossuth and his fellow noblemen seized the opportunity presented by the European revolutions to legally restore the sovereignty of the country under the Habsburg Crown. They also introduced many administrative, social and economic reforms. The goals of the reformers however ran into the opposition of the Habsburg Court, the new liberal Austrian government and the non-Magyar peoples of Hungary who feared Hungarian nationalism. In the ensuing war the country was led by Kossuth. The Hungarians lost the war and, in August 1849, Kossuth fled, never to return to his homeland. Louis Kossuth was a forceful, powerful governor-president of Hungary, the people's spokesman and hero but also the symbol of much that they considered calamitous in the national character. At once dynamic and forceful, but also hesitant and weak - he made great provisions for the wounded, veterans, women and orphans but also squandered the lives of his soldiers unnecessarily. He emancipated the peasants and the Jews and, though he died an impoverished exile, he remained a popular idol in Hungary, his name a symbol of the aspiration for independence. His legend grew with the years and was further cultivated after 1945, when Hungary had lost much of the independence for which Kossuth struggled.
Download or read book Five Legal Revolutions Since the 17th Century written by Jean-Louis Halpérin and published by Springer. This book was released on 2014-07-22 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
Download or read book The Purse and the Sword written by Daniel Friedmann and published by Oxford University Press. This book was released on 2016 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.
Download or read book The Rights of Nature written by David R. Boyd and published by ECW Press. This book was released on 17-09-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.
Download or read book Law as Reproduction and Revolution written by Yves Dezalay and published by Univ of California Press. This book was released on 2021-09-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.
Download or read book Adjudicating Revolution written by Kay, Richard S. and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Download or read book Vanished by the Danube written by Charles Farkas and published by State University of New York Press. This book was released on 2013-06-20 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany's invasion of Hungary in 1944 marked the end of a culture that had dominated Central Europe from the nineteenth century to the middle of the twentieth. In this poignant memoir, Charles Farkas offers a testament to this vanished way of life—its society, morality, personal integrity, wealth, traditions, and chivalry—as well as an eyewitness account of its destruction, begun at the hands of the Nazis and then completed under the heel of Soviet Communism. Farkas's recollections of growing up in Budapest, a city whose grandeur embraced—indeed spanned—the Danube River; his vivid descriptions of everyday life in Hungary before, during, and after World War II; and his ultimate flight to freedom in the United States remind us that behind the larger historical events of the past century are the stories of the individual men and women who endured and, ultimately, survived them.
Download or read book Law and Revolution written by Nimer Sultany and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Download or read book Critical Theory of Legal Revolutions written by Hauke Brunkhorst and published by Bloomsbury Publishing USA. This book was released on 2014-06-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.
Download or read book After the Rights Revolution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 1998-10-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Download or read book Against the Profit Motive written by Nicholas R. Parrillo and published by Yale University Press. This book was released on 2013-10-22 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's "for-profit" past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers-by banishing the profit motive in favor of the salary-transformed that relationship forever.
Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Download or read book The American Counter Revolution in Favor of Liberty written by Ivan Jankovic and published by Springer. This book was released on 2018-12-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the case that the origins of American liberty should not be sought in the constitutional-reformist feats of its “statesmen” during the 1780s, but rather in the political and social resistance to their efforts. There were two revolutions occurring in the late 18th century America: the modern European revolution “in favour of government,” pursuing national unity, “energetic” government and centralization of power (what scholars usually dub “American founding”); and a conservative, reactionary counter-revolution “in favour of liberty,” defending local rights and liberal individualism against the encroaching political authority. This is a book about this liberal counter-revolution and its ideological, political and cultural sources and central protagonists. The central analytical argument of the book is that America before the Revolution was a stateless, spontaneous political order that evolved culturally, politically and economically in isolation from the modern European trends of state-building and centralization of power. The book argues, then, that a better model for understanding America is a “decoupled modernization” hypothesis, in which social modernity is divested from the politics of modern state and tied with the pre-modern social institutions.
Download or read book The Glorious Revolution and the Continuity of Law written by Richard S. Kay and published by CUA Press. This book was released on 2014-11-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Download or read book The Old Regime and the Revolution written by Alexis de Tocqueville and published by . This book was released on 1856 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
