Law s Empire

Law s Empire Author Ronald Dworkin
ISBN-10 0674518365
Year 1986
Pages 470
Language en
Publisher Harvard University Press
DOWNLOAD NOW READ ONLINE

A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity

Law s Empire

Law s Empire Author Ronald Dworkin
ISBN-10 8175342560
Year 2011-11
Pages 470
Language en
Publisher
DOWNLOAD NOW READ ONLINE

In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

Law s Abnegation

Law   s Abnegation Author Adrian Vermeule
ISBN-10 9780674971448
Year 2016-11-14
Pages 208
Language en
Publisher Harvard University Press
DOWNLOAD NOW READ ONLINE

Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Law and Empire

Law and Empire Author
ISBN-10 9789004249516
Year 2013-08-15
Pages 360
Language en
Publisher BRILL
DOWNLOAD NOW READ ONLINE

Law and Empire relates the principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. It shows how legal procedure and legal thinking could be used in strikingly different ways.

Law Language and Empire in the Roman Tradition

Law  Language  and Empire in the Roman Tradition Author Clifford Ando
ISBN-10 9780812204889
Year 2011-09-14
Pages 184
Language en
Publisher University of Pennsylvania Press
DOWNLOAD NOW READ ONLINE

The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.

Legal Histories of the British Empire

Legal Histories of the British Empire Author Shaunnagh Dorsett
ISBN-10 9781317915737
Year 2014-04-24
Pages 270
Language en
Publisher Routledge
DOWNLOAD NOW READ ONLINE

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

Empire of Law and Indian Justice in Colonial Mexico

Empire of Law and Indian Justice in Colonial Mexico Author Brian Philip Owensby
ISBN-10 9780804758635
Year 2008
Pages 379
Language en
Publisher Stanford University Press
DOWNLOAD NOW READ ONLINE

Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).

Exploring Law s Empire

Exploring Law s Empire Author Scott Hershovitz
ISBN-10 0199274355
Year 2006
Pages 328
Language en
Publisher Oxford University Press on Demand
DOWNLOAD NOW READ ONLINE

Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.

A Search for Sovereignty

A Search for Sovereignty Author Lauren Benton
ISBN-10 9781107782716
Year 2009-11-30
Pages
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Freedom s Law

Freedom s Law Author Ronald Dworkin
ISBN-10 0198265573
Year 1999
Pages 427
Language en
Publisher
DOWNLOAD NOW READ ONLINE

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments.He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Taking Rights Seriously

Taking Rights Seriously Author Ronald Dworkin
ISBN-10 9781780936857
Year 2013-10-21
Pages 448
Language en
Publisher A&C Black
DOWNLOAD NOW READ ONLINE

A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

The Hidden History of International Law in the Americas

The Hidden History of International Law in the Americas Author Juan Pablo Scarfi
ISBN-10 9780190622343
Year 2017-04-12
Pages 280
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.

Legal Pluralism and Empires 1500 1850

Legal Pluralism and Empires  1500 1850 Author Richard J. Ross
ISBN-10 9780814771167
Year 2013-07-22
Pages 336
Language en
Publisher NYU Press
DOWNLOAD NOW READ ONLINE

Historians used to imagine empire as an imperial power extending total domination over its colonies. Now, however, they understand empire as a site in which colonies and their constitutions were regulated by legal pluralism: layered and multicentric systems of law, which incorporated or preserved the law of conquered subjects. By placing the study of law in diverse early modern empires under the rubric of legal pluralism, Legal Pluralism and Empires, 1500-1850 offers both legal scholars and historians a much-needed framework for analyzing the complex and fluid legal politics of empires. Contributors analyze how ideas about law moved across vast empires, how imperial agents and imperial subjects used law, and how relationships between local legal practices and global ones played themselves out in the early modern world. The book’s tremendous geographical breadth, including the British, French, Spanish, Ottoman, and Russian empires, gives readers the most comparative examination of legal pluralism to date. Lauren Benton is Professor of History, Affiliated Professor of Law, and Dean of the Graduate School of Arts and Science at New York University. Her books include A Search for Sovereignty: Law and Geography in European Empires, 1400-1900 and Law and Colonial Cultures: Legal Regimes in World History, 1400-1900. Richard J. Ross is Professor of Law and History at the University of Illinois (Urbana/Champaign) and Director of the Symposium on Comparative Early Modern Legal History. With Steven Wilf, he is currently working on a book, entitled: The Beginnings of American Law: A Comparative Study.

Race Rights and Justice

Race  Rights  and Justice Author J. Angelo Corlett
ISBN-10 9781402096525
Year 2009-03-03
Pages 228
Language en
Publisher Springer Science & Business Media
DOWNLOAD NOW READ ONLINE

Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)