Law s Empire

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

Exploring Law s Empire

Exploring Law s Empire Author Scott Hershovitz
ISBN-10 9780191021657
Year 2006-09-28
Pages 352
Language en
Publisher OUP Oxford
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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.

Women and the Law in the Roman Empire

Women and the Law in the Roman Empire Author Judith Evans Grubbs
ISBN-10 0415152402
Year 2002
Pages 349
Language en
Publisher Psychology Press
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It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood. The main focus is on the major legal texts (the Digest, the Institutes of Gaius, the Code of Justinian and the Theodosian Code), but a significant number of non-legal documentary sources are included. These are particularly important as they illustrate how the law worked in practice, and how this practice (particularly in the provinces) could differ from the letter of the law. Accessible English translations are enhanced by clear, concise background material, which includes useful explanation of historical and geographical context, and a helpful glossary of Roman legal and administrative terms completes the volume.

Law and Empire

Law and Empire Author
ISBN-10 9789004249516
Year 2013-08-15
Pages 360
Language en
Publisher BRILL
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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.

Freedom s Law

Freedom s Law Author Ronald Dworkin
ISBN-10 0198265573
Year 1999
Pages 427
Language en
Publisher
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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.

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
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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).

Law in the Crisis of Empire 379 455 AD

Law in the Crisis of Empire  379 455 AD Author Tony Honoré
ISBN-10 0198260784
Year 1998
Pages 320
Language en
Publisher Oxford University Press
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This is a new book from an eminent and well-respected scholar. A work of reference; an essay in the analysis of style; a contribution to the prosopography of the late Roman quaestorship; a reflection on the fall of the western and the survival of the eastern Roman empire: the book combines all four. Using his innovative and controversial method of analysis, already successfully employed in his highly-acclaimed Emperors and Lawyers (2nd edn 1994, OUP), the author examines the lawsof a crucial period of the late Roman empire (379-455 AD), a time when the West collapsed while the East survived. Wherever possible, he assigns each law to the likely imperial quaestor who drafted it. This approach yields a novel type of list of office holder (Fasti), in which each quaestor is associated with the laws he drafted. The author shows why the eastern Theodosian Code (429-438 AD), intended to restore the legal and administrative unity of the Roman empire, came too late to save theWest. The accompanying Palingenesia on an accompanying disk will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced. This book will be welcomed as a significant advance in our understanding of a fascinating period of late antiquity.

Taking Rights Seriously

Taking Rights Seriously Author Ronald Dworkin
ISBN-10 9781780938332
Year 2013-10-21
Pages 448
Language en
Publisher A&C Black
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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.

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
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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.

A Search for Sovereignty

A Search for Sovereignty Author Lauren Benton
ISBN-10 0521707439
Year 2009-11-30
Pages 358
Language en
Publisher Cambridge University Press
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A Search for Sovereignty maps a new approach to 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 original study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

A Matter of Principle

A Matter of Principle Author Ronald Dworkin
ISBN-10 0674554612
Year 1985
Pages 425
Language en
Publisher Harvard University Press
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Essays examine the political basis of law, legal interpretation, economic factors in law, reverse discrimination, and censorship