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.

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 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.

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.

Legal Histories of the British Empire

Legal Histories of the British Empire Author Shaunnagh Dorsett
ISBN-10 9781317915744
Year 2014-04-24
Pages 270
Language en
Publisher Routledge
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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.

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.

Native Claims

Native Claims Author Saliha Belmessous
ISBN-10 9780199794904
Year 2011-10-20
Pages 256
Language en
Publisher Oxford University Press
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This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.

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.

Queer Theory Law Culture Empire

Queer Theory  Law  Culture  Empire Author Robert Leckey
ISBN-10 9781135147884
Year 2010-06-10
Pages 240
Language en
Publisher Routledge
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Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.

The Making of Indian Secularism

The Making of Indian Secularism Author N. Chatterjee
ISBN-10 9780230298088
Year 2011-01-26
Pages 337
Language en
Publisher Springer
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A unique study of how a deeply religious country like India acquired the laws and policies of a secular state, highlighting the contradictory effects of British imperial policies, the complex role played by Indian Christians, and how this highly divided community shaped its own identity and debated that of their new nation.