The Reign of Law
The Reign of Law

Author: Paul W. Kahn

Publisher: Yale University Press

Published: 1997-01-01

Total Pages: 324

ISBN-13: 9780300083927

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This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault. Starting from Thomas Paine's observation that "in America, law is king," Paul Kahn asks: What are the elements of our belief in the rule of law? And what are the rhetorical techniques by which the courts maintain this belief? Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison - still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events. This contest continues today in the conflicting demands we make for a politics that preserves the past yet celebrates popular innovation.

Crime and Punishment in Latin America
Crime and Punishment in Latin America

Author: Ricardo D. Salvatore

Publisher: Duke University Press

Published: 2001-09-20

Total Pages: 484

ISBN-13: 9780822327448

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DIVEssays in collection argue that Latin American legal institutions were both mechanisms of social control and unique arenas for ordinary people to contest government policies and resist exploitation./div

The Transformation of Liberalism in Late Nineteenth-Century Mexico
The Transformation of Liberalism in Late Nineteenth-Century Mexico

Author: Charles A. Hale

Publisher: Princeton University Press

Published: 2014-07-14

Total Pages: 304

ISBN-13: 1400863228

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A leading intellectual historian of Latin America here examines the changing political ideas of the Mexican intellectual and quasi-governmental elite during the period of ideological consensus from the victory of Benito Juárez of 1867 into the 1890s. Looking at Mexican political thought in a comparative Western context, Charles Hale fully describes how triumphant liberalism was transformed by its encounter with the philosophy of positivism. In so doing, he challenges the prevailing tendency to divide Mexican thought into liberal and positivist stages. The political impact of positivism in Mexico began in 1878, when the "new" or "conservative" liberals enunciated the doctrine of "scientific politics" in the newspaper La Libertad. Hale probes the intellectual origins of scientific politics in the ideas of Henri de Saint-Simon and Auguste Comte, and he discusses the contemporary models of the movement the conservative republics of France and Spain. Drawing on the debates between advocates of scientific politics and defenders of the Constitution of 1857 in its pure form, he argues that the La Libertad group of 1878 and their heirs, the Cientificos of 1893, were constitutionalists in the liberal tradition and not merely apologists for the authoritarian regime of Porfirio Díaz. Hale concludes by outlining the legacy of scientific politics for post-revolutionary Mexico, particularly in the present-day efforts to inject "democracy" into the political system. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Republic of Capital
Republic of Capital

Author: Jeremy Adelman

Publisher: Stanford University Press

Published: 2002-07-02

Total Pages: 392

ISBN-13: 080476414X

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This book is a political history of economic life. Through a description of the convulsions of long-term change from colony to republic in Buenos Aires, Republic of Capital explores Atlantic world transformations in the eighteenth and nineteenth centuries. Tracing the transition from colonial Natural Law to instrumental legal understandings of property, the book shows that the developments of constitutionalism and property law were more than coincidences: the polity shaped the rituals and practices arbitrating economic justice, while the crisis of property animated the support for a centralized and executive-dominated state. In dialectical fashion, politics shaped private law while the effort to formalize the domain of property directed the course of political struggles. In studying the legal and political foundations of Argentine capitalism, the author shows how merchants and capitalists coped with massive political upheaval and how political writers and intellectuals sought to forge a model of liberal republicanism. Among the topics examined are the transformation of commercial law, the evolution of liberal political credos, and the saga of political and constitutional turmoil after the collapse of Spanish authority. By the end of the nineteenth century, statemakers, capitalists, and liberal intellectuals settled on a model of political economy that aimed for open markets but closed the polity to widespread participation. The author concludes by exploring the long-term consequences of nineteenth-century statehood for the following century's efforts to promote sustained economic growth and democratize the political arena, and argues that many of Argentina's recent problems can be traced back to the framework and foundations of Argentine statehood in the nineteenth century.