On the History of the Idea of Law

On the History of the Idea of Law

Author: Shirley Robin Letwin

Publisher: Cambridge University Press

Published: 2005-11-10

Total Pages: 364

ISBN-13: 1139448498

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On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.


The Law of God

The Law of God

Author: Rémi Brague

Publisher: University of Chicago Press

Published: 2020-10-23

Total Pages: 378

ISBN-13: 022680805X

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The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with The Wisdom of the World—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. The Law of God offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, New YorkSun “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—Times Higher Education Supplement


The Concept of Law

The Concept of Law

Author: HLA Hart

Publisher: OUP Oxford

Published: 2012-10-25

Total Pages: 390

ISBN-13: 0191630071

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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.


A Short History of European Law

A Short History of European Law

Author: Tamar Herzog

Publisher: Harvard University Press

Published: 2018-01-08

Total Pages: 297

ISBN-13: 0674980344

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Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law’s fragile malleability.


Law and the Idea of Liberty in Ireland from Magna Carta to the Present

Law and the Idea of Liberty in Ireland from Magna Carta to the Present

Author: Peter Crooks

Publisher:

Published: 2022-12-09

Total Pages: 0

ISBN-13: 9781846827402

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Magna Carta is among the most famous documents in the history of the world, credited with being the first effective check in writing on arbitrary, oppressive and unjust rule - in a word, on tyranny. The fame of Magna Carta spread as England, and later Britain, came to girdle the globe in its power. This volume is the first to examine the importance of Ireland in the story of Magna Carta's dissemination. Four centuries before Magna Carta crossed the Atlantic, it had already been implanted across the Irish Sea. A version of the charter, issued in November 1216 in the name of the boy-king Henry III, was sent to Ireland, where it became fundamental to the English common law tradition in Ireland that survives to the present. This volume - the proceedings of a conference marking the 800th anniversary of the transmission of Magna Carta to Ireland - explores the paradoxes presented by the reception of Magna Carta into Irish law, above all the contested idea of ? ? ? ? liberty' that developed in Ireland. Contributors examine the legal, political and polemical uses to which Magna Carta was put from the thirteenth century onwards, as well as its twentieth- and twentieth-first century invocations as a living presence in contemporary Irish law. The volume also includes a new edition and translation of the Magna Carta Hibernie ('The Great Charter of Ireland') - an adaptation of the 1216 issue of Magna Carta found in the Red Book of the Irish Exchequer, which was destroyed in 1922. Subjects: Irish History; Legal History; Magna Carta; Medieval History].


The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America

Author: Richard Rothstein

Publisher: Liveright Publishing

Published: 2017-05-02

Total Pages: 246

ISBN-13: 1631492861

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New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.


Governing the World

Governing the World

Author: Mark Mazower

Publisher: Penguin

Published: 2013-08-27

Total Pages: 498

ISBN-13: 0143123947

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A majestic narrative reckoning with the forces that have shaped the nature and destiny of the world’s governing institutions The story of global cooperation is a tale of dreamers goading us to find common cause in remedying humanity’s worst problems. But international institutions are also tools for the powers that be to advance their own interests. Mark Mazower’s Governing the World tells the epic, two-hundred-year story of that inevitable tension—the unstable and often surprising alchemy between ideas and power. From the rubble of the Napoleonic empire in the nineteenth century through the birth of the League of Nations and the United Nations in the twentieth century to the dominance of global finance at the turn of the millennium, Mazower masterfully explores the current era of international life as Western dominance wanes and a new global balance of powers emerges.


The Law of Peoples

The Law of Peoples

Author: John Rawls

Publisher: Harvard University Press

Published: 2001-03-02

Total Pages: 208

ISBN-13: 0674266560

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This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).