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

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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A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

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 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: 243

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.

A History of Law in Canada, Volume One
A History of Law in Canada, Volume One

Author: Philip Girard

Publisher: University of Toronto Press

Published: 2018-12-21

Total Pages: 928

ISBN-13: 1487530595

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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Law as a Means to an End
Law as a Means to an End

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

Published: 2006-10-02

Total Pages: 238

ISBN-13: 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

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].