Law as Reproduction and Revolution
Law as Reproduction and Revolution

Author: Yves Dezalay

Publisher: Univ of California Press

Published: 2021-09-28

Total Pages: 250

ISBN-13: 0520382714

DOWNLOAD EBOOK

Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.

The Glorious Revolution and the Continuity of Law
The Glorious Revolution and the Continuity of Law

Author: Richard S. Kay

Publisher: CUA Press

Published: 2014-11-10

Total Pages: 320

ISBN-13: 0813226872

DOWNLOAD EBOOK

The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

Law and Revolution
Law and Revolution

Author: Harold J. Berman

Publisher: Belknap Press

Published: 1983-09-30

Total Pages: 676

ISBN-13:

DOWNLOAD EBOOK

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

Revolution by Law
Revolution by Law

Author: Brian K. Landsberg

Publisher: University Press of Kansas

Published: 2022-07-10

Total Pages: 256

ISBN-13: 0700633200

DOWNLOAD EBOOK

The landmark Brown v. Board of Education case was the start of a long period of desegregation, but Brown did not give a roadmap for how to achieve this lofty goal—it only provided the destination. In the years that followed, the path toward the fulfillment of this vision for school integration was worked out in the courts through the efforts of the NAACP Legal Defense organization and the Civil Rights Division of the US Department of Justice. One of the major cases on this path was Lee v. Macon County Board of Education (1967). Revolution by Law traces the growth of Lee v. Macon County from a case to desegregate a single school district in rural Alabama to a decision that paved the way for ending state-imposed racial segregation of the schools in the Deep South. Author Brian Landsberg began his career as a young attorney working for the Civil Rights Division of the DOJ in 1964, the year after the lawsuit that would lead to the Lee decision was filed. As someone personally involved in the legal struggle for civil rights, Landsberg writes with first-hand knowledge of the case. His carefully researched study of this important case argues that private plaintiffs, the executive branch, the federal courts, and eventually Congress each played important roles in transforming the South from the most segregated to the least segregated region of the United States. The Lee case played a central role in dismantling Alabama’s official racial caste system, and the decision became the model both for other statewide school desegregation cases and for cases challenging conditions in prisons and institutions for mentally ill people. Revolution by Law gives readers a deep understanding of the methods used by the federal government to desegregate the schools of the Deep South.

Law and Revolution
Law and Revolution

Author: Harold J. Berman

Publisher: Harvard University Press

Published: 1985-01-01

Total Pages: 418

ISBN-13: 0674252470

DOWNLOAD EBOOK

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

The American Revolution In The Law
The American Revolution In The Law

Author: Shannon C. Stimson

Publisher: Springer

Published: 1990-06-18

Total Pages: 237

ISBN-13: 1349100560

DOWNLOAD EBOOK

This study of the political and legal thought of the American Revolution and founding period explores the differences in the perceptions of judicial and jural power that characterized the conditions of law in late 18th century America, as compared to her British counterparts.

Order and Law
Order and Law

Author: Charles Fried

Publisher: Touchstone

Published: 1991

Total Pages: 260

ISBN-13: 9780671755775

DOWNLOAD EBOOK

As Reagan's solicitor general, Fried selected and argued cases involving some of the most important legal battles in our time: abortion, flag burning, civil rights, and capital punishment. In this provocative and lively memoir, he gives an inside look at how these controversial cases were part of the larger Reagan judicial revolution.