The Lawful Revolution

The Lawful Revolution

Author: István Deák

Publisher: Weidenfeld & Nicolson

Published: 2001

Total Pages: 415

ISBN-13: 9781842121481

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Hungary's War of Independence was the bloodiest conflict of a European revolutionary era. It excited nationalist passions that have not yet been stilled. The principal actor of the drama was the nobleman, Louis Kossuth. The story of the revolution of 1848, Hungary's most important historic event, is told here in terms of the towering personality of Louis Kossuth. In the spring of that year, Kossuth and his fellow noblemen seized the opportunity presented by the European revolutions to legally restore the sovereignty of the country under the Habsburg Crown. They also introduced many administrative, social and economic reforms. The goals of the reformers however ran into the opposition of the Habsburg Court, the new liberal Austrian government and the non-Magyar peoples of Hungary who feared Hungarian nationalism. In the ensuing war the country was led by Kossuth. The Hungarians lost the war and, in August 1849, Kossuth fled, never to return to his homeland. Louis Kossuth was a forceful, powerful governor-president of Hungary, the people's spokesman and hero but also the symbol of much that they considered calamitous in the national character. At once dynamic and forceful, but also hesitant and weak - he made great provisions for the wounded, veterans, women and orphans but also squandered the lives of his soldiers unnecessarily. He emancipated the peasants and the Jews and, though he died an impoverished exile, he remained a popular idol in Hungary, his name a symbol of the aspiration for independence. His legend grew with the years and was further cultivated after 1945, when Hungary had lost much of the independence for which Kossuth struggled.


Five Legal Revolutions Since the 17th Century

Five Legal Revolutions Since the 17th Century

Author: Jean-Louis Halpérin

Publisher: Springer

Published: 2014-07-22

Total Pages: 206

ISBN-13: 3319058886

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This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.


Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Author:

Publisher: BRILL

Published: 2019-12-16

Total Pages: 240

ISBN-13: 9004417354

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The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.


The Rights of Nature

The Rights of Nature

Author: David R. Boyd

Publisher: ECW Press

Published: 17-09-05

Total Pages: 211

ISBN-13: 1770909664

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An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.


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

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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

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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.


Adjudicating Revolution

Adjudicating Revolution

Author: Kay, Richard S.

Publisher: Edward Elgar Publishing

Published: 2022-06-14

Total Pages: 256

ISBN-13: 1788971337

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Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.


The Purse and the Sword

The Purse and the Sword

Author: Daniel Friedmann

Publisher: Oxford University Press

Published: 2016

Total Pages: 417

ISBN-13: 0190278501

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The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.


Against the Profit Motive

Against the Profit Motive

Author: Nicholas R. Parrillo

Publisher: Yale University Press

Published: 2013-10-22

Total Pages: 582

ISBN-13: 0300187300

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In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's "for-profit" past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers-by banishing the profit motive in favor of the salary-transformed that relationship forever.