What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
Jon L. Saari defines the generation of educated Chinese born around the turn of the twentieth century as "the last to have the world of Confucian learning etched into their memories as schoolboys, yet the first as a group to confront the intrusive Western world." The legacies of growing up in a changing environment deeply affected this generation's responses to the further changes in the world they confronted as adults. In the collapse of the Ch'ing dynasty and the chaos of the early twentieth century, traditional ideas of the self, the nature of relationships in society, and ethical behavior had to be reexamined and redefined. To reconstruct what those who lived through and shaped this extraordinary period felt, needed, thought, and became as children and adults, Saari draws on autobiographical writings and his own interviews among the elderly on Taiwan and Hong Kong. He interprets this material within its Chinese context but brings Western sociological, anthropological, and psychological insights to bear on it.
This book is a revised version of the doctoral thesis I presented to the School of Oriental and African Studies, University of London, in 1977. It is basically an attempt to study the religious, cultural and political significance of Buddhism in late Ch'ing intellectual thought through an examination of the writings of a few influential figures like liang Ch'i-ch'ao, K'ang Yu-wei, Chang Ping-lin, and particularly T'an Ssu-t'ung. My findings reveal that Buddhism came to play a part in these reformers' thought as a result of several factors: the rekindled interest in Buddhism brought about through the efforts of laymen such as Yang Wen-hui, the need to find a counter-balance to Christianity, the search for a new unifying ideology for China as Confucianism crumbled before the challenge from the West, and the immense potentiality of Buddhism to cater for the intellectuals' diverse cultural and political purposes. The masterpiece of T'an Ssu-t'ung, entitled An Exposition of Benevolence (Jen-hsiieh), is chosen here to exemplify the use of Buddhism in late Ch'ing political thought. Buddhism not only served as the all-embracing school of his eclectic synthesis, it also formed the foundation of the major concepts in the treatise, and was closely related to his radical thinking.
Reducing residential segregation is the best way to reduce racial inequality in the United States. African American employment rates, earnings, test scores, even longevity all improve sharply as residential integration increases. Yet far too many participants in our policy and political conversations have come to believe that the battle to integrate America’s cities cannot be won. Richard Sander, Yana Kucheva, and Jonathan Zasloff write that the pessimism surrounding desegregation in housing arises from an inadequate understanding of how segregation has evolved and how policy interventions have already set many metropolitan areas on the path to integration. Scholars have debated for decades whether America’s fair housing laws are effective. Moving toward Integration provides the most definitive account to date of how those laws were shaped and implemented and why they had a much larger impact in some parts of the country than others. It uses fresh evidence and better analytic tools to show when factors like exclusionary zoning and income differences between blacks and whites pose substantial obstacles to broad integration, and when they do not. Through its interdisciplinary approach and use of rich new data sources, Moving toward Integration offers the first comprehensive analysis of American housing segregation. It explains why racial segregation has been resilient even in an increasingly diverse and tolerant society, and it demonstrates how public policy can align with demographic trends to achieve broad housing integration within a generation.
Researching and writing its history has always been one of the tasks of the university, particularly on the occasion of anniversary celebrations. Through case studies of Prague (1848, 1948), Oslo (1911), Cluj (from 1919), Leipzig (2009) and Trondheim (2010), this book shows the continuity of the close relationship between jubilees and university historiography and the impact of this interaction on the jubilee publications and academic heritage. Up to today, historians are faced with the challenge of finding a balance between an engaged, celebratory approach and a more distant, academically critical one. In its third part, the book aims to go beyond the jubilee and presents three other ways of writing university history, by focusing on the university as an educational institution. Contributors are: Thomas Brandt, Pieter Dhondt, Marek Ďurčanský, Jonas Flöter, Jorunn Sem Fure, Trude Maurer, Emmanuelle Picard, Ana-Maria Stan and Johan Östling.
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Judaism and Modernity: Philosophical Essays challenges the philosophical presentation of Judaism as the sublime 'other' of modernity. Here, Gillian Rose develops a philosophical alternative to deconstruction and post-modernism by critically re-engaging the social and political issues at stake in every reconstruction.
A New Critical Approach to the History of Palestine discusses prospects and methods for a comprehensive, evidence-based history of Palestine with a critical use of recent historical, archaeological and anthropological methods. This history is not an exclusive history but one that is ethnically and culturally inclusive, a history of and for all peoples who have lived in Palestine. After an introductory essay offering a strategy for creating coherence and continuity from the earliest beginnings to the present, the volume presents twenty articles from twenty-two contributors, fifteen of whom are of Middle Eastern origin or relation. Split thematically into four parts, the volume discusses ideology, national identity and chronology in various historiographies of Palestine, and the legacy of memory and oral history; the transient character of ethnicity in Palestine and questions regarding the ethical responsibilities of archaeologists and historians to protect the multi-ethnic cultural heritage of Palestine; landscape and memory, and the values of community archaeology and bio-archaeology; and an exploration of the “ideology of the land” and its influence on Palestine’s history and heritage. The first in a series of books under the auspices of the Palestine History and Heritage Project (PaHH), the volume offers a challenging new departure for writing the history of Palestine and Israel throughout the ages. A New Critical Approach to the History of Palestine explores the diverse history of the region against the backdrop of twentieth-century scholarly construction of the history of Palestine as a history of a Jewish homeland with roots in an ancient, biblical Israel and examines the implications of this ancient and recent history for archaeology and cultural heritage. The book offers a fascinating new perspective for students and academics in the fields of anthropological, political, cultural and biblical history.