The Oxford International Encyclopedia of Legal History
The Oxford International Encyclopedia of Legal History

Author: Stanley Nider Katz

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9780195134056

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The Oxford International Encyclopedia of Legal History is a comprehensive, international, interdisciplinary reference work that includes approximately 1,000 articles on all aspects of legal history throughout the world from ancient to modern times. Articles deal with private law, public law, and constitutional/higher law throughout the world and are written and signed by one of the many noteworthy contributors, which include major scholars and experts. For years, scholars have been investigating the remote origins of their respective national and religious law. Only recently has there been a developing interest in and study of the history of law in modern times. This encyclopedia will bring together the study of ancient law with the study of modern law-examining statutes and administrative rulings as well as judicial decisions, legislatures, agencies, and courts. The Encyclopedia will cover ancient, medieval, early modern, and modern law in eight legal traditions and geographical/cultural areas: Ancient Greek Law, Ancient Roman Law, Chinese Law, English Common Law, Islamic Law, Medieval Roman Law, United States Law, and law in other regions (Africa, Latin America, and South Asia among them). It will address major categories of law within these traditions, including private law (contract, tort, civil procedure), varieties of public law (criminal law, administrative law, statutory law), and higher law/ constitutional law. It will be the first encyclopedia of law to provide historical and contemporary comparisons of world legal systems. - Publisher.

American Catholic
American Catholic

Author: D. G. Hart

Publisher: Cornell University Press

Published: 2020-10-15

Total Pages: 307

ISBN-13: 1501751972

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American Catholic places the rise of the United States' political conservatism in the context of ferment within the Roman Catholic Church. How did Roman Catholics shift from being perceived as un-American to emerging as the most vocal defenders of the United States as the standard bearer in world history for political liberty and economic prosperity? D. G. Hart charts the development of the complex relationship between Roman Catholicism and American conservatism, and shows how these two seemingly antagonistic ideological groups became intertwined in advancing a certain brand of domestic and international politics. Contrary to the standard narrative, Roman Catholics were some of the most assertive political conservatives directly after World War II, and their brand of politics became one of the most influential means by which Roman Catholicism came to terms with American secular society. It did so precisely as bishops determined the church needed to update its teaching about its place in the modern world. Catholics grappled with political conservatism long before the supposed rightward turn at the time of the Roe v. Wade decision in 1973. Hart follows the course of political conservatism from John F. Kennedy, the first and only Roman Catholic president of the United States, to George W. Bush, and describes the evolution of the church and its influence on American politics. By tracing the roots of Roman Catholic politicism in American culture, Hart argues that Roman Catholicism's adaptation to the modern world, whether in the United States or worldwide, was as remarkable as its achievement remains uncertain. In the case of Roman Catholicism, the effects of religion on American politics and political conservatism are indisputable.

Democracy and Distrust
Democracy and Distrust

Author: John Hart Ely

Publisher: Harvard University Press

Published: 1981-08-15

Total Pages: 281

ISBN-13: 0674263294

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This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.