Interpretation Of Law In The Age Of Enlightenment
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Interpretation Of Law In The Age Of Enlightenment
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Author : Yasutomo Morigiwa
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-06-29
Interpretation Of Law In The Age Of Enlightenment written by Yasutomo Morigiwa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-29 with Philosophy categories.
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Enlightenment Legal Education And Critique
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Author : John W Cairns
language : en
Publisher: Edinburgh University Press
Release Date : 2015-07-27
Enlightenment Legal Education And Critique written by John W Cairns and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-27 with Law categories.
Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic
Patterns Of Treaty Interpretation As Anti Fragmentation Tools
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Author : Liliana E. Popa
language : en
Publisher: Springer
Release Date : 2017-12-29
Patterns Of Treaty Interpretation As Anti Fragmentation Tools written by Liliana E. Popa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with Law categories.
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Modernisation National Identity And Legal Instrumentalism Vol I Private Law
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Author :
language : en
Publisher: BRILL
Release Date : 2019-12-16
Modernisation National Identity And Legal Instrumentalism Vol I Private Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
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 Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
Common Law And Enlightenment In England 1689 1750
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Author : Julia Rudolph
language : en
Publisher:
Release Date : 2013
Common Law And Enlightenment In England 1689 1750 written by Julia Rudolph and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
Saving The Freedom Of Information Act
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Author : Margaret B. Kwoka
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-14
Saving The Freedom Of Information Act written by Margaret B. Kwoka and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-14 with Law categories.
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
The Origins Of The Criminal Justice System
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Author : Omi Hodwitz
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2025-02-18
The Origins Of The Criminal Justice System written by Omi Hodwitz and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-18 with Social Science categories.
The Origins of the Criminal Justice System: Historical Explorations by the Justice-Involved provides an introduction to the historical roots of modern-day Western systems of justice. The text addresses different aspects of criminal justice, including chapters on police, courts, corrections, and trends in crime and punishment, as well as chapters that examine the relationship between justice practices and select communities defined by gender, age, class, and race. Each chapter begins in Ancient Antiquity before progressing to the Middle Ages, the Renaissance and Age of Enlightenment, and concluding in the Modern Era. Readers are introduced to the social and political factors evident at the time, the structure and function of each era-specific system, and the execution and consequences of early policies and procedures. The book provides an important and detailed examination of the evolution of justice practices, tying these temporal threads to modern systems, and offers the readership the opportunity to observe institutions across the millennia. Whether it is jury trials in Ancient Greece or ordeals in the Dark Ages, the reader is invited to traverse the world of criminal justice practices, replete with eras of inspiration as well as intolerance and cruelty.
The Enlightenment
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Author : John Robertson
language : en
Publisher:
Release Date : 2015
The Enlightenment written by John Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with History categories.
This Very Short Introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.
The Hidden Origins Of The German Enlightenment
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Author : Martin Mulsow
language : en
Publisher: Cambridge University Press
Release Date : 2023-07-13
The Hidden Origins Of The German Enlightenment written by Martin Mulsow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Political Science categories.
The early German Enlightenment is seen as a reform movement that broke free from traditional ties without falling into anti-Christian and extremist positions, on the basis of secular natural law, an anti-metaphysical epistemology, and new social ethics. But how did the works which were radical and critical of religion during this period come about? And how do they relate to the dominant 'moderate' Enlightenment? Martin Mulsow offers fresh and surprising answers to these questions by reconstructing the emergence and dissemination of some of the radical writings created between 1680 and 1720. The Hidden Origins of the German Enlightenment explores the little-known freethinkers, persecuted authors, and secretly circulating manuscripts of the era, applying an interdisciplinary perspective to the German Enlightenment. By engaging with these cross-regional, clandestine texts, a dense and highly original picture emerges of the German early Enlightenment, with its strong links with the experience of the rest of Europe.
The Diplomatic Enlightenment
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Author : Edward Jones Corredera
language : en
Publisher: History of European Political
Release Date : 2021
The Diplomatic Enlightenment written by Edward Jones Corredera and has been published by History of European Political this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Philosophy categories.
"This book reconfigures the study of the origins of the Enlightenment in the Spanish Empire. Challenging dominant interpretations of the period, this book shows that early eighteenth-century Spanish authors turned to Enlightenment ideas to reinvent Spain's role in the European balance of power. And while international law grew to provide a legal framework that could safeguard peace, Spanish officials, diplomats, and authors, hardened by the failure of Spanish diplomacy, sought instead to regulate international relations by drawing on investment, profit, and self-interest. The book shows, on the basis of new archival research, that the Diplomatic Enlightenment sought to turn the Spanish Empire into a space for closer political cooperation with other European and non-European states and empires"--