Law After Revolution
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Law And Revolution
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Author : Nimer Sultany
language : en
Publisher: Oxford University Press
Release Date : 2017
Law And Revolution written by Nimer Sultany and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with History categories.
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Law After Revolution
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Author : William Elliott Butler
language : en
Publisher:
Release Date : 1988
Law After Revolution written by William Elliott Butler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language , in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the intense legal positivist era during which he was writing.
Five Legal Revolutions Since The 17th Century
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Author : Jean-Louis Halpérin
language : en
Publisher: Springer
Release Date : 2014-07-22
Five Legal Revolutions Since The 17th Century written by Jean-Louis Halpérin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-22 with Law categories.
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.
Major Differences Between French Law Before The French Revolution And French Law After The French Revolution
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Author : Fabian Sachs
language : en
Publisher: GRIN Verlag
Release Date : 2014-02-14
Major Differences Between French Law Before The French Revolution And French Law After The French Revolution written by Fabian Sachs and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-14 with Law categories.
Essay from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,7, University Pierre-Mendès-France (Faculté de droit Grenoble), course: Historical Introduction to French Law, Certificate in French Law, language: English, abstract: Der Autor gibt einen kurzen Überblick über den Absolutismus, deren Funktionen, der Staatstheorie, die Rechte der Bürger in jener Zeit, sowie eine kurze Abhandlung über die Zeit nach der Französischen Revolution, insb. in Bezug auf den Code Napoleon. The topic of this essay is, to point out what are the major differences between French law before and after the French Revolution. According to the limit of words there will be a short overview of the time regarding to the Absolutism. Therefore there will be some explanations about the function of Absolutism, the state theory, the rights for citizens according to that time as well as an overview about the situation after the French revolution- especially the Code Napoleon. Attached there are some figures to the separation of power from the Absolutism.
Victims Perpetrators And The Role Of Law In Maoist China
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Author : Daniel Leese
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-06-25
Victims Perpetrators And The Role Of Law In Maoist China written by Daniel Leese and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with History categories.
The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”
After The Rights Revolution
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 1990
After The Rights Revolution written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Revolutions In International Law
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Author : Kathryn Greenman
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Revolutions In International Law written by Kathryn Greenman 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 2021-02-18 with Law categories.
The 1917 October Revolution and the revolutionary Mexican Constitution shook the foundations of international law. This collection revisits their legacies.
Five Legal Revolutions Since The 17th Century
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Author : Jean-Louis Halperin
language : en
Publisher:
Release Date : 2014-08-31
Five Legal Revolutions Since The 17th Century written by Jean-Louis Halperin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-31 with categories.
International Law And Revolution
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Author : Owen Taylor
language : en
Publisher: Routledge
Release Date : 2019-05-23
International Law And Revolution written by Owen Taylor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with Law categories.
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.
Law And Public Choice
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Author : Daniel A. Farber
language : en
Publisher: University of Chicago Press
Release Date : 2010-07-15
Law And Public Choice written by Daniel A. Farber and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Law categories.
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School