Revolution In Law
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Revolution And The Rule Of Law
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Author : Edward Kent
language : en
Publisher: Prentice Hall
Release Date : 1971
Revolution And The Rule Of Law written by Edward Kent and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Social Science categories.
Revolution In Law
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Author : Piers Beirne
language : en
Publisher: M.E. Sharpe
Release Date : 1990
Revolution In Law written by Piers Beirne and has been published by M.E. Sharpe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Juvenile Nonfiction categories.
The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.
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.
Law And Revolution
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Author : Harold J. Berman
language : en
Publisher: Belknap Press
Release Date : 1983-09-30
Law And Revolution written by Harold J. Berman and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-09-30 with Law categories.
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
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.
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.
Revolution And Evolution In Private Law
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Author : Andrew Robertson
language : en
Publisher:
Release Date : 2018
Revolution And Evolution In Private Law written by Andrew Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil law categories.
The Law Revolution
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Author : Melvin M. Belli
language : en
Publisher:
Release Date : 1968
The Law Revolution written by Melvin M. Belli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.
The Glorious Revolution And The Continuity Of Law
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Author : Richard S. Kay
language : en
Publisher: CUA Press
Release Date : 2014-11-10
The Glorious Revolution And The Continuity Of Law written by Richard S. Kay and has been published by CUA Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-10 with History categories.
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.
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.