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Author: Alex Mills Publisher: Cambridge University Press ISBN: 1139479733 Category : Law Languages : en Pages : 463
Book Description
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author: Alex Mills Publisher: Cambridge University Press ISBN: 1139479733 Category : Law Languages : en Pages : 463
Book Description
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author: Anne Twitty Publisher: Cambridge University Press ISBN: 1107112060 Category : Biography & Autobiography Languages : en Pages : 301
Book Description
An analysis of slave and slaveholder understanding and manipulation of formal legal systems in the region known as the American Confluence during the antebellum era.
Author: Tomiko Brown-Nagin Publisher: Oxford University Press ISBN: 0199932018 Category : History Languages : en Pages : 603
Book Description
Offers a sweeping history of the civil rights movement in Atlanta from the end of World War II to 1980, arguing the motivations of the movement were much more complicated than simply a desire for integration.
Author: Ignacio de la Rasilla Publisher: Cambridge University Press ISBN: 1108606520 Category : Law Languages : en Pages : 465
Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Pamela Barmash Publisher: Oxford University Press, USA ISBN: 0197525407 Category : Babylonia Languages : en Pages : 337
Book Description
Among the best-known and most esteemed people known from antiquity is the Babylonian king Hammurabi. His fame and reputation are due to the collection of laws written under his patronage. This book offers a new interpretation of the Laws of Hammurabi. Ancient scribes would demonstrate their legal flair by composing statutes on a set of traditional cases, articulating what they deemed just and fair. The scribe of the Laws of Hammurabi advanced beyond earlier scribesin articulating legal thinking. The tradition that inspired the Laws of Hammurabi continued outside of Mesopotamia. It influenced biblical law and may have shaped Greek and Roman law.
Author: Alan Watson Publisher: University of Georgia Press ISBN: 0820330612 Category : Law Languages : en Pages : 266
Book Description
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Author: James Wise Publisher: Marshall Cavendish International Asia Pte Ltd ISBN: 981521859X Category : Political Science Languages : en Pages : 372
Book Description
Thailand’s 2023 election results energised some Thais and traumatised others. Voters and analysts alike were astonished that a youthful party aiming to transform the country won the most seats, though not a majority. The Move Forward party wanted to de-militarise society and politics, de-centralise government administration, de-monopolise the economy, and curb the ideological, political, and financial power of the monarchy. For decades, Thai politics had revolved around two big questions: Do you support the charismatic Thaksin Shinawatra and his populist Pheu Thai party? Do you support military supervision of politics? Thaksin and the military—once enemies—now had a common foe. Relying on military-appointed senators, they formed a coalition government that pushed Move Forward into the parliamentary opposition. Move Forward’s challenge is to broaden support for its progressive agenda before the next election. That’s a scary prospect for Thaksin and the military because, according to the current constitution, next time they won’t be able to rely on unelected senators to rescue them. The revised edition of this book describes the historical context of these momentous events and trends and shares insights into the social and cultural undercurrents that shape Thai politics. Informed by the latest research, it is an accessible introduction for the general reader, while also offering much to those who want to know more about Thailand’s political dynamics.
Author: Kelly M. Kennington Publisher: University of Georgia Press ISBN: 0820350850 Category : History Languages : en Pages : 311
Book Description
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law—and placing these suits into conversation with similar encounters that arose in appellate cases nationwide—Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Author: Mark Hill Publisher: Cambridge University Press ISBN: 1108135986 Category : Law Languages : en Pages : 621
Book Description
The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.
Author: Alex Mills
Author: Alex Mills
Author: Anne Twitty
Author: Tomiko Brown-Nagin
Author: Stephen Aron
Author: Ignacio de la Rasilla
Author: Pamela Barmash
Author: Alan Watson
Author: James Wise
Author: Kelly M. Kennington
Author: Mark Hill