Author: Francesca Iurlaro Publisher: Oxford University Press ISBN: 0192897950 Category : Customary law Languages : en Pages : 305
Book Description
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Author: Francesca Iurlaro Publisher: Oxford University Press ISBN: 0192652826 Category : Law Languages : en Pages : 486
Book Description
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Author: Eric Hobsbawm Publisher: Cambridge University Press ISBN: 9780521437738 Category : History Languages : en Pages : 332
Book Description
This book explores examples of this process of invention and addresses the complex interaction of past and present in a fascinating study of ritual and symbolism.
Author: Marie Seong-Hak Kim Publisher: Oxford University Press ISBN: 0192845497 Category : History Languages : en Pages : 302
Book Description
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Author: E. P. Thompson Publisher: New Press/ORIM ISBN: 1620972166 Category : Social Science Languages : en Pages : 558
Book Description
The “meticulously researched, elegantly argued and deeply humane” sequel to the landmark volume of social history, The Making of the English Working Class (The New York Times Book Review). This remarkable study investigates the gradual disappearance of a range of cultural customs against the backdrop of the great upheavals of the eighteenth century. As villagers were subjected to a legal system increasingly hostile to custom, they tried both to resist and to preserve tradition, becoming, as E. P. Thompson explains, “rebellious, but rebellious in defense of custom.” Although some historians have written of riotous peasants of England and Wales as if they were mainly a problem for magistrates and governments, for Thompson it is the rulers, landowners, and governments who were a problem for the people, whose exuberant culture preceded the formation of working-class institutions and consciousness. Essential reading for all those intrigued by English history, Customs in Common has a special relevance today, as traditional economies are being replaced by market economies throughout the world. The rich scholarship and depth of insight in Thompson’s work offer many clues to understanding contemporary changes around the globe. “[This] long-awaited collection . . . is a signal contribution . . . [from] the person most responsible for inspiring the revival of American labor history during the past thirty years.” —The Nation “This book signals the return to historical writing of one of the most eloquent, powerful and independent voices of our time. At his best he is capable of a passionate, sardonic eloquence which is unequalled.” —The Observer
Author: Steven Caney Publisher: ISBN: 9780894800764 Category : Inventions Languages : en Pages : 0
Book Description
A project book for the would-be inventor with activities, a list of "contraptions" in need of invention, and the stories behind thirty-six existing inventions.
Author: Li Shi Publisher: DeepLogic ISBN: Category : History Languages : en Pages : 187
Book Description
The book is the volume of “The Customs History in Remote Antiquity Period and The Three Dynasties (Xia, Shang and Zhou Dynasty)” among a series of books of “Deep into China Histories”. The earliest known written records of the history of China date from as early as 1250 BC, from the Shang dynasty (c. 1600–1046 BC) and the Bamboo Annals (296 BC) describe a Xia dynasty (c. 2070–1600 BC) before the Shang, but no writing is known from the period The Shang ruled in the Yellow River valley, which is commonly held to be the cradle of Chinese civilization. However, Neolithic civilizations originated at various cultural centers along both the Yellow River and Yangtze River. These Yellow River and Yangtze civilizations arose millennia before the Shang. With thousands of years of continuous history, China is one of the world's oldest civilizations, and is regarded as one of the cradles of civilization.The Zhou dynasty (1046–256 BC) supplanted the Shang and introduced the concept of the Mandate of Heaven to justify their rule. The central Zhou government began to weaken due to external and internal pressures in the 8th century BC, and the country eventually splintered into smaller states during the Spring and Autumn period. These states became independent and warred with one another in the following Warring States period. Much of traditional Chinese culture, literature and philosophy first developed during those troubled times.In 221 BC Qin Shi Huang conquered the various warring states and created for himself the title of Huangdi or "emperor" of the Qin, marking the beginning of imperial China. However, the oppressive government fell soon after his death, and was supplanted by the longer-lived Han dynasty (206 BC – 220 AD). Successive dynasties developed bureaucratic systems that enabled the emperor to control vast territories directly. In the 21 centuries from 206 BC until AD 1912, routine administrative tasks were handled by a special elite of scholar-officials. Young men, well-versed in calligraphy, history, literature, and philosophy, were carefully selected through difficult government examinations. China's last dynasty was the Qing (1644–1912), which was replaced by the Republic of China in 1912, and in the mainland by the People's Republic of China in 1949.Chinese history has alternated between periods of political unity and peace, and periods of war and failed statehood – the most recent being the Chinese Civil War (1927–1949). China was occasionally dominated by steppe peoples, most of whom were eventually assimilated into the Han Chinese culture and population. Between eras of multiple kingdoms and warlordism, Chinese dynasties have ruled parts or all of China; in some eras control stretched as far as Xinjiang and Tibet, as at present. Traditional culture, and influences from other parts of Asia and the Western world (carried by waves of immigration, cultural assimilation, expansion, and foreign contact), form the basis of the modern culture of China.
Author: David J. Bederman Publisher: Cambridge University Press ISBN: 1139493663 Category : Law Languages : en Pages :
Book Description
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Author: Francesca Iurlaro
Author: Francesca Iurlaro
Author: Hironori Asakura
Author: Eric Hobsbawm
Author: Marie Seong-Hak Kim
Author: E. P. Thompson
Author: Steven Caney
Author: Li Shi
Author: David J. Bederman
Author: Robert Freke Gould