Studies in History and Jurisprudence, Vol. 1

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Author: James Bryce

Publisher: Jazzybee Verlag

ISBN: 3849650154

Category: Law

Page: 656

View: 5240

This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume one out of two.

Studies in History and Jurisprudence, Vol. 2

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Author: James Bryce

Publisher: Jazzybee Verlag

ISBN: 3849650162

Category: Law

Page: 632

View: 3872

This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.

Studies in History and Jurisprudence;

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Author: James Bryce Bryce

Publisher: Wentworth Press

ISBN: 9780469262133

Category: History

Page: 468

View: 7944

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Politicians, Diplomacy and War in Modern British History

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Author: Keith Robbins

Publisher: A&C Black

ISBN: 082646047X

Category: History

Page: 320

View: 4647

The aspirations of democracy and the requirements of diplomacy have always coexisted uneasily. The politicians discussed in this book, in particular the appreciation of the careers of John Bright and James Bryce, reflect obliquely or directly on the problems of politicians who seek the 'high moral ground' either in domestic or international politics. There is also a discussion of the relationship between politicians and the press, as well as of the difficult link between cultural and political assumptions on the one hand and the facts of economic performance on the other.

Private Law and the Rule of Law

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Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 9480

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Anarchy and the Law

The Political Economy of Choice

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Author: Edward P. Stringham

Publisher: Transaction Publishers

ISBN: 1412808901

Category: Political Science

Page: 712

View: 6203

Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders. Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.

Montesquieu and the Philosophy of Natural Law

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Author: Mark H. Waddicor

Publisher: Springer Science & Business Media

ISBN: 9401032386

Category: Philosophy

Page: 228

View: 8922

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.

The Constitutional State

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Author: N. W. Barber

Publisher: OUP Oxford

ISBN: 0191637254

Category: Law

Page: 224

View: 5496

The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

Habermas and the Public Sphere

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Author: Craig J. Calhoun

Publisher: MIT Press

ISBN: 9780262531146

Category: Philosophy

Page: 498

View: 1265

Table of Contents Preface 1 Introduction: Habermas and the Public Sphere 1 2 Practical Discourse: On the Relation of Morality to Politics 51 3 Models of Public Space: Hannah Arendt, the Liberal Tradition, and Jurgen Habermas 73 4 The Public Sphere: Models and Boundaries 99 5 Rethinking the Public Sphere: A Contribution to the Critique of Actually Existing Democracy 109 6 Was There Ever a Public Sphere? If So, When? Reflections on the American Case 143 7 Political Theory and Historical Analysis 164 8 Defining the Public Sphere in Eighteenth-Century France: Variations on a Theme by Habermas 181 9 Religion, Science, and Printing in the Public Spheres in Seventeenth-Century England 212 10 Habermas, History, and Critical Theory 236 11 Gender and Public Access: Women's Politics in Nineteenth-Century America 259 12 Nations, Publics, and Political Cultures: Placing Habermas in the Nineteenth Century 289 13 The Pragmatic Ends of Popular Politics 340 14 The Media and the Public Sphere 359 15 The Mass Public and the Mass Subject 377 16 Textuality, Mediation, and Public Discourse 402 17 Further Reflections on the Public Sphere 421 18 Concluding Remarks 462 Contributors 481 Index 485.

Jurisprudence and Theology

In Late Ancient and Medieval Jewish Thought

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Author: Joseph E. David

Publisher: Springer

ISBN: 331906584X

Category: Law

Page: 182

View: 9992

The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century

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Author: Michael H. Hoeflich

Publisher: University of Georgia Press

ISBN: 9780820318394

Category: Law

Page: 207

View: 5236

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

Studies in the History of Educational Theory Vol 2

The Minds and the Masses, 1760-1980

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Author: G H Bantock

Publisher: Routledge

ISBN: 1136591206

Category: Education

Page: 4

View: 462

This volume completes G H Bantock’s comprehensive study of educational thought, and its relationship to the broad development of European culture, from the time of the Renaissance to the present day. During the period under consideration, the new freedom from dogma and hierarchy allowed for the emergence of a large number of models of education intended to accommodate the autonomous personality and at the same time to meet the demand for educational expansion. The need to educate ‘the masses’ was increasingly recognized, and the dilemma posed by ‘mass civilisation and minority culture’ became acute as ‘liberal’ autonomy was increasingly threatened by new egalitarian and collectivist notions. The author considers the work of key theorists from the period, including such writers as Coleridge, Nietzsche and Tolstoy, all relatively neglected as educationists.

Studies in the History of Educational Theory

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Author: Geoffrey Herman Bantock

Publisher: Routledge

ISBN: 0415689074

Category: Education

Page: 374

View: 5699

This volume completes G H Bantock's comprehensive study of educational thought, and its relationship to the broad development of European culture, from the time of the Renaissance to the present day. During the period under consideration, the new freedom from dogma and hierarchy allowed for the emergence of a large number of models of education intended to accommodate the autonomous personality and at the same time to meet the demand for educational expansion. The need to educate 'the masses' was increasingly recognized, and the dilemma posed by 'mass civilisation and minority culture' became acute as 'liberal' autonomy was increasingly threatened by new egalitarian and collectivist notions. The author considers the work of key theorists from the period, including such writers as Coleridge, Nietzsche and Tolstoy, all relatively neglected as educationists.

Interpretation and Jurisprudence in Medieval Islam

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Author: Norman Calder

Publisher: Ashgate Publishing

ISBN: 9780754659037

Category: History

Page: 410

View: 9093

At the time of his death in 1998, at the age of 47, Norman Calder had become the most widely-discussed scholar in his field. The present volume of twenty-one of his articles and book chapters represents the full richness and diversity of Calder's oeuvre, from his initial doctoral research on Shii Islam to his later more philosophical writings on Sunni hermeneutics, in addition to his numerous studies on early Islamic history and jurisprudence. Many of the articles in this volume have already become classics for the fields of Muslim jurisprudence and hermeneutics.