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Author: Steven Wilf
Publisher: Cambridge University Press
ISBN: 0521196906
Category : History
Languages : en
Pages : 257
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Book Description
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.
Author: Steven Wilf
Publisher: Cambridge University Press
ISBN: 0521196906
Category : History
Languages : en
Pages : 257
Get Book Here
Book Description
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.
Author: Steven Robert Wilf
Publisher:
ISBN: 9780511729867
Category : Law
Languages : en
Pages : 255
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Book Description
Law s Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law s Imagined Republic tells the story of the untidy beginnings of American law.
Author: Plato
Publisher: DigiCat
ISBN:
Category : Political Science
Languages : en
Pages : 573
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Book Description
The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Kevin Olson
Publisher: Cambridge University Press
ISBN: 1107113237
Category : History
Languages : en
Pages : 231
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Book Description
Imagined Sovereignties provokes new ways of imagining popular politics by critically examining the idea of 'the power of the people'.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176
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Book Description
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 0674045270
Category : Law
Languages : en
Pages : 322
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Book Description
In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
Author: Mary Ann Glendon
Publisher: OUP USA
ISBN: 0199782458
Category : Biography & Autobiography
Languages : en
Pages : 276
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Book Description
The relationship between politics and the academy has been fraught with tension and regret - and the occasional brilliant success - since Plato himself. This book examines thinkers who have collaborated with leaders, from ancient Syracuse to the modern White House, in a series of brisk portraits that explore the meeting of theory and reality.
Author: Trish Loughran
Publisher: Columbia University Press
ISBN: 023151123X
Category : History
Languages : en
Pages : 569
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Book Description
"In the beginning, all the world was America." John Locke In the beginning, everything was America, but where did America begin? In many narratives of American nationalism (both popular and academic), the United States begins in print-with the production, dissemination, and consumption of major printed texts like Common Sense , the Declaration of Independence, newspaper debates over ratification, and the Constitution itself. In these narratives, print plays a central role in the emergence of American nationalism, as Americans become Americans through acts of reading that connect them to other like-minded nationals. In The Republic in Print, however, Trish Loughran overturns this master narrative of American origins and offers a radically new history of the early republic and its antebellum aftermath. Combining a materialist history of American nation building with an intellectual history of American federalism, Loughran challenges the idea that print culture created a sense of national connection among different parts of the early American union and instead reveals the early republic as a series of local and regional reading publics with distinct political and geographical identities. Focusing on the years between 1770 and 1870, Loughran develops two richly detailed and provocative arguments. First, she suggests that it was the relative lack of a national infrastructure (rather than the existence of a tightly connected print network) that actually enabled the nation to be imagined in 1776 and ratification to be secured in 1787-88. She then describes how the increasingly connected book market of the 1830s, 1840s, and 1850s unexpectedly exposed cracks in the evolving nation, especially in regards to slavery, exacerbating regional differences in ways that ultimately contributed to secession and civil war. Drawing on a range of literary, historical, and archival materials-from essays, pamphlets, novels, and plays, to engravings, paintings, statues, laws, and maps The Republic in Print provides a refreshingly original cultural history of the American nation-state over the course of its first century.
Author: Frank Lovett
Publisher: Cambridge University Press
ISBN: 1107130646
Category : Law
Languages : en
Pages : 245
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Book Description
Frank Lovett presents a powerful theory of the rule of law and its connection to freedom and social justice.
