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Author: Paolo Amorosa
Publisher:
ISBN: 0198849370
Category : Law
Languages : en
Pages : 369
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Book Description
In the interwar years, James Brown Scott wrote a series of works on the history international law, arguing that the foundation of modern international law rested with the 16th century Spanish theologian Francisco de Vitoria. This book describes the Spanish origin project in context, and explores its impact on international law as we know it today.
Author: Paolo Amorosa
Publisher:
ISBN: 0198849370
Category : Law
Languages : en
Pages : 369
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Book Description
In the interwar years, James Brown Scott wrote a series of works on the history international law, arguing that the foundation of modern international law rested with the 16th century Spanish theologian Francisco de Vitoria. This book describes the Spanish origin project in context, and explores its impact on international law as we know it today.
Author: Agatha Verdebout
Publisher: Cambridge University Press
ISBN: 1108952135
Category : Law
Languages : en
Pages : 746
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Book Description
It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.
Author:
Publisher: BRILL
ISBN: 9004461809
Category : Law
Languages : en
Pages : 513
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Book Description
What are the implications of writing the history of legal issues? Eighteen authors from different legal systems and backgrounds offer different answers, by examining the history writing on issues ranging from slavery over the use of force to extraterritorial jurisdiction. Contributions show how historiography has often distorted or neglected regional cultures and suggest alternative methods and approaches to history writing. These studies are highly relevant for current international relations in which the fight over master narratives is especially fierce among governments, in different academic fields, and also between governments and academics. Contributors are: Jean d'Aspremont, Julia Bühner, Emiliano J.Buis, Maria Adele Carrai, Jacob Katz Cogan, Ríán Derrig, Angelo Dube, Michel Erpelding, Etienne Henry, Madeleine Herren, Randall Lesaffer, Anne-Charlotte Martineau, Parvathi Menon, Momchil Milanov, Hirofumi Oguri, Gustavo Prieto, Hendrik Simon, Sebastian Spitra, and Deborah Whitehall.
Author: Diana T. Kudaibergenova
Publisher: Lexington Books
ISBN: 1498528309
Category : History
Languages : en
Pages : 259
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Book Description
*Shortlisted for the 2018 Book Award in Social Sciences of the Central Eurasian Studies Society* Rewriting the Nation in Modern Kazakh Literature is a book about cultural transformations and trajectories of national imagination in modern Kazakhstan. The book is a much-needed critical introduction and a comprehensive survey of the Kazakh literary production and cultural discourses on the nation in the twentieth and twenty first centuries. In the absence of viable and open forums for discussion and in the turbulent moments of postcolonial and cultural transformation under the Soviets, the Kazakh writers and intellectuals widely engaged with the national identity, heritage and genealogy construction in literature. This active process of national canon construction and its constant re-writing throughout the twentieth century will inform the readers of the complex processes of cultural transformations in forms, genres and texts as well as demonstrating the genealogical development of the national narrative. The main focus of this book is on the cultural production of the nation. The focus is on the narratives of historical continuities produced in the literature and cultural discontinuities and inter-elite competition which inform such production. The development of Kazakh literary production is an extremely interesting yet underrepresented field of study. Since the late nineteenth century it saw a rapid transformation from the traditional oral to print literature. This brought an unprecedented shift in genres and texts production as well as a rapid growth of the ‘writing’ class – urban colonial and first generations of Soviet intelligentsia. Kazakh literary production became the flagman of republic’s rapid cultural modernization and prior to the World War II local publishing industry produced up to 6 million print copies a year. By the 1960s and 1970s – the golden era of Kazakh literature, the most read literary journal Juldyz sold 50,000 copies all over the country. Literature became the mass provider of knowledge about the past, the present and of the future of the country. Because “Kazakh readers were hungry to find out about their pre-Soviet past and its national glory” national writers competed in genres, styles and ways to write out the nation in prose, poems, essays and historical novels.
Author: Uma Chakravarti
Publisher: Zubaan
ISBN: 9383074639
Category : Biography & Autobiography
Languages : en
Pages : 431
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Book Description
In this classic study of Pandita Ramabai's life, Uma Chakravarti brings to light one of the foremost thinkers of nineteenth-century India and one of its earliest feminists. A scholar and an eloquent speaker, Ramabai was no stranger to controversy. Her critique of Brahminical patriarchy was in sharp contrast to Annie Besant, who championed the cause of Hindu society. And in an act seen by contemporary Hindu society as a betrayal not only of her religion but of her nation, Ramabai – herself a high-caste Hindu widow – chose to convert to Christianity. Chakravarti's book stands out as one of the most important critiques of gender and power relations in colonial India, with particular emphasis on issues of class and caste. Published by Zubaan.
Author: Daniel Lee
Publisher: Oxford University Press
ISBN: 0191072044
Category : Law
Languages : en
Pages : 339
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Book Description
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Author: Francesca Iurlaro
Publisher: Oxford University Press
ISBN: 0192652826
Category : Law
Languages : en
Pages : 485
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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: Don Herzog
Publisher: Yale University Press
ISBN: 0300252870
Category : Political Science
Languages : en
Pages : 316
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Book Description
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
Author: Eugene L. Rogan
Publisher: Cambridge University Press
ISBN: 9780521794763
Category : History
Languages : en
Pages : 262
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Book Description
The Arab-Israeli conflict is one of the most intense and intractable international conflicts of modern times. This book is about the historical roots of that conflict. It re-examines the history of 1948, the war in which the newly-born state of Israel defeated the Palestinians and the regular Arab armies of the neighbouring states so decisively. The book includes chapters on all the principal participants, on the reasons for the Palestinian exodus, and on the political and moral consequences of the war. The chapters are written by leading Arab, Israeli and western scholars who draw on primary sources in all relevant languages to offer alternative interpretations and new insights into this defining moment in Middle East history. The result is a major contribution to the literature on the 1948 war. It will command a wide audience from among students and general readers with an interest in the region.
Author: Hugo Grotius
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 374
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Book Description
