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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: Francesca Iurlaro
Publisher: Oxford University Press
ISBN: 0192897950
Category : Law
Languages : en
Pages : 305
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Book Description
This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It 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.
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: Hironori Asakura
Publisher: World Customs Organization
ISBN: 2874920215
Category : Customs administration
Languages : en
Pages : 156
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Book Description
Author: Eric Hobsbawm
Publisher: Cambridge University Press
ISBN: 9780521437738
Category : History
Languages : en
Pages : 332
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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: 0192660233
Category : History
Languages : en
Pages : 445
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Book Description
Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.
Author: E. P. Thompson
Publisher: New Press/ORIM
ISBN: 1620972166
Category : Social Science
Languages : en
Pages : 558
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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: Louis-Georges Tin
Publisher: MIT Press
ISBN: 0262305011
Category : History
Languages : en
Pages : 210
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Book Description
The rise of heterosexual culture and the resistance it met from feudal lords, church fathers, and the medical profession. Heterosexuality is celebrated—in film and television, in pop songs and opera, in literature and on greeting cards—and at the same time taken for granted. It is the cultural and sexual norm by default. And yet, as Louis-Georges Tin shows in The Invention of Heterosexual Culture, in premodern Europe heterosexuality was perceived as an alternative culture. The practice of heterosexuality may have been standard, but the symbolic primacy of the heterosexual couple was not. Tin maps the emergence of heterosexual culture in Western Europe and the significant resistance to it from feudal lords, church fathers, and the medical profession. Tin writes that before the phenomenon of "courtly love" in the early twelfth century, the man-woman pairing had not been deemed a subject worthy of more than passing interest. As heterosexuality became a recurrent theme in art and literature, the nobility came to view it as a disruption of the feudal chivalric ethos of virility and male bonding. If feudal lords objected to the "hetero" in heterosexuality and what they saw as the associated dangers of weakness and effeminacy, the church took issue with the “sexuality,” which threatened the Christian ethos of renunciation and divine love. Finally, the medical profession cast heterosexuality as pathology, warning of an epidemic of “lovesickness.” Noting that the discourse of heterosexuality does not belong to heterosexuals alone, Tin offers a groundbreaking history that reasserts the cultural identity of heterosexuality.
Author: Li Shi
Publisher: DeepLogic
ISBN:
Category : History
Languages : en
Pages : 187
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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: Robert Freke Gould
Publisher:
ISBN:
Category :
Languages : en
Pages : 486
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Book Description
Author: Richard Watson
Publisher:
ISBN:
Category : Bible
Languages : en
Pages : 1094
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Book Description
