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Author: Francesca Iurlaro
Publisher: Oxford University Press
ISBN: 0192897950
Category : Customary law
Languages : en
Pages : 305
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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 : Customary law
Languages : en
Pages : 305
Get Book
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
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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 : 302
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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: Jessica Helfand
Publisher: Yale University Press
ISBN: 0300205090
Category : Design
Languages : en
Pages : 228
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Book Description
A compelling defense for the importance of design and how it shapes our behavior, our emotions, and our lives Design has always prided itself on being relevant to the world it serves, but interest in design was once limited to a small community of design professionals. Today, books on "design thinking" are best sellers, and computer and Web-based tools have expanded the definition of who practices design. Looking at objects, letterforms, experiences, and even theatrical performances, award-winning author Jessica Helfand asserts that understanding design's purpose is more crucial than ever. Design is meaningful not because it is pretty but because it is an intrinsically humanist discipline, tethered to the very core of why we exist. For example, as designers collaborate with developing nations on everything from more affordable lawn mowers to cleaner drinking water, they must take into consideration the full range of a given community's complex social needs. Advancing a conversation that is unfolding around the globe, Helfand offers an eye-opening look at how designed things make us feel as well as how--and why--they motivate our behavior.
Author: Hironori Asakura
Publisher: World Customs Organization
ISBN: 2874920215
Category : Customs administration
Languages : en
Pages : 156
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Book Description
Author: Gautham Rao
Publisher: University of Chicago Press
ISBN: 022636707X
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
Epilogue: Charleston, 1832 -- Abbreviations -- Notes -- Index
Author: Siep Stuurman
Publisher: Harvard University Press
ISBN: 0674977513
Category : History
Languages : en
Pages : 672
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Book Description
For much of history, strangers were seen as barbarians, seldom as fellow human beings. The notion of common humanity had to be invented. Drawing on global thinkers, Siep Stuurman traces ideas of equality and difference across continents and civilizations, from antiquity to present-day debates about human rights and the “clash of civilizations.”
Author: June Starr
Publisher: Cornell University Press
ISBN: 1501723324
Category : Law
Languages : en
Pages : 390
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Book Description
Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :
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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.
