The Law of Recognition (French)

The Law of Recognition (French) PDF Author: Murdock
Publisher:
ISBN: 9781563943119
Category :
Languages : en
Pages :

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The Law of Recognition (French)

The Law of Recognition (French) PDF Author: Murdock
Publisher:
ISBN: 9781563943119
Category :
Languages : en
Pages :

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Book Description


The international law of recognition

The international law of recognition PDF Author: Ti-Chiang Chen
Publisher: Рипол Классик
ISBN: 5875231823
Category : History
Languages : en
Pages : 487

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The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution PDF Author: Matthew Adler
Publisher: Oxford University Press
ISBN: 0190208740
Category : Law
Languages : en
Pages : 412

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Book Description
The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

The Institutes of the Law of Nations

The Institutes of the Law of Nations PDF Author: James Lorimer
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 654

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The Institutes of the Law of Nations. A Treatise of the Jural Relations of Separate Political Communities

The Institutes of the Law of Nations. A Treatise of the Jural Relations of Separate Political Communities PDF Author: James Lorimer
Publisher: BoD – Books on Demand
ISBN: 3385350174
Category : Fiction
Languages : en
Pages : 474

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Book Description
Reprint of the original, first published in 1883.

Statehood and the Law of Self-Determination

Statehood and the Law of Self-Determination PDF Author: D. Rai*c
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041118905
Category : Political Science
Languages : en
Pages : 524

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Book Description
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.

Recognition of Belligerency and the Law of Armed Conflict

Recognition of Belligerency and the Law of Armed Conflict PDF Author: Robert McLaughlin
Publisher: Oxford University Press
ISBN: 0197507069
Category : Law
Languages : en
Pages : 400

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Book Description
Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions--most particularly in relation to the concepts of international and non-international armed conflict--the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars," in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.

The Law of Nations and the United States Constitution

The Law of Nations and the United States Constitution PDF Author: Anthony J. Bellia (Jr)
Publisher: Oxford University Press
ISBN: 019984125X
Category : Law
Languages : en
Pages : 321

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Book Description
The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states

The Law of Nations in Global History

The Law of Nations in Global History PDF Author: C. H. Alexandrowicz
Publisher: Oxford University Press
ISBN: 0191078646
Category : Law
Languages : en
Pages : 466

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Book Description
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

The Law of Kinship

The Law of Kinship PDF Author: Camille Robcis
Publisher: Cornell University Press
ISBN: 0801468396
Category : History
Languages : en
Pages : 319

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Book Description
In France as elsewhere in recent years, legislative debates over single-parent households, same-sex unions, new reproductive technologies, transsexuality, and other challenges to long-held assumptions about the structure of family and kinship relations have been deeply divisive. What strikes many as uniquely French, however, is the extent to which many of these discussions—whether in legislative chambers, courtrooms, or the mass media—have been conducted in the frequently abstract vocabularies of anthropology and psychoanalysis. In this highly original book, Camille Robcis seeks to explain why and how academic discourses on kinship have intersected and overlapped with political debates on the family—and on the nature of French republicanism itself. She focuses on the theories of Claude Lévi-Strauss and Jacques Lacan, both of whom highlighted the interdependence of the sexual and the social by positing a direct correlation between kinship and socialization. Robcis traces how their ideas gained recognition not only from French social scientists but also from legislators and politicians who relied on some of the most obscure and difficult concepts of structuralism to enact a series of laws concerning the family. Lévi-Strauss and Lacan constructed the heterosexual family as a universal trope for social and psychic integration, and this understanding of the family at the root of intersubjectivity coincided with the role that the family has played in modern French law and public policy. The Law of Kinship contributes to larger conversations about the particularities of French political culture, the nature of sexual difference, and the problem of reading and interpretation in intellectual history.