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: 0192652826
Category : Law
Languages : en
Pages : 486
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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: 0192845497
Category : History
Languages : en
Pages : 302
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Book Description
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
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: 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: 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: 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.
Author: Robert Freke Gould
Publisher:
ISBN:
Category :
Languages : en
Pages : 486
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Book Description
