Law and Revolution, II

Author: Harold Joseph Berman
Publisher: Harvard University Press
ISBN: 9780674020863
Category : History
Languages : en
Pages : 548

Book Description
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.

International Law and Revolution

Author: Owen Taylor
Publisher: Routledge
ISBN: 0429664168
Category : Law
Languages : en
Pages : 314

Book Description
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.

The Glorious Revolution and the Continuity of Law

Author: Richard S. Kay
Publisher: CUA Press
ISBN: 0813226872
Category : History
Languages : en
Pages : 320

Book Description
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

Revolutions in International Law

Author: Kathryn Greenman
Publisher: Cambridge University Press
ISBN: 110885236X
Category : Law
Languages : en
Pages : 445

Book Description
In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

Revolutionary Constitutions

Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 0674238842
Category : Political Science
Languages : en
Pages : 473

Book Description
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

Revolution 2.0

Author: Wael Ghonim
Publisher: Houghton Mifflin Harcourt
ISBN: 0547774044
Category : Biography & Autobiography
Languages : en
Pages : 329

Book Description
The former Google executive and political activist tells the story of the Egyptian revolution he helped ignite through the power of social media. In the summer of 2010, thirty-year-old Google executive Wael Ghonim anonymously launched a Facebook page to protest the death of an Egyptian man at the hands of security forces. The page’s following expanded quickly and moved from online protests to a nonconfrontational movement. On January 25, 2011, Tahrir Square resounded with calls for change. Yet just as the revolution began in earnest, Ghonim was captured and held for twelve days of brutal interrogation. After he was released, he gave a tearful speech on national television, and the protests grew more intense. Four days later, the president of Egypt was gone. In this riveting story, Ghonim takes us inside the movement and shares the keys to unleashing the power of crowds in the age of social networking. “A gripping chronicle of how a fear-frozen society finally topples its oppressors with the help of social media.” —San Francisco Chronicle “Revolution 2.0 excels in chronicling the roiling tension in the months before the uprising, the careful organization required and the momentum it unleashed.” —NPR.org

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828

Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

The Terror of Natural Right

Author: Dan Edelstein
Publisher: University of Chicago Press
ISBN: 0226184404
Category : Literary Criticism
Languages : en
Pages : 351

Book Description
Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.

The Two Cultures

Author: C. P. Snow
Publisher: Cambridge University Press
ISBN: 1107606144
Category : Philosophy
Languages : en
Pages : 193

Book Description
The importance of science and technology and future of education and research are just some of the subjects discussed here.

Collected Works of James Wilson

Author: James Wilson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 786

Book Description
This two-volume set brings together a collection of writings and speeches by James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution. His works had a significant impact on the deliberations that produced the cornerstone documents of American democracy.