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Law in American Meetinghouses: Church Discipline and Civil Authority in Kentucky, 1780–1845
by Jeffrey Thomas PerryA revealing look at the changing role of churches in the decades after the American Revolution.Most Americans today would not think of their local church as a site for arbitration and would probably be hesitant to bring their property disputes, moral failings, or personal squabbles to their kin and neighbors for judgment. But from the Revolutionary Era through the mid-nineteenth century, many Protestants imbued local churches with immense authority. Through their ritual practice of discipline, churches insisted that brethren refrain from suing each other before "infidels" at local courts and claimed jurisdiction over a range of disputes: not only moral issues such as swearing, drunkenness, and adultery but also matters more typically considered to be under the purview of common law and courts of equity, including disputes over trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary Americans—Black and white, enslaved and free—understood and created law in their local communities, uncovering a vibrant marketplace of authority in which church meetinghouses played a central role in maintaining their neighborhoods' social peace. Churches were once prominent sites for the creation of local law and in this period were a primary arena in which civil and religious authority collided and shaped one another. When church discipline failed, the wronged parties often pushed back, and their responses highlight the various forces that ultimately hindered that venue's ability to effectively arbitrate disputes between members. Relying primarily on a deep reading of church records and civil case files, Perry examines how legal transformations, an expanding market economy, and religious controversy led churchgoers to reimagine their congregations' authority. By the 1830s, unable to resolve doctrinal quibbles within the fellowship, church factions turned to state courts to secure control over their meetinghouses, often demanding that judges wade into messy ecclesiastical disputes. Tracking changes in disciplinary rigor in Kentucky Baptist churches from that state's frontier period through 1845, and looking beyond statutes and court decrees, Law in American Meetinghouses is a fresh take on church-state relations. Ultimately, it highlights an oft-forgotten way that Americans subtly repositioned religious institutions alongside state authority.
Law in Conflict: The Judicialization of Mining Disputes in Peru (Soziale Bewegung und Protest #13)
by Angela LindtPeru's industrial mining sector is highly conflictual and characterized by social disputes. Many of these conflicts are fought not only in politics but also in the courts, as activists attempt to hold corporate and state actors liable for human rights violations. At the same time, they face an increasing criminalization of their protests. Law is thus both an emancipatory tool for activists to access justice and an instrument for political and economic elites to prevent social change. Based on ethnographic field work, Angela Lindt sheds light on various mining disputes in Cajamarca and Piura and examines the role of law in resolving these conflicts.
Law in Diplomacy
by Percy Ellwood CorbettIn this lively and informative volume Professor Corbett examines the role of law in the relations of nations, focusing on American, British, and Russian diplomacy. In case studies from 1585 to 1958 he considers the reasons why nations appeal to universal norms, traces the growth of a distinct body of rules appropriate to intergovernmental affairs, and assesses the influence of legal notions on foreign policy.Originally published in 1959.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Law in Everyday Life (The Amherst Series In Law, Jurisprudence, And Social Thought)
by Austin Sarat Thomas R. Kearns"Sarat and Kearns . . . have edited a truly marvelous work on the impact of the law on daily life and vice versa. . . . the essays are all exemplary, thought- provoking works worthy of a long, contemplative read by scholars, lawyers, and judges alike." --Choice "The subject of law in everyday life is timely in theory and in practice. The essays collected here are stimulating for the very different ways in which they reconfigure the meanings of 'the law' as cultural practice, and 'the everyday' as a cultural domain in which the state expresses a range of interests and engagements. Readers looking for an introduction to this topic will come away from the book with a clear sense of the varied voices and modes of inquiry now involved in sociolegal studies, and what distinguishes them. More experienced readers will appreciate the book's meticulous reconsideration of the instrumentalities, agencies, and constructedness of law." --Carol Greenhouse, Indiana University Contributors include David Engel, Hendrik Hartog, Thomas R. Kearns, David Kennedy, Catharine MacKinnon, George Marcus, Austin Sarat, and Patricia Williams. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
Law in the Age of Pluralism
by Andrei MarmorLaw in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
Law in the Time of Oxymora: A Synaesthesia of Language, Logic and Law (Juris Diversitas)
by Rostam J. NeuwirthWhat do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of "hard cases" featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life.
Law in the Time of Oxymora: A Synaesthesia of Language, Logic and Law (Juris Diversitas)
by Rostam J. NeuwirthWhat do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of "hard cases" featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life.
The Law in War: A Concise Overview (PDF)
by Geoffrey Corn Ken Watkin Jamie WilliamsonThis book provides a comprehensive yet concise overview of the law that regulates armed hostilities between States, and between States and non-State groups. The text explains the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and account ability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. This book is an ideal companion for students studying international humani - tarian law and military and civilian attorneys engaged in humanitarian law practice, as well as an excellent introduction for students and practitioners of public international law and international relations.
Law, Insecurity and Risk Control: Neo-Liberal Governance and the Populist Revolt (Crime Prevention and Security Management)
by John PrattThis book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
Law, Institution and Legal Politics: Fundamental Problems of Legal Theory and Social Philosophy (Law and Philosophy Library #14)
by Ota WeinbergerIt gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Law, Labour and the Humanities: Contemporary European Perspectives
by Tiziano Toracca Angela CondelloThe ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.
Law, Labour and the Humanities: Contemporary European Perspectives
by Tiziano Toracca Angela CondelloThe ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.
Law, Lawyering and Legal Education: Building an Ethical Profession in a Globalizing World (Challenges of Globalisation)
by Charles Sampford Hugh BreakeyOnce a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
Law, Lawyering and Legal Education: Building an Ethical Profession in a Globalizing World (Challenges of Globalisation)
by Charles Sampford Hugh BreakeyOnce a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
Law, Legislation and Liberty: A new statement of the liberal principles of justice and political economy
by F. A. HayekWith a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' – Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking? about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek’s influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the ‘Big Society’. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future.
Law, Legislation and Liberty: A new statement of the liberal principles of justice and political economy
by F. A. HayekWith a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' – Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking? about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek’s influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the ‘Big Society’. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future.
Law, Legislation and Liberty, Volume 1: Rules and Order
by F. A. HayekThis volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Law, Legislation and Liberty, Volume 1: Rules and Order
by F. A. HayekThis volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Law, Legislation and Liberty, Volume 1: Rules and Order
by F. A. HayekThis volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Law, Legislation and Liberty, Volume 1: Rules and Order
by F. A. HayekThis volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.
Law, Legislation, and Liberty, Volume 19 (The Collected Works of F. A. Hayek #19)
by F. A. HayekA new edition of F. A. Hayek’s three-part opus Law, Legislation, and Liberty, collated in a single volume In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview. These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom. Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.
Law, Legislation, and Liberty, Volume 19: A New Statement Of The Liberal Principles Of Justice And Political Economy (The Collected Works of F. A. Hayek #19)
by F. A. HayekA new edition of F. A. Hayek’s three-part opus Law, Legislation, and Liberty, collated in a single volume In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview. These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom. Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.
Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice
by F. A. HayekF. A. Hayek made many valuable contributions to the field of economics as well as to the disciplines of philosophy and politics. This volume represents the second of Hayek's comprehensive three-part study of the relations between law and liberty. Here, Hayek expounds his conviction that he continued unexamined pursuit of "social justice" will contribute to the erosion of personal liberties and encourage the advent of totalitarianism.
Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice
by F. A. HayekF. A. Hayek made many valuable contributions to the field of economics as well as to the disciplines of philosophy and politics. This volume represents the second of Hayek's comprehensive three-part study of the relations between law and liberty. Here, Hayek expounds his conviction that he continued unexamined pursuit of "social justice" will contribute to the erosion of personal liberties and encourage the advent of totalitarianism.
Law, Legislation and Liberty, Volume 2: The Mirage of Social Justice
by F. A. HayekF. A. Hayek made many valuable contributions to the field of economics as well as to the disciplines of philosophy and politics. This volume represents the second of Hayek's comprehensive three-part study of the relations between law and liberty. Here, Hayek expounds his conviction that he continued unexamined pursuit of "social justice" will contribute to the erosion of personal liberties and encourage the advent of totalitarianism.