the invention of law in the west

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The Invention Of Law In The West

Author : Aldo Schiavone
ISBN : 0674047338
Genre : History
File Size : 78. 60 MB
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Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity. The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidationâe"an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around itâe"formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.

The American Indian In Western Legal Thought

Author : Robert A. Williams
ISBN : 9780195080025
Genre : History
File Size : 60. 28 MB
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In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of h̀eathens' and ìnfidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of s̀avage' and b̀arbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.--

Inventing The Individual

Author : Larry Siedentop
ISBN : 9780674417533
Genre : Political Science
File Size : 55. 90 MB
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Here, in a grand narrative spanning 1,800 years of European history, a distinguished political philosopher firmly rejects Western liberalism’s usual account of itself: its emergence in opposition to religion in the early modern era. Larry Siedentop argues instead that liberal thought is, in its underlying assumptions, the offspring of the Church.

The Criminalization Of Abortion In The West

Author : Wolfgang P. Müller
ISBN : 9780801464621
Genre : Social Science
File Size : 74. 24 MB
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Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

Savage Anxieties

Author : Robert A. Williams, Jr.
ISBN : 9781137116079
Genre : History
File Size : 50. 41 MB
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From one of the world's leading experts on Native American law and indigenous peoples' human rights comes an original and striking intellectual history of the tribe and Western civilization that sheds new light on how we understand ourselves and our contemporary society. Throughout the centuries, conquest, war, and unspeakable acts of violence and dispossession have all been justified by citing civilization's opposition to these differences represented by the tribe. Robert Williams, award winning author, legal scholar, and member of the Lumbee Indian Tribe, proposes a wide-ranging reexamination of the history of the Western world, told from the perspective of civilization's war on tribalism as a way of life. Williams shows us how what we thought we knew about the rise of Western civilization over the tribe is in dire need of reappraisal.

East West Street

Author : Philippe Sands
ISBN : 9780385350723
Genre : History
File Size : 49. 79 MB
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A profound and profoundly important book—a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of “genocide” and “crimes against humanity,” both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, “the little Paris of Ukraine,” a city variously called Lemberg, Lwów, Lvov, or Lviv. The book opens with the author being invited to give a lecture on genocide and crimes against humanity at Lviv University. Sands accepted the invitation with the intent of learning about the extraordinary city with its rich cultural and intellectual life, home to his maternal grandfather, a Galician Jew who had been born there a century before and who’d moved to Vienna at the outbreak of the First World War, married, had a child (the author’s mother), and who then had moved to Paris after the German annexation of Austria in 1938. It was a life that had been shrouded in secrecy, with many questions not to be asked and fewer answers offered if they were. As the author uncovered, clue by clue, the deliberately obscured story of his grandfather’s mysterious life, and of his mother’s journey as a child surviving Nazi occupation, Sands searched further into the history of the city of Lemberg and realized that his own field of humanitarian law had been forged by two men—Rafael Lemkin and Hersch Lauterpacht—each of whom had studied law at Lviv University in the city of his grandfather’s birth, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world. In this extraordinary and resonant book, Sands looks at who these two very private men were, and at how and why, coming from similar Jewish backgrounds and the same city, studying at the same university, each developed the theory he did, showing how each man dedicated this period of his life to having his legal concept—“genocide” and “crimes against humanity”—as a centerpiece for the prosecution of Nazi war criminals. And the author writes of a third man, Hans Frank, Hitler’s personal lawyer, a Nazi from the earliest days who had destroyed so many lives, friend of Richard Strauss, collector of paintings by Leonardo da Vinci. Frank oversaw the ghetto in Lemberg in Poland in August 1942, in which the entire large Jewish population of the area had been confined on penalty of death. Frank, who was instrumental in the construction of concentration camps nearby and, weeks after becoming governor general of Nazi-occupied Poland, ordered the transfer of 133,000 men, women, and children to the death camps. Sands brilliantly writes of how all three men came together, in October 1945 in Nuremberg—Rafael Lemkin; Hersch Lauterpacht; and in the dock at the Palace of Justice, with the twenty other defendants of the Nazi high command, prisoner number 7, Hans Frank, who had overseen the extermination of more than a million Jews of Galicia and Lemberg, among them, the families of the author’s grandfather as well as those of Lemkin and Lauterpacht. A book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder. Powerful; moving; tender; a revelation.

Civilization

Author : Niall Ferguson
ISBN : 9781101548028
Genre : History
File Size : 74. 26 MB
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Western civilization’s rise to global dominance is the single most important historical phenomenon of the past five centuries. How did the West overtake its Eastern rivals? And has the zenith of Western power now passed? Acclaimed historian Niall Ferguson argues that beginning in the fifteenth century, the West developed six powerful new concepts, or “killer applications”—competition, science, the rule of law, modern medicine, consumerism, and the work ethic—that the Rest lacked, allowing it to surge past all other competitors. Yet now, Ferguson shows how the Rest have downloaded the killer apps the West once monopolized, while the West has literally lost faith in itself. Chronicling the rise and fall of empires alongside clashes (and fusions) of civilizations, Civilization: The West and the Rest recasts world history with force and wit. Boldly argued and teeming with memorable characters, this is Ferguson at his very best. From the Trade Paperback edition.

The Clash Of Empires

Author : Lydia He. LIU
ISBN : 9780674040298
Genre : History
File Size : 68. 59 MB
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The History Of Development

Author : Gilbert Rist
ISBN : 9781783600250
Genre : Business & Economics
File Size : 71. 96 MB
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In this classic text, now in its fourth edition, Gilbert Rist provides a complete and powerful overview of what the idea of development has meant throughout history. He traces it from its origins in the Western view of history, through the early stages of the world system, the rise of US hegemony, and the supposed triumph of third-worldism, through to new concerns about the environment and globalization. In a new chapter on post-development models and ecological dimensions, written against a background of world crisis and ideological disarray, Rist considers possible ways forward and brings the book completely up to date. Throughout, he argues persuasively that development has been no more than a collective delusion, which in reality has resulted only in widening market relations, whatever the intentions of its advocates.

The Invention Of Religion In Japan

Author : Jason Ananda Josephson
ISBN : 9780226412351
Genre : Religion
File Size : 36. 28 MB
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Throughout its long history, Japan had no concept of what we call “religion.” There was no corresponding Japanese word, nor anything close to its meaning. But when American warships appeared off the coast of Japan in 1853 and forced the Japanese government to sign treaties demanding, among other things, freedom of religion, the country had to contend with this Western idea. In this book, Jason Ananda Josephson reveals how Japanese officials invented religion in Japan and traces the sweeping intellectual, legal, and cultural changes that followed. More than a tale of oppression or hegemony, Josephson’s account demonstrates that the process of articulating religion offered the Japanese state a valuable opportunity. In addition to carving out space for belief in Christianity and certain forms of Buddhism, Japanese officials excluded Shinto from the category. Instead, they enshrined it as a national ideology while relegating the popular practices of indigenous shamans and female mediums to the category of “superstitions”—and thus beyond the sphere of tolerance. Josephson argues that the invention of religion in Japan was a politically charged, boundary-drawing exercise that not only extensively reclassified the inherited materials of Buddhism, Confucianism, and Shinto to lasting effect, but also reshaped, in subtle but significant ways, our own formulation of the concept of religion today. This ambitious and wide-ranging book contributes an important perspective to broader debates on the nature of religion, the secular, science, and superstition.

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