Rewriting The History Of The Law Of Nations

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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

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Genre : Law
Author : Paolo Amorosa
Publisher : Oxford University Press
Release : 2019-09-25
File : 369 Pages
ISBN-13 : 9780192589040


Portraits Of Women In International Law

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Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

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Genre : Law
Author : Tallgren
Publisher : Oxford University Press
Release : 2023-05-11
File : 561 Pages
ISBN-13 : 9780198868453


Constitutions

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Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence (from Robert Cover to Jacques Derrida), Constitutions makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. Constitutions is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence.

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Genre : Law
Author : Judith Pryor
Publisher : Routledge
Release : 2007-08-09
File : 256 Pages
ISBN-13 : 9781134082926


Sovereignty In China

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This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.

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Genre : Law
Author : Maria Adele Carrai
Publisher : Cambridge University Press
Release : 2019-08
File : 301 Pages
ISBN-13 : 9781108474191


Nonbeliever Nation

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A new group of Americans is challenging the reign of the Religious Right Today, nearly one in five Americans are nonbelievers - a rapidly growing group at a time when traditional Christian churches are dwindling in numbers - and they are flexing their muscles like never before. Yet we still see almost none of them openly serving in elected office, while Mitt Romney, Rick Santorum, and many others continue to loudly proclaim the myth of America as a Christian nation. In Nonbeliever Nation, leading secular advocate David Niose explores what this new force in politics means for the unchallenged dominance of the Religious Right. Hitting on all the hot-button issues that divide the country – from gay marriage to education policy to contentious church-state battles – he shows how this movement is gaining traction, and fighting for its rights. Now, Secular Americans—a group comprised not just of atheists and agnostics, but lapsed Catholics, secular Jews, and millions of others who have walked away from religion—are mobilizing and forming groups all over the country (even atheist clubs in Bible-belt high schools) to challenge the exaltation of religion in American politics and public life. This is a timely and important look at how growing numbers of nonbelievers, disenchanted at how far America has wandered from its secular roots, are emerging to fight for equality and rational public policy.

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Genre : Political Science
Author : David Niose
Publisher : St. Martin's Press
Release : 2012-07-17
File : 271 Pages
ISBN-13 : 9781137055286


Fictions Of The Black Atlantic In American Foundational Literature

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This book is a significant contribution to existing research on the themes of race and slavery in the founding literature of the United States. It extends the boundaries of existing research by locating race and slavery within a transnational and 'oceanic' framework. The author applies critical concepts developed within postcolonial theory to American texts written between the national emergence of the United States and the Civil War, in order to uncover metaphors of the colonial and imperial 'unconscious' in America's foundational writing. The book analyses the writings of canonized authors such as Charles Brockden Brown, James Fenimore Cooper, Edgar Allan Poe, and Herman Melville alongside those of lesser known writers like Olaudah Equiano, Royall Tyler, Frederick Douglass, Martin Delany, and Maxwell Philip, and situates them within the colonial, and 'postcolonial', context of the slave-based economic system of the Black Atlantic. While placing the transatlantic slave trade on the map of American Studies and viewing it in conjunction with American imperial ambitions in the Pacific, Fictions of the Black Atlantic in American Foundational Literature also adds a historical dimension to present discussions about the 'ambivalence' of postcoloniality.

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Genre : Literary Criticism
Author : Gesa Mackenthun
Publisher : Routledge
Release : 2004-08-02
File : 252 Pages
ISBN-13 : 9781134318605


Writing The History Of Slavery

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Exploring the major historiographical, theoretical, and methodological approaches that have shaped studies on slavery, this addition to the Writing History series highlights the varied ways that historians have approached the fluid and complex systems of human bondage, domination, and exploitation that have developed in societies across the world. The first part examines more recent attempts to place slavery in a global context, touching on contexts such as religion, empire, and capitalism. In its second part, the book looks closely at the key themes and methods that emerge as historians reckon with the dynamics of historical slavery. These range from politics, economics and quantitative analyses, to race and gender, to pyschohistory, history from below, and many more. Throughout, examples of slavery and its impact are considered across time and place: in Ancient Greece and Rome, Medieval Europe, colonial Asia, Africa, and the Americas, and trades throughout the Atlantic and Indian Oceans. Also taken into account are thinkers from Antiquity to the 20th century and the impact their ideas have had on the subject and the debates that follow. This book is essential reading for students and scholars at all levels who are interested in not only the history of slavery but in how that history has come to be written and how its debates have been framed across civilizations.

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Genre : History
Author : David Stefan Doddington
Publisher : Bloomsbury Publishing
Release : 2022-01-13
File : 481 Pages
ISBN-13 : 9781474285605


The Nation

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Release : 1885
File : 730 Pages
ISBN-13 : BSB:BSB11520260


The Oxford History Of Historical Writing

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A chronological scholarly survey of the history of historical writing in five volumes. Each volume covers a particular period of time, from the beginning of writing to the present day, and from all over the world.

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Genre : History
Author : Daniel R. Woolf
Publisher : Oxford University Press
Release : 2011-05-05
File : 741 Pages
ISBN-13 : 9780199225996


The Works Of Jonathan Edwards Volume Ii Iii

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Primarily a collection of personal Biblical notes, this book helps us to understand the true heart of Jonathan Edwards. As he went through the process of discovering the truth of God's word he kept meticulous notes so that we could all understand how he made his thoughts and conclusions. This volume finishes with a serious of sermons that Edwards gave at various services and events in his career.

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Genre : History
Author : Jonathan Edwards
Publisher : Lulu.com
Release : 2017-03-29
File : 447 Pages
ISBN-13 : 9781773560342