The Invention Of Custom

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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'.

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Genre : Customary law
Author : Francesca Iurlaro
Publisher : Oxford University Press
Release : 2022-01-22
File : 305 Pages
ISBN-13 : 9780192897954


The Invention Of The White Race Volume 1

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When the first Africans arrived in Virginia in 1619, there were no "white" people there. Nor, according to colonial records, would there be for another sixty years. In this seminal two-volume work, The Invention of the White Race, Theodore W. Allen tells the story of how America's ruling classes created the category of the "white race" as a means of social control. Since that early invention, white privileges have enforced the myth of racial superiority, and that fact has been central to maintaining ruling-class domination over ordinary working people of all colors throughout American history. Volume I draws lessons from Irish history, comparing British rule in Ireland with the "white" oppression of Native Americans and African Americans. Allen details how Irish immigrants fleeing persecution learned to spread racial oppression in their adoptive country as part of white America. Since publication in the mid-nineties, The Invention of the White Race has become indispensable in debates on the origins of racial oppression in America. In this updated edition, scholar Jeffrey B. Perry provides a new introduction, a short biography of the author and a study guide.

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Genre : Social Science
Author : Theodore W. Allen
Publisher : Verso Books
Release : 2014-04-29
File : 510 Pages
ISBN-13 : 9781781689691


The Invention Of Tradition

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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.

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Genre : History
Author : Eric Hobsbawm
Publisher : Cambridge University Press
Release : 1992-07-31
File : 332 Pages
ISBN-13 : 0521437733


The Invention Of The White Race

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A comprehensive, tour de force analysis of the birth of slavery, racism, and white supremacy in the American South—and how it shaped our modern world. “A must-read for all social justice activists, teachers, and scholars.” —Roxanne Dunbar-Ortiz, author of An Indigenous Peoples’ History of the United States Long heralded as a classic study of the origin of white privilege from the activist who first coined the term, Theodore W. Allen’s work remains an indispensable resource for making sense of our conflicted present, a reference point for everyone from Roxanne Dunbar-Ortiz and Nell Irvin Painter to Reni-Eddo Lodge and Aníbal Quijano. When the first Africans arrived in Virginia in 1619, there were no “white” people there. Nor, according to colonial records, would there be for another sixty years. In this seminal work, available for the first time here in a single volume, Allen tells how America’s ruling classes created the category of the “white race” as a means of social control. Since that early invention, white privileges have enforced the myth of racial superiority, a fact central to maintaining rulingclass domination over ordinary working people of all colors throughout the history of the Atlantic world. Spanning centuries and nations, Allen’s analysis takes us from the plantations of Northern Ireland and the mines of Peru to the sugar fields of Brazil and colonies of Chesapeake Bay, Virginia. His account records lives of hardscrabble immigrant survival, Faustian bargains with white supremacy, the tragedy of human bondage, and the stubborn, unbreakable resistance to the global color line.

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Genre : Social Science
Author : Theodore W. Allen
Publisher : Verso Books
Release : 2022-01-11
File : 801 Pages
ISBN-13 : 9781839763946


The Invention Of Religion In Japan

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A study of how Japan once had no concept of “religion,” and what happened when officials were confronted by American Commodore Perry in 1853. 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. Praise for The Invention of Religion in Japan “The Invention of Religion in Japan is truly revolutionary. Original, well researched, and engrossing, it overturns basic assumptions in the study of Japanese thought, religion, science, and history. . . . This book will absolutely reshape the field.” —Sarah Thal, University of Wisconsin-Madison “Written with remarkable clarity, this book makes an excellent contribution to the study of the interface of traditional Japanese religions and politics. Highly recommended.” —Choice “The range of Japanese primary sources consulted in his book is prodigious, as is his familiarity and usage of multidisciplinary theoretical works. . . . Josephson’s book is erudite, informative, and interesting. It should be a worthwhile read for Japan scholars as well as scholars and students interested in religious studies theory and history.” —H-Shukyo

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Genre : Religion
Author : Jason Ananda Josephson
Publisher : University of Chicago Press
Release : 2012-10-03
File : 402 Pages
ISBN-13 : 9780226412351


The Invention Of Jewish Theocracy

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"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--

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Genre : History
Author : Alexander Kaye
Publisher : Oxford University Press, USA
Release : 2020
File : 281 Pages
ISBN-13 : 9780190922740


The Invention Of Free Labor

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Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American colonies, making violation of al labor agreements punishable by imprisonment. By the eighteenth century, traditional legal restrictions no longer applied to many kinds of colonial workers, but it was not until the nineteenth century that indentured servitude came to be regarded as similar to slavery.

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Genre : Law
Author : Robert J. Steinfeld
Publisher : UNC Press Books
Release : 2014-02-01
File : 286 Pages
ISBN-13 : 9781469616391


Invention And The Patent System

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Anyone who writes verse, whether lyric poet, songwriter or composer of limericks or jingles, will find The Penguin Rhyming Dictionary an indispensable reference companion. Clearly arranged and easy to use, it offers an astonishingly wide range of suggestions for rhyming words, from the common and everyday to the more difficult and obscure. Unlike many of its predecessors it is not merely organized according to the spelling of words but is based on phonetic principles. Hence, rhymes such as trite, indict, and Fahrenheit, can be found together in the one group whereas words such as bough, cough and rough are not falsely forced together.

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Genre : Inventions
Author : S. Colum Gilfillan
Publisher :
Release : 1964
File : 258 Pages
ISBN-13 : UOM:35128001351582


The Invention Of Enterprise

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A sweeping global history of entrepreneurial innovation Whether hailed as heroes or cast as threats to social order, entrepreneurs—and their innovations—have had an enormous influence on the growth and prosperity of nations. The Invention of Enterprise gathers together, for the first time, leading economic historians to explore the entrepreneur's role in society from antiquity to the present. Addressing social and institutional influences from a historical context, each chapter examines entrepreneurship during a particular period and in an important geographic location. The book chronicles the sweeping history of enterprise in Mesopotamia and Neo-Babylon; carries the reader through the Islamic Middle East; offers insights into the entrepreneurial history of China, Japan, and Colonial India; and describes the crucial role of the entrepreneur in innovative activity in Europe and the United States, from the medieval period to today. In considering the critical contributions of entrepreneurship, the authors discuss why entrepreneurial activities are not always productive and may even sabotage prosperity. They examine the institutions and restrictions that have enabled or impeded innovation, and the incentives for the adoption and dissemination of inventions. They also describe the wide variations in global entrepreneurial activity during different historical periods and the similarities in development, as well as entrepreneurship's role in economic growth. The book is filled with past examples and events that provide lessons for promoting and successfully pursuing contemporary entrepreneurship as a means of contributing to the welfare of society. The Invention of Enterprise lays out a definitive picture for all who seek an understanding of innovation's central place in our world.

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Genre : Business & Economics
Author : David S. Landes
Publisher : Princeton University Press
Release : 2012-02-26
File : 585 Pages
ISBN-13 : 9781400833580


The Invention Of Improvement

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The idea of improvement - gradual and cumulative betterment - was something new in 17th century England. It became commonplace to assert that improvements in agriculture, industry, commerce, and social welfare would bring infinite prosperity and happiness. The word improvement was itself new, and since it had no equivalent in other languages, it gave the English a distinctive culture of improvement which they took with them to Ireland, Scotland, and America. Slack explains the political, intellectual, and economic circumstances which allowed notions of improvement to take root.

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Genre : Business & Economics
Author : Paul Slack
Publisher : Oxford University Press, USA
Release : 2015
File : 334 Pages
ISBN-13 : 9780199645916