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Constituting Empire

Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 9780807876879
Size: 38.86 MB
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According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

The Concert Of Civilizations

Author: Jeremy Kleidosty
Publisher: Routledge
ISBN: 1317037480
Size: 41.32 MB
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Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.

The Oxford Handbook Of European Legal History

Author: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088382
Size: 40.44 MB
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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

A Distinct Judicial Power

Author: Scott Douglas Gerber
Publisher: Oxford University Press
ISBN: 0199765871
Size: 59.87 MB
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This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

America History And Life

Author:
Publisher:
ISBN:
Size: 66.34 MB
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Article abstracts and citations of reviews and dissertations covering the United States and Canada.

Transformations In American Legal History

Author: Daniel W. Hamilton
Publisher: Harvard University Press
ISBN:
Size: 68.82 MB
Format: PDF
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During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780âe"1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870âe"1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our countryâe(tm)s crises. In this book, Horwitzâe(tm)s students re-examine legal history from Americaâe(tm)s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

The Magic Mirror

Author: Kermit Hall
Publisher: Oxford University Press, USA
ISBN: 9780195081800
Size: 53.14 MB
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Now in a new edition with extensive updates by Peter Karsten, The Magic Mirror chronicles American law from its English origins to the present. It offers comprehensive treatment of twentieth-century developments and sets American law and legal institutions in the broad context of social,economic, and political events, weaving together themes from the history of both constitutional and private law. This edition of The Magic Mirror features additional coverage of resistance to law through U.S. history, the customary law of self-governing bodies, and Native Americans. It also hasupdated coverage for law in society, the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, thedevelopment of American federalism, and the rise of the legal profession. The Magic Mirror pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectualevolution of American law, surveying movements such as legal realism and critical legal studies. The authors conclude that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social andeconomic conflicts that first provoke demands for legal change.

Program

Author: Organization of American Historians. Meeting
Publisher:
ISBN:
Size: 58.36 MB
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