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Books > Law > Jurisprudence & general issues > Legal history

The Wyoming State Constitution (Hardcover, 2nd Revised edition): Robert B. Keiter The Wyoming State Constitution (Hardcover, 2nd Revised edition)
Robert B. Keiter
R2,557 Discovery Miles 25 570 Shipped within 7 - 12 working days

In The Wyoming State Constitution, Robert B. Keiter provides a comprehensive guide to Wyoming's colorful constitutional history. Featuring an outstanding analysis of the state's governing charter, the book includes an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Wyoming's constitution. The second edition contains an up-to-date analysis of the Wyoming Supreme Court's constitutional decisions, new state constitutional amendments and Supreme Court decisions since 1992. Also included is new material explaining how the Wyoming Supreme Court goes about interpreting the state constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Marriage and the Law in the Age of Khubilai Khan - Cases from the <i>Yuan dianzhang</i> (Hardcover, Annotated edition): Bettine... Marriage and the Law in the Age of Khubilai Khan - Cases from the <i>Yuan dianzhang</i> (Hardcover, Annotated edition)
Bettine Birge
R911 R835 Discovery Miles 8 350 Save R76 (8%) Shipped within 7 - 11 working days

The Mongol conquest of China in the thirteenth century and Khubilai Khan's founding of the Yuan dynasty brought together under one government people of different languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life-and the conflicts that arose from it-that is unmatched by any other historical source. Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. Birge's meticulously annotated translation clarifies the meaning of terms and passages, some in a hybrid Sino-Mongolian language, for specialists and general readers alike. The text includes court testimony-recorded in the vivid vernacular of people from all social classes-in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.

The Uses of Justice in Global Perspective, 1600-1900 (Paperback): Griet Vermeesch, Manon Van Der Heijden, Jaco Zuijderduijn The Uses of Justice in Global Perspective, 1600-1900 (Paperback)
Griet Vermeesch, Manon Van Der Heijden, Jaco Zuijderduijn
R680 Discovery Miles 6 800 Shipped within 8 - 13 working days

The Uses of Justice in Global Perspective, 1600-1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this `legal pluralism'. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600-1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.

Between Christ and Caliph - Law, Marriage, and Christian Community in Early Islam (Hardcover): Lev E. Weitz Between Christ and Caliph - Law, Marriage, and Christian Community in Early Islam (Hardcover)
Lev E. Weitz
R1,265 R1,045 Discovery Miles 10 450 Save R220 (17%) Shipped within 7 - 12 working days

In the conventional historical narrative, the medieval Middle East was composed of autonomous religious traditions, each with distinct doctrines, rituals, and institutions. Outside the world of theology, however, and beyond the walls of the mosque or the church, the multireligious social order of the medieval Islamic empire was complex and dynamic. Peoples of different faiths-Sunnis, Shiites, Christians, Jews, and others-interacted with each other in city streets, marketplaces, and even shared households, all under the rule of the Islamic caliphate. Laypeople of different confessions marked their religious belonging through fluctuating, sometimes overlapping, social norms and practices. In Between Christ and Caliph, Lev E. Weitz examines the multiconfessional society of early Islam through the lens of shifting marital practices of Syriac Christian communities. In response to the growth of Islamic law and governance in the seventh through tenth centuries, Syriac Christian bishops created new laws to regulate marriage, inheritance, and family life. The bishops banned polygamy, required that Christian marriages be blessed by priests, and restricted marriage between cousins, seeking ultimately to distinguish Christian social patterns from those of Muslims and Jews. Through meticulous research into rarely consulted Syriac and Arabic sources, Weitz traces the ways in which Syriac Christians strove to identify themselves as a community apart while still maintaining a place in the Islamic social order. By binding household life to religious identity, Syriac Christians developed the social distinctions between religious communities that came to define the medieval Islamic Middle East. Ultimately, Between Christ and Caliph argues that interreligious negotiations such as these lie at the heart of the history of the medieval Islamic empire.

Proc s de Marie-Antoinette, CI-Devant Reine Des Fran ais Ou Recueil Exact (French, Paperback): Prevost-N Proc s de Marie-Antoinette, CI-Devant Reine Des Fran ais Ou Recueil Exact (French, Paperback)
Prevost-N
R296 Discovery Miles 2 960 Shipped within 7 - 11 working days
Miles Lord - The Maverick Judge Who Brought Corporate America to Justice (Hardcover): Roberta Walburn Miles Lord - The Maverick Judge Who Brought Corporate America to Justice (Hardcover)
Roberta Walburn
R569 R424 Discovery Miles 4 240 Save R145 (25%) Shipped within 7 - 11 working days

This is the story of Miles Lord (1919-2016), who rose from humble beginnings on Minnesota's Iron Range to become one of the most colorful and powerful judges in the country, described as "an unabashed Prairie populist"and "a live-wire slayer of corporate behemoths."He cut a wide swath through history on his path to the bench: coming of age alongside a cadre of young Midwestern social-gospel progressives, including Hubert H. Humphrey, Eugene McCarthy, and Walter Mondale, in the days before they reached national fame; teaming with Bobby Kennedy as a hotshot prosecutor in pursuit of Jimmy Hoffa; and serving as the secret envoy between his friends Hubert and Eugene in their battle for the soul of the Democratic party in the historic 1968 presidential campaign. Later, after donning his black robe, he reshaped jurisprudence with precedent-breaking rulings-on issues ranging from women's rights to consumer protection to education reform-and breaking trail when he ordered the shutdown of the Reserve Mining Company in northern Minnesota, which was spewing its waste into Lake Superior, in the most sensational trial of the early environmental era.One of Judge Lord's landmark cases-and interlaced as a centerpiece narrative of this book-involved the Dalkon Shield intrauterine device, which caused horrific infections in thousands of women, resulting in infertility and sometimes death. Author Roberta Walburn served as the judge's law clerk during that litigation in 1983-84, and she provides a page-turning account (both an insider's view and an in-depth chronicle) of what was called "one of the most disastrous episodes of American corporate misconduct."In the end, more than 200,000 women received nearly $3 billion in compensation, and the Fortune 500 defendant was left in ruins. But Judge Lord was hauled up on judicial misconduct charges for his no-holds-barred actions that were certainly provocative but also stand as a timely reminder, even (or especially) today, of the challenges in balancing the scales of justice for a legal system that too often skews to the rich and powerful.The author deftly weaves the Dalkon Shield drama into the larger story of the life of a one-of-a-kind man, crafting a sweeping and spirited true-life tale with not only her first-hand experiences as the judge's law clerk but also with unrestricted access to the judge's personal files. This is a rare and compelling portrait of a remarkable man and his place in both Minnesota and U.S. history.

Humanizing the Laws of War - Selected Writings of Richard Baxter (Paperback, New): Richard Baxter Humanizing the Laws of War - Selected Writings of Richard Baxter (Paperback, New)
Richard Baxter; Edited by Detlev F. Vagts, Theodor Meron, Stephen M. Schwebel, Charles Keever
R1,045 Discovery Miles 10 450 Shipped within 7 - 12 working days

This book celebrates the scholarship of Richard Baxter, former Judge of the International Court of Justice and former Professor of International Law at Harvard Law School. The volume brings together Professor Baxter's writings on the laws of war, on which he was one of the most influential scholars of the twentieth century. The collection of essays contained in this book once again makes his exceptional writings available to scholars and students in the field. His work remains timely and relevant to today's issues, and offers many analyses which have been borne out in subsequent years. It includes, amongst many wide-ranging topics within the laws of war, Baxter's studies of the Geneva Conventions, human rights in times of war, and the legal problems of international military command. Featuring a new introduction by Professor Detlev Vagts exploring the importance of Baxter's writings, and a Biographical Note by Judge Stephen Schwebel assessing Baxter's life, this book is essential reading for scholars and students of international humanitarian law.

Habeas Corpus - From England to Empire (Paperback): Paul D. Halliday Habeas Corpus - From England to Empire (Paperback)
Paul D. Halliday
R430 Discovery Miles 4 300 Shipped within 7 - 13 working days

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"-these are modern idioms-but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantanamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Paperback): Amalia D. Kessler Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Paperback)
Amalia D. Kessler
R803 R737 Discovery Miles 7 370 Save R66 (8%) Shipped within 7 - 12 working days

A highly engaging account of the developments-not only legal, but also socioeconomic, political, and cultural-that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial-dominated by dueling larger-than-life lawyers undertaking grand public performances-that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources-and by recovering neglected influences (including from Europe)-the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

Operation Greylord - The True Story of an Untrained Undercover Agent and America's Biggest Corruption Bust (Paperback):... Operation Greylord - The True Story of an Untrained Undercover Agent and America's Biggest Corruption Bust (Paperback)
Terrence Hake
R451 R358 Discovery Miles 3 580 Save R93 (21%) Shipped within 7 - 11 working days
The Oxford Edition of Dicey (Multiple copy pack, Revised): A.V. Dicey The Oxford Edition of Dicey (Multiple copy pack, Revised)
A.V. Dicey; Edited by J. W. F. Allison
R3,461 Discovery Miles 34 610 Shipped within 7 - 12 working days

The Oxford Edition of Dicey provides sources with which to reassess the extraordinary authority and lasting influence of Dicey's canonical text Lectures Introductory to the Study of the Law of the Constitution. The first volume consists of Dicey's rare first edition in its original form and of the main addenda in later editions. It facilitates a historical understanding of Dicey's original text in its context and of later changes when they were made. In introducing the first volume, J.W.F. Allison reassesses The Law of the Constitution's authority and the kinds of response it has elicited in view of its original educative form and educational context. The volume also includes Dicey's unpublised inaugural lecture and his revisionist article pulbished in 1915 examining the development of administrative law in England. Volume Two, Comparative Constitutionalism, provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited. These two volumes collect together the main body of work from one of the most influential constitutional law theorists in the field. It is essential reading for any student of English and comparative constitutional thought

Being and Having in Shakespeare (Hardcover): Katharine Eisaman Maus Being and Having in Shakespeare (Hardcover)
Katharine Eisaman Maus
R781 R741 Discovery Miles 7 410 Save R40 (5%) Shipped within 7 - 12 working days

What is the relation between who a person is, and what he or she has? A number of Shakespeare's plays engage with this question, elaborating a 'poetics of property' centering on questions of authority and entitlement, of inheritance and prodigality, and of the different opportunities afforded by access to land and to chattel property. Being and Having in Shakespeare considers these presentations of ownership and authority. Richard II and the Henry IV plays construe sovereignty as a form of property right, largely construing imperium, or the authority over persons in a polity, as a form of dominium, the authority of the propertyholder. Nonetheless, what property means changes considerably from Richard's reign to Henry's, as the imagined world of the plays is reconfigured to include an urban economy of chattel consumables. The Merchant of Venice, written between Richard II and Henry IV, part 1, reimagines, in comic terms, some of the same issues broached in the history plays. It focuses in particular on the problem of the daughter's inheritance and on the different property obligations among kin, friends, business associates, and spouses. In the figure of the 'vagabond king', theoretically entitled but actually dispossessed, Henry VI, part 2 and King Lear both coordinate problems of entitlement with conundrums about distributive justice, raising fundamental questions about property relations and social organization.

War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956 - Justice in Time of Turmoil (Hardcover, 1st... War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956 - Justice in Time of Turmoil (Hardcover, 1st ed. 2016)
Kerstin Von Lingen
R1,989 Discovery Miles 19 890 Shipped within 7 - 12 working days

This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?

The Oxford Handbook of Legal History (Hardcover): Markus D. Dubber, Christopher Tomlins The Oxford Handbook of Legal History (Hardcover)
Markus D. Dubber, Christopher Tomlins 1
R3,103 Discovery Miles 31 030 Shipped within 7 - 12 working days

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Hardcover): Amalia D. Kessler Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Hardcover)
Amalia D. Kessler
R1,625 Discovery Miles 16 250 Shipped within 7 - 11 working days

A highly engaging account of the developments-not only legal, but also socioeconomic, political, and cultural-that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial-dominated by dueling larger-than-life lawyers undertaking grand public performances-that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources-and by recovering neglected influences (including from Europe)-the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

Harry Roberts and Foxtrot One-One - The Shepherd's Bush Massacre (Paperback): Geoffrey Barton Harry Roberts and Foxtrot One-One - The Shepherd's Bush Massacre (Paperback)
Geoffrey Barton; Foreword by Mike Waldren
R474 Discovery Miles 4 740 Shipped within 7 - 12 working days

In August 1966, two weeks after England won the World Cup, and four miles from Wembley Stadium, Harry Roberts and his associates gunned down three unarmed police detectives in front of dozens of primary school children. The nation was outraged and struggled to understand what had happened. Roberts had served in the special forces during the conflict in Malaya and claimed he was assigned to kill selected targets. He returned to the UK keen to continue such work in civilian life, but he was rejected by the two gangs that dominated the London Criminal Underworld in the 1960s, the Krays and the Richardsons. Prophetically, they considered him to be too violent. Following the Shepherd's Bush Massacre, Roberts' accomplices, John Witney and John Duddy, were quickly arrested, but Roberts went to ground, using the survival and camouflage skills that he had learned in the British Army. Harry Roberts and Foxtrot One-One covers every detail of the investigation and manhunt that followed, from arrest, trial and imprisonment to Roberts' eventual (and controversial) release. One of the most notorious crimes of the 20th century. The case that led to the police firearms training arrangements seen today. Looks at the tragic impact on the victims' families. By a former senior Metropolitan Police armed officer.

Squeezing Silver - The Trial of Nelson Bunker Hunt (Hardcover): Mark A Cymrot Squeezing Silver - The Trial of Nelson Bunker Hunt (Hardcover)
Mark A Cymrot
R553 R441 Discovery Miles 4 410 Save R112 (20%) Shipped within 7 - 11 working days
Mr. Mothercountry - The Man Who Made the Rule of Law (Hardcover): Keally D McBride Mr. Mothercountry - The Man Who Made the Rule of Law (Hardcover)
Keally D McBride
R694 Discovery Miles 6 940 Shipped within 7 - 12 working days

Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration-as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.

The Documents in the Attic Orators - Laws and Decrees in the Public Speeches of the Demosthenic Corpus (Hardcover, New): Mirko... The Documents in the Attic Orators - Laws and Decrees in the Public Speeches of the Demosthenic Corpus (Hardcover, New)
Mirko Canevaro
R2,239 Discovery Miles 22 390 Shipped within 7 - 12 working days

In this volume, Mirko Canevaro studies the 'state' documents (laws and decrees) preserved in the public speeches of the Demosthenic corpus. These documents purport to be Athenian statutes and, if authentic, provide invaluable information about Athenian history, law, and institutions. Offering a comprehensive account of the presence of the documents in the corpora of the orators and in the manuscript tradition, this volume summarizes previous scholarship and delineates a new methodology for analyzing the documents. Examining the documents found in Demosthenes' On the Crown, Against Meidias, Against Aristocrates, Against Timocrates, and Apollodorus' Against Neaera, the core of the volume, which includes a chapter by Edward M. Harris, provides a guide for the reliability of the individual documents, and advances new interpretations of important Athenian laws, such as homicide regulations, legislative procedures, laws on theft, seduction, naturalization, and outlawry. Canevaro argues that some of the documents have been inserted into the speeches in an Athenian environment at the beginning of the third century BC and are therefore reliable, while many others are later forgeries. These forgeries are early products of the tradition of historical declamations and progymnasmata, and could be used as evidence of Hellenistic oratory and rhetorical education.

The Death of Treaty Supremacy - An Invisible Constitutional Change (Hardcover): David L. Sloss The Death of Treaty Supremacy - An Invisible Constitutional Change (Hardcover)
David L. Sloss
R1,545 Discovery Miles 15 450 Shipped within 7 - 12 working days

This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights for all without distinction as to race. In 1950, a California court applied the Charters human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to self-executing treaties. Under the modern rule, state governments are allowed to violate national treaty obligationsincluding international human rights obligationsthat are embodied in non-self-executing treaties.

International Law and Empire - Historical Explorations (Hardcover): Martti Koskenniemi, Walter Rech, Manuel Jimenez Fonseca International Law and Empire - Historical Explorations (Hardcover)
Martti Koskenniemi, Walter Rech, Manuel Jimenez Fonseca
R1,731 Discovery Miles 17 310 Shipped within 7 - 12 working days

In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived

Heroin, Organized Crime, and the Making of Modern Turkey (Paperback): Ryan Gingeras Heroin, Organized Crime, and the Making of Modern Turkey (Paperback)
Ryan Gingeras
R571 Discovery Miles 5 710 Shipped within 7 - 12 working days

Heroin, Organized Crime, and the Making of Modern Turkey explores the history of organized crime in Turkey and the roles which gangs and gangsters have played in the making of the Turkish state and Turkish politics. Turkey's underworld, which has been at the heart of several devastating scandals over the last several decades, is strongly tied to the country's long history of opium production and heroin trafficking. As an industry at the centre of the Ottoman Empire's long transition into the modern Turkish Republic, as important as the silk road had been in earlier centuries, the modern rise of the opium and heroin trade helped to solidify and complicate long-standing relationships between state officials and criminal syndicates. Such relationships produced not only ongoing patterns of corruption, but helped fuel and enable repeated acts of state violence. Drawing upon new archival sources from the United States and Turkey, including declassified documents from the Prime Minister's Archives of the Republic of Turkey and the Central Intelligence Agency, Heroin, Organized Crime, and the Making of Modern Turkey provides a critical window into how a handful of criminal syndicates played supporting roles in the making of national security politics in the contemporary Turkey. The rise of the 'Turkish mafia', from its origins in the late Ottoman period to its role in the 'deep state' revealed by the so-called Susurluk and Ergenekon scandals, is a story that mirrors troubling elements in the republic's establishment and emphasizes the transnational and comparative significance of narcotics and gangs in the country's past.

The Federalist Papers (Paperback): Alexander Hamilton, James Madison, John Jay, Lawrence Goldman The Federalist Papers (Paperback)
Alexander Hamilton, James Madison, John Jay, Lawrence Goldman
R262 R203 Discovery Miles 2 030 Save R59 (23%) Shipped within 7 - 12 working days

The Federalist Papers--85 essays published in the winter of 1787-8 in the New York press--are some of the most crucial and defining documents in American political history, laying out the principles that still guide our democracy today. The three authors--Alexander Hamilton, James Madison, and John Jay--were respectively the first Secretary of the Treasury, the fourth President, and the first Chief Justice of the Supreme Court in American history. Each had played a crucial role in the events of the American Revolution, and their essays make a compelling case for a new and united nation, governed under a written Constitution that endures to this day. The Federalist Papers are an indispensable guide to the intentions of the founding fathers and a canonical text in the development of western political thought. This is the first edition to explain the many classical, mythological, and historical references in the text, and to pay full attention to the erudition of the three authors, which enabled them to place the infant American republic in a long tradition of self-governing states.
About the Series: For over 100 years Oxford World's Classics has made available the broadest spectrum of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, voluminous notes to clarify the text, up-to-date bibliographies for further study, and much more.

Iphigenia in Forest Hills - Anatomy of a Murder Trial (Paperback): Janet Malcolm Iphigenia in Forest Hills - Anatomy of a Murder Trial (Paperback)
Janet Malcolm
R225 Discovery Miles 2 250 Shipped within 7 - 12 working days

"Astringent and absorbing...Iphigenia in Forest Hills casts, from its first pages, a genuine spell - the kind of spell to which Ms. Malcolm's admirers (and I am one) have become addicted."-Dwight Garner, New York Times "She couldn't have done it and she must have done it." This is the enigma at the heart of Janet Malcolm's riveting new book about a murder trial in the insular Bukharan-Jewish community of Forest Hills, Queens, that captured national attention. The defendant, Mazoltuv Borukhova, a beautiful young physician, is accused of hiring an assassin to kill her estranged husband, Daniel Malakov, a respected orthodontist, in the presence of their four-year old child. The prosecutor calls it an act of vengeance: just weeks before Malakov was killed in cold blood, he was given custody of Michelle for inexplicable reasons. It is the "Dickensian ordeal" of Borukhova's innocent child that drives Malcolm's inquiry. With the intellectual and emotional precision for which she is known, Malcolm looks at the trial-"a contest between competing narratives"-from every conceivable angle. It is the chasm between our ideals of justice and the human factors that influence every trial-from divergent lawyering abilities to the nature of jury selection, the malleability of evidence, and the disposition of the judge-that is perhaps most striking. Surely one of the most keenly observed trial books ever written, Iphigenia in Forest Hills is ultimately about character and "reasonable doubt." As Jeffrey Rosen writes, it is "as suspenseful and exciting as a detective story, with all the moral and intellectual interest of a great novel." "Iphigenia in Forest Hills is another dazzling triumph from Janet Malcolm. Here, as always, Malcolm's work inspires the best kind of disquiet in a reader-the obligation to think." -Jeffrey Toobin, author of The Nine: Inside the Secret World of the Supreme Court "A remarkable achievement that ranks with Malcolm's greatest books. Her scrupulous reporting and interviews with protagonists on both sides of the trial make her own narrative as suspenseful and exciting as a detective story, with all the moral and intellectual interest of a great novel." -Jeffrey Rosen, author of The Supreme Court: The Personalities and Rivalries that Defined America

Making Money - Coin, Currency, and the Coming of Capitalism (Paperback): Christine Desan Making Money - Coin, Currency, and the Coming of Capitalism (Paperback)
Christine Desan
R491 Discovery Miles 4 910 Shipped within 7 - 12 working days

Money travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money's design brought capitalism to England. For centuries, the English government monopolized money's creation. The Crown sold people coin for a fee in exchange for silver and gold. 'Commodity money' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money's neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.

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