This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.
Author: Aldo Schiavone
Publisher: Belknap Press
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.
Rambling into Surrealism : The B - Western Kinda like history repeatin ' itself , ain
' t it ? ... B . Walthall , star of The Birth of a Nation back in 1915 ) , who had
captured him and brought law to the town when it was known as “ Broken Knee .
Release on 1985 | by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
The United States has yet to consider this question seriously. West Germany
Since 1957, West Germany has had a comprehensive law on the rights of
employees and employers in employees' inventions—a complete system for
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Since the goal of the Soviet system of invention law was to advance the
government's interests, the coverage of the law was much broader than in most Western states. Author's certificates could be given not only for inventions
themselves but ...
Author: Loren Graham
Publisher: MIT Press
An expert investigates Russia's long history of technological invention followed by commercial failure and points to new opportunities to break the pattern. When have you gone into an electronics store, picked up a desirable gadget, and found that it was labeled “Made in Russia”? Probably never. Russia, despite its epic intellectual achievements in music, literature, art, and pure science, is a negligible presence in world technology. Despite its current leaders' ambitions to create a knowledge economy, Russia is economically dependent on gas and oil. In Lonely Ideas, Loren Graham investigates Russia's long history of technological invention followed by failure to commercialize and implement. For three centuries, Graham shows, Russia has been adept at developing technical ideas but abysmal at benefiting from them. From the seventeenth-century arms industry through twentieth-century Nobel-awarded work in lasers, Russia has failed to sustain its technological inventiveness. Graham identifies a range of conditions that nurture technological innovation: a society that values inventiveness and practicality; an economic system that provides investment opportunities; a legal system that protects intellectual property; a political system that encourages innovation and success. Graham finds Russia lacking on all counts. He explains that Russia's failure to sustain technology, and its recurrent attempts to force modernization, reflect its political and social evolution and even its resistance to democratic principles. But Graham points to new connections between Western companies and Russian researchers, new research institutions, a national focus on nanotechnology, and the establishment of Skolkovo, “a new technology city.” Today, he argues, Russia has the best chance in its history to break its pattern of technological failure.
HE TERM "FEUDALISM" was only invented in the eighteenth century. Prior to that
time—ever since the twelfth century, in fact-people had spoken and written not of
feudalism or of "feudal society" but of "feudal law,"referring primarily to the ...
Author: Harold J. Berman
Publisher: Harvard University Press
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Chapter Six FROM FEUDALISM TO FEUDAL LAW KEY ISSUES q The
feudalisation of Western Europe gave rise to themes which will contribute to the
development of constitutionalism. q Feudal relationships presupposed reciprocal
Author: Ellen Goodman
Publisher: Federation Press
Category: Common law
Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.
... new laws and regulations (when applicable) is that technological progress has
changed human behavior or potentially will change human behavior in a way
that requires the state to create new standards. For example, prior to the invention ...
First, Western civilization does not constitute a homogeneous whole. Secondly, it
is certainly true that the West invented the legal techniques which today are
commonly considered to characterize human rights. However, to infer from that ...
Author: Christian Tomuschat
Publisher: Oxford University Press, USA
By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this text provides an overview of human rights. After briefly examining the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy.
afterlife of Roman law took various shapes, as will transpire from other chapters
in this section. ... 'Byzantine' is an invention of western historiography to indicate
a geographical and cultural environment which, however, understood itself as ...
Author: David Johnston
Publisher: Cambridge University Press
This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.
6 Liberalism All Western societies are organized by liberal principles and
institutions , in a way that very few non - Western societies are . ... of prejudice
against individuals and groups , to the promotion of science and the arts , to the invention of better , cheaper and more ... The government is subordinate to the
rule of law .
Author: Richard Koch
Publisher: A&C Black
Category: Political Science
A large degree of success in Western civilization can be traced to six principal ideas - Christianity, optimism, science, economic growth, liberalism, and individualism. In theory, a synthesis of these ideas could provide a way for the West to recover its nerve and integrity. But in practice? This book seeks to find the answer.
The peasantry was slow to adopt the new ideas and, for a long time, especially in
certain regions far from the big cities, maintained the equilibrium based on
permanence and the control of young men by the law of communal shaming.45
At the ...
Author: Robert Muchembled
Can the orgasm be explained in historical terms? Robert Muchembled's book unearths fascinating sources which suggest that we need to look with a fresh eye at the past and realize that the sublimation of the erotic impulse was far more than simple religious ascetism - it was the hidden driving force of the West until the 1960s.
This new practice of sidelining appeared in the 186os in texts printed at the
Tokugawa institute for Durch learning. The 1866 reprint of Legge's Graduased
Reading and many of the law texts published in 1868 use sidelining to
distinguish aseji, ...
Author: Douglas Howland
Publisher: University of Hawaii Press
In this rich and absorbing analysis of the transformation of political thought in nineteenth-century Japan, Douglas Howland examines the transmission to Japan of key concepts--liberty, rights, sovereignty, and society--from Western Europe and the United States. Because Western political concepts did not translate well into their language, Japanese had to invent terminology to engage Western political thought. This work of westernization served to structure historical agency as Japanese leaders undertook the creation of a modern state. Where scholars have previously treated the introduction of Western political thought to Japan as a simple migration of ideas from one culture to another, Howland undertakes an unprecedented integration of the history of political concepts and the semiotics of translation techniques. He demonstrates that Japanese efforts to translate the West must be understood as problems both of language and action--as the creation and circulation of new concepts and the usage of these new concepts in debates about the programs and policies to be implemented in a westernizing Japan. Translating the West will interest scholars of East Asian studies and translation studies and historians of political thought, liberalism, and modernity.
... of Western civilization” (1999).6 Roger Scruton has emphasized the
significance of Rome in its creation of a secular system of governance anchored
on the “autonomous principles of judicial reasoning and an explicit statement of
the law” ...
Author: Ricardo Duchesne
After challenging the multicultural effort to “provincialize” the history of Western civilization, this book argues that the roots of the West’s exceptional creativity should be traced back to the uniquely aristocratic warlike culture of Indo-European speakers.
Law depends solely on the will of the people.” For Alberic of Rosate two bodies created law, the councilors in their assemblies and the magistrates in their courts.
Even professional judges derived from the people, “for what these magistrates ...
Author: Richard W. Davis
Publisher: Stanford University Press
Category: Political Science
The volume begins with a study by Douglass C. North that emphasizes the economic and social factors that encouraged the development of freedom in the West and inhibited its development in other societies, notably China. The Greeks first devised civil and political liberty, and also were the first to have a word, eleutheria, for the concept. Martin Ostwald traces the history of the word over the course of Greek history, seeking when and why it assumed a meaning similar to freedom. Brian Tierney demonstrates how the medieval Church, by perpetuating Roman traditions of popular election and inspiring representative government, was vital to the development of modern freedom. The earliest secular institutions to follow the example of the Church in shaping their own governments were the towns of Italy, and John Hine Mundy shows how the towns served as the initial training grounds for laymen in the practice of free government. Monarchs whose coffers were depleted by continuous warfare sought to tap the resources of the wealthy towns and better-off rural residents, but these long-independent groups were not easily bullied and gathered their representatives together to negotiate taxation and grievances. In two chapters, H. G. Koenigsberger traces this background of parliaments and estates from all over Europe from the thirteenth century through the early modern era. In seventeenth-century England, parliamentary legislation would become the major vehicle for protecting the liberties of the subject. Before that, however, the common law courts were the main arena for advancing freedom, as J. H. Baker shows in his examination of the key developments in the common law. Traditionally, the Renaissance and the Reformation have been looked upon as largely separate phenomena. William J. Bouwsma asserts that in fact they were closely linked, with profound consequences for the shaping of modern freedom. Donald R. Kelley discusses the various forms and justifications of resistance that arose against the powerful monarchies that had emerged from the chaos and confusion of the fourteenth and early fifteenth centuries.
... commonly thought, by the West. As my work makes clear, Islamic law, the
sacred Shar a, has always in the Ottoman context been complemented by laws
devised to administer the empire, laws that were straightforwardly human in invention.
Author: Judith Mendelsohn Rood
This volume analyzes the political and socio-economic roles of the Muslim community of Jerusalem in the Ottoman period by focusing upon the rebellion of 1834 against Muhammad Ali from a natural law perspective using the archives of the Islamic court.
Globalization, the End of America and Biblical Prophecy Bridget S. Howe.
become something positive? People are sinful. without the constraints of law,
human nature will degenerate and even those charged with upholding the law
will fall if ...
Author: Bridget S. Howe
Publisher: WestBow Press
Category: True Crime
If The West Falls If the West Falls is the result of four years of research that began when the author learned that she was a target of US Government sponsored Organized Vigilante Stalking. Her investigation into the crime that had been committed against her led her to an understanding of the crime that is being committed by the United States government against the people of this nation and the rest of the world. The author’s investigation reveals • The presence of a fascist underground controlling the life of this nation and the lives of American people • The plans of secret societies such as the Bilderbergers, the Trilateral Commission and the Council of Foreign relations to dissolve the national sovereignty of the United States of America • The influence of the occult in public institutions and the American Christian Church • Crimes being committed by US governing officials being covered up by the National Security Act including the exploitation of children • Exploitation of American citizens and people around the world under the Patriot Act and the Military Commissions Act
There has been some controversy recently between those who wish to answer
such questions in secular, Enlightenment terms (liberal democracy, the rule of law, freedom and individual human rights), and those who see Western culture
Author: Don Cupitt
Publisher: Hymns Ancient and Modern Ltd
Don Cupitt proposes a reinterpretation of Christian history, arguing that the meaning of the West is not Catholic Christian, but radical Christian. The original Jesus was a secular figure, a utopian teacher of ethical wisdom. He argues that the core of Western culture is simply the old Christian spirituality extraverted. Today, Christian supernatural doctrine is dead, but the secular 'West' is Christianity itself is now emerging in its final, 'Kingdom' form.
71 Robert G . Dunbar , The Adaptability of Water Law to the Aridity of the West ,
24 Journal of the West 57 ( January 1985 ) . ... 1850 - 1920 1 ( 1996 ) who notes
that « prior appropriation was not invented in the West » as parts of
Author: Pierre Lagayette
Publisher: Presses Paris Sorbonne
Category: Cultural relations
L'échange, comme système de transaction entre individus ou communautés humaines, s'applique d'abord aux bien matériels, mais exprime aussi d'autres modalités d'interaction, symboliques, philosophiques ou idéologiques. Le présent ouvrage se penche sur la façon dont se présente ou se représente l'activité d'échange en Amérique du Nord, traditionnel carrefour de cultures et lieu de mélanges, où se sont élaborés, à mi-chemin entre Europe et Pacifique, bien des paradigmes du contact, de l'échange et du progrès. On trouvera ici un assortiment de textes qui examinent aussi bien la pratique concrète de l'échange - commercial ou culturel - que ses manifestations imaginaires. Chronologiquement, ces essais couvrent une période qui court de l'exploration de Lewis et Clark jusqu'à l'ère de l'Internet. On y aborde les relations ethniques, notamment avec les tribus indiennes, et les conditions régionales ou locales de l'échange, par exemple du côté de la frontière mexicaine, ou de la Californie, ou dans les îles du Pacifique. Le lecteur entame ainsi un périple qui le conduit des zones-frontières continentales jusqu'au-delà des océans, des banlieues aux grands espaces de l'Ouest, sans pour autant oublier les grands voyages de l'esprit que garantissent les grandes œuvres littéraires ou la musique. L'idée-force qui se dégage de ce volume, c'est la nécessaire revalorisation de l'échange comme moyen d'entente entre les peuples, comme support d'une idéologie transnationale fondée sur la compréhension et l'équilibre des intérêts, afin que cessent les exclusions et s'apaisent les rancœurs dans un contexte mondial d'interdépendances accrues.
The result is a view ofjurisprudence as involving the invention of rights within
concrete cases or situations or as a distinctive 'casuistry of relations'. Within the
legal traditions of the West, those interested in understanding the authority of law
Author: Edward Mussawir
Publisher: Taylor & Francis
Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression.
Taking the law of reflection into account, the octant can measure angles up to 90°
. Since an octant can measure up to 90°, or one-quarter of a circle, it is
sometimes called a “quadrant” or “Hadley's quadrant” after its inventor. Similarly,
Author: Brian Lasater
This volume looks at the ancient heritage of Greek philosophy and Mesopotamian astronomy and examines the history of map-making, coastal and celestial navigation and astronomy from 1487-1727.