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Author: Maïa Pal Publisher: Cambridge University Press ISBN: 1108756093 Category : Law Languages : en Pages : 365
Book Description
The majority of European early modern empires – the Castilian, French, Dutch, and English/British – developed practices of jurisdictional accumulation, distinguished by the three categories of extensions, transports, and transplants of authority. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major analytical contribution to historical sociology. As an interdisciplinary exercise in conceptual innovation based on a Political Marxist framework and its concept of social property relations, the book goes beyond common binaries in both conventional and critical histories. The new concept of jurisdictional accumulation brings ambassadors, consuls, merchants, and lawyers out of the shadows of empire and onto the main stage of the construction of modern international relations and international law.
Author: Maïa Pal Publisher: Cambridge University Press ISBN: 1108756093 Category : Law Languages : en Pages : 365
Book Description
The majority of European early modern empires – the Castilian, French, Dutch, and English/British – developed practices of jurisdictional accumulation, distinguished by the three categories of extensions, transports, and transplants of authority. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major analytical contribution to historical sociology. As an interdisciplinary exercise in conceptual innovation based on a Political Marxist framework and its concept of social property relations, the book goes beyond common binaries in both conventional and critical histories. The new concept of jurisdictional accumulation brings ambassadors, consuls, merchants, and lawyers out of the shadows of empire and onto the main stage of the construction of modern international relations and international law.
Author: Maïa Pal Publisher: Cambridge University Press ISBN: 1108497209 Category : Law Languages : en Pages : 365
Book Description
Introduction -- Early modern extraterritoriality -- Historical sociology, Marxism, and law -- Social property relations -- Ambassadors -- Consuls -- Colonial practices of jurisdictional accumulation -- Analytical crossroads : dominium, consuls, and extraterritoriality.
Author: Nurfadzilah Yahaya Publisher: Cornell University Press ISBN: 1501750895 Category : Political Science Languages : en Pages : 266
Book Description
This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.
Author: Alain Pottage Publisher: Cambridge University Press ISBN: 9780521539456 Category : Law Languages : en Pages : 324
Book Description
This collection of interdisciplinary essays explores how persons and things - the central elements of the social - are fabricated by legal rituals and institutions. The contributors, legal and anthropological theorists alike, focus on a set of specific institutional and ethnographic contexts, and some unexpected and thought-provoking analogies emerge from this intellectual encounter between law and anthropology. For example, contemporary anxieties about the legal status of the biotechnological body seem to resonate with the questions addressed by ancient Roman law in its treatment of dead bodies. The analogy between copyright and the transmission of intangible designs in Melanesia suddenly makes western images of authorship seem quite unfamiliar. A comparison between law and laboratory science presents the production of legal artefacts in new light. These studies are of particular relevance at a time when law, faced with the inventiveness of biotechnology, finds it increasingly difficult to draw the line between persons and things.
Author: Alex Mills Publisher: Cambridge University Press ISBN: 1139479733 Category : Law Languages : en Pages :
Book Description
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author: Cass R. Sunstein Publisher: Harvard University Press ISBN: 0674247531 Category : Law Languages : en Pages : 209
Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Author: Luca Zenobi Publisher: Oxford University Press ISBN: 0198876882 Category : History Languages : en Pages : 282
Book Description
Space matters. It situates our history, structures our daily lives, and often determines what we can and cannot do. Borders are central to this reality. Tools and symbols of separation, power, and identity, they bring people together as much as they set them apart. This book explores how borders were understood, made, and encountered at the end of the Middle Ages, and what they can tell us about the spatial fabric of society at the threshold of modernity. It shows that pre-modern borders were nothing like the fuzzy lines they are typically made out to be, that border-making was rarely a top-down process and should instead be studied as an interactive endeavour, and that space was shaped by communities far more than states in this period. At its core, Borders and the Politics of Space in Late Medieval Italy is the account of a frontier which would mark the Italian peninsula for centuries, that between the territories of the Duchy of Milan and those of the Republic of Venice. But it is also a study of how rulers and subjects alike defined spaces they could call their own. Luca Zenobi combines methods from several disciplines and applies them to a range of evidence from twenty different libraries and archives, including theoretical treatises and pragmatic records, written chronicles and cartographic visualisations, private documents and official correspondence. The cast of characters is equally eclectic, featuring influential thinkers and pragmatic statesmen, zealous factions and clumsy bureaucrats, hopeless beggars and ambitious princes. On the border, their stories intersect and reveal their part in a shared history.
Author: Rose Parfitt Publisher: Cambridge University Press ISBN: 1316515192 Category : History Languages : en Pages : 541
Book Description
Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities
Author: Maïa Pal
Author: Maïa Pal
Author: Maïa Pal
Author: Nurfadzilah Yahaya
Author: Merry E. Wiesner
Author: Theda Skocpol
Author: Alain Pottage
Author: Alex Mills
Author: Cass R. Sunstein
Author: Luca Zenobi
Author: Rose Parfitt