Author | : Henry Sumner Maine |
Publisher | : |
Total Pages | : 440 |
Release | : 1875 |
Genre | : Comparative law |
ISBN | : |
Author | : Henry Sumner Maine |
Publisher | : |
Total Pages | : 440 |
Release | : 1875 |
Genre | : Comparative law |
ISBN | : |
Author | : Henry Sumner Maine |
Publisher | : |
Total Pages | : 422 |
Release | : 1883 |
Genre | : Comparative law |
ISBN | : |
Author | : Henry Sumner Maine |
Publisher | : BoD – Books on Demand |
Total Pages | : 446 |
Release | : 2024-01-08 |
Genre | : Fiction |
ISBN | : 3385310628 |
Reprint of the original, first published in 1883.
Author | : Henry Sumner Maine |
Publisher | : BoD – Books on Demand |
Total Pages | : 414 |
Release | : 2024-02-15 |
Genre | : Fiction |
ISBN | : 338534512X |
Reprint of the original, first published in 1883.
Author | : Henry Sumner Maine |
Publisher | : |
Total Pages | : 450 |
Release | : 1891 |
Genre | : Anthropology |
ISBN | : |
Author | : Stephanie Elsky |
Publisher | : Oxford University Press |
Total Pages | : 240 |
Release | : 2020-09-17 |
Genre | : Literary Criticism |
ISBN | : 0192605844 |
Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.
Author | : Amanda Perreau-Saussine |
Publisher | : Cambridge University Press |
Total Pages | : 322 |
Release | : 2007-05-17 |
Genre | : Law |
ISBN | : 1139463217 |
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author | : Francesca Iurlaro |
Publisher | : Oxford University Press |
Total Pages | : 486 |
Release | : 2021-12-23 |
Genre | : Law |
ISBN | : 0192652826 |
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'.
Author | : Marie Seong-Hak Kim |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2012-08-27 |
Genre | : History |
ISBN | : 110700697X |
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.