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Books > Law > Jurisprudence & general issues > Legal history
The Michigan State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Michigan's constitutional
history, it provides an in-depth, section-by-section analysis of
the entire constitution, detailing important changes that have been
made since its drafting. This treatment, along with a list of
cases, index, and bibliography provides an unsurpassed reference
guide for students, scholars, and practitioners of Michigan's
constitution. Previously published by Greenwood, this title has
been brought back in to circulation by Oxford University Press with
new verve. Re-printed with standardization of content organization
in order to facilitate research across the series, this title, as
with all titles in the series, is set to join the dynamic revision
cycle of The Oxford Commentaries on the StateConstitutions of the
United States.
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.
In seven pioneering dialogues, Bert van Roermund resumes the
conversations he has had over the last twenty-five years on
reconciliation after political oppression. Questions of time are
predominant here: How does memory relate to both past and future?
Can one be a victim and perpetrator at the same time? Is
reconciliation ultimately based on an original bond among humans
that enables survivors to forgive their former oppressors? Does
this entail a betrayal of past sufferings? Such questions are
discussed in this book by a group of philosophers from (former)
conflict areas around the globe. Both the characters and the
dialogues are fictional, but at the same time, they are as real as
can be. They originate in conversations with many colleagues and
intensive research within an international network of scholars,
writers, artists, and political activists. Chapters provide
philosophical discussions on the highly relevant topic of law,
time, and reconciliation. The book reaches out to all those who
wish to reflect on the challenges of peace work, restorative and
transitional justice, refugee policies and military interventions,
as well as students and teachers of relevant disciplines including
social ethics, political philosophy, human rights and international
relations.
Conceptualizing the nature of reality and the way the world
functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of
human rights law in the strict subject/object dichotomy. Seeking to
dismantle this dichotomy using topo-logic, a concept developed by
Japanese philosopher Nishida Kitaro, this topical book formulates
ways to operationalize alternative visions of human rights
practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates,
emerges from and reflects a particular Western worldview through a
quest for rationality and formal logic. Taking a metaphysical and
epistemological perspective, this book explores the alternative
views of reality and logic, developed by Kitaro, to demonstrate how
topo-logic can enable both a theoretical and a practical renewal of
human rights and overcome the subject/object dichotomy. Examining
the recent growth of social movements, decolonization and
diversification of discourses about human rights, and substantive
equality, the book identifies these developments in contemporary
human rights as indications of a movement towards a topo-logical
view beyond the subject/object dichotomy. Students and scholars of
critical legal studies, legal theory and philosophy, and
international human rights law will find this book to be an
invigorating read. Laying ground for the possible renewal and
enhancement of human rights law, it will also be a useful resource
for practitioners of human rights law.
Tennesseans pioneered innovations in self-government beginning in
1772, and they have continued to do so since the enactment of their
first formal constitution in 1796. Over time, Tennessee has
adopted, abolished, and changed it's constitution as political and
social needs demanded and allowed.
In The Tennessee State Constitution, Lewis L. Laska provides a
comprehensive introduction to Tennessee's constitution including a
history of its development beginning in the 1700s,
article-by-article commentary on the constitution itself, and an
extensive bibliography of Tennessee constitutional history. This
essential guide to the Tennessee constitution also presents
valuable commentary on the constitution's preamble and 11 articles
including the declaration of rights, the distribution of powers,
the executive department, elections, impeachments, the judicial
department, state and county officers, militia, disqualification,
oaths, bribery of electors, new counties, and miscellaneous
provisions.
Also included are an annotated bibliography of Tennessee
constitutional history including references to pre-statehood
compacts, the constitutions of 1796 and 1835, the Civil War,
Reconstruction and the 1865 amendments, the constitution of 1870,
attempted constitutional reform, and five constitutional
conventions from 1953 to 1977. A table of cases completes this
unsurpassed reference guide that will be referred to and relied
upon by constitutional scholars and students as well as legal
historians. Previously published by Greenwood, this title has been
brought back in to circulation by Oxford University Press with new
verve. Re-printed with standardization of content organization in
order to facilitate research across the series, this title, as with
all titles in the series, is set to join the dynamic revision cycle
of The Oxford Commentaries on the StateConstitutions of the United
States.
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 ofProfessor 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.
This illuminating book explores the theme of social constructionism
in legal theory. It questions just how much freedom and power
social groups really have to construct and reconstruct law. Michael
Giudice takes a nuanced approach to analyse what is true and what
is false in the view that law is socially constructed. He draws on
accounts of European Union law as well as Indigenous legal orders
in North America to demonstrate the contingency of particular
concepts of law. Utilising evidence from a range of social and
natural sciences, he also considers how law may have a naturally
necessary core. The book concludes that while law would not exist
without beliefs, intentions, and practices, it must always exist as
a social rule, declaration, or directive; much, but not all, of law
is socially constructed. This book will be a valuable resource for
academics and students of law and philosophy as well as researchers
interested in the intersections between analytical legal theory,
socio-legal studies, and empirical legal studies.
This innovative book explores forgotten disputes over intellectual
property and the ways in which authors, inventors, publishers,
courts, and sovereigns have managed these disputes throughout the
centuries. With an eye on reform, it chronicles the resilience of
legal rules and challenges the methodology behind traditional legal
analyses. Disentangling lore from traditions, expert contributors
incorporate contextual understandings that are rooted in history,
sociology, political science, and literary studies into their
analyses. They explore the context of particular cases to reveal
the ramifications of specific doctrines for the evolution of
intellectual property practices. Chapters illuminate the various
facets of intellectual property lore: contract, authorship, common
law, and wartime property. Utilising novel methods and previously
unpublished materials on copyright, patent, and trademark law, the
book examines legal history and developments from multiple
perspectives. This rich and accessible book will prove to be a
valuable resource for students, academics of intellectual property
law, and legal historians. Its use of new materials and exploration
of key cases will also be beneficial for intellectual property
legal practitioners.
Besides his renowned prosecution of Gaius Verres, Cicero also
appeared as defence counsel in a number of cases in which former
governors were accused of misconduct in the provinces. This volume
unites two such defences, both incompletely preserved, from an
early phase of Cicero's career (ca. 69 BC) and from his maturity
(54 BC). The first speech is on behalf of Marcus Fonteius. Fonteius
was governor of Transalpine Gaul probably from 74 to 72 BC, a time
when the Romans were consolidating their control of that province
and simultaneously fighting a bitter war with rebels under
Sertorius in the Iberian Peninsula. Cicero defends Fonteius with
the argument that his measures, though severe, were in the state
interest. The second speech is on behalf of Marcus Aemilius
Scaurus, governor of Sardinia in 55, whose charges included not
only peculation but also cruelty and hounding a woman to suicide
through his unwanted attentions. In both cases Cicero seeks to stir
Roman prejudice against the foreign witnesses testifying for the
prosecution. The outcome of Fonteius' case is not clear from
surviving evidence, but Scaurus was acquitted, only to be condemned
and exiled on charges of corrupt electoral practices three years
later. Dyck's volume provides a general introduction on the Roman
extortion court and, for each speech, an introduction, English
translation, and the first detailed commentary in English.
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