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Books > Law > Jurisprudence & general issues > Legal history
American Indian tribes have long been recognized as "domestic,
dependent nations" within the United States, with powers of
self-government that operate within the tribes' sovereign
territories. Yet over the years, Congress and the Supreme Court
have steadily eroded these tribal powers. In some respects, the
erosion of tribal powers reflects the legacy of an imperialist
impulse to constrain or eliminate any political power that may
compete with the state. These developments have moved the nation
away from its early commitments to a legally plural society-in
other words, the idea that multiple nations and their legal systems
could co-exist peacefully in shared territories. Shadow Nations
argues for redirecting the trajectory of tribal-federal relations
to better reflect the formative ethos of legal pluralism that
operated in the nation's earliest years. From an ideological
standpoint, this means that we must reexamine several long-held
commitments. One is to legal centralism, the view that the
nation-state and its institutions are the only legitimate sources
of law. Another is to liberalism, the dominant political philosophy
that undergirds our democratic structures and situates the
individual, not the group or a collective, as the bedrock moral
unit of society. From a constitutional standpoint, establishing
more robust expressions of tribal sovereignty will require that we
take seriously the concerns of citizens, tribal and non-tribal
alike, who demand that tribal governments operate consistently with
basic constitutional values. From an institutional standpoint,
these efforts will require a new, flexible and adaptable
institutional architecture that is better suited to accommodating
these competing interests. Argued with grace, humanity, and a
peerless scholarly eye, Shadow Nations is a clarion call for a true
and consequential rethinking of the legal and political
relationship between Indigenous tribes and the United States
government.
This text addresses the corporate causes of the collapse of the
Qing Dynasty and the emergence of modern Republican China. Weaving
together political, legal and business histories, it focuses on the
key relationship between China, cement and corporations, and
demonstrates how the particular circumstances of cement
manufacturing in nineteenth- and early twentieth-century China
serve to illuminate key aspects of Chinese political economy and
illustrate the importance of legal frameworks in the emergence of
industrial enterprises. Examining the centrality of legal
personality in China's historical story, seen from the angle of
cement manufacturing corporations, it offers an alternative
historical perspective on the making of the modern Chinese States
and delves into the involvement of larger-than-life historical
figures of modern China such as Yuan Shikai, Chiang Kai-shek and
the revolutionary and the father of modern China, Sun Yat-sen, in
the unfolding of these events.
The criminal class was seen as a violent, immoral and dissolute
sub-section of Victorian London's population. Making their living
through crime and openly hostile to society, the lives of these
criminals were characterised by drunkenness, theft and brutality.
This book explores whether this criminal class did indeed truly
exist, and the effectivenessof measures brought against it. Tracing
the notion of the criminal class from as early as the 16th century,
this book questions whether this sub-section of society did indeed
exist. Bach discusses how unease of London's notorious rookeries,
the frenzy of media attention and a [word deleted here] panic among
the general public enforced and encouraged the fear of the
'criminal class' and perpetuated state efforts of social control.
Using the Habitual Criminals Bills, this book explores how and why
this legislation was introduced to deal with repeat offenders, and
assesses how successful its repressive measures were. Demonstrating
how the Metropolitan Police Force and London's Magistrates were not
always willing tools of the British state, this book uses court
records and private correspondence to reveal how inconsistent and
unsuccessful many of these measures and punishments were, and calls
into question the notion that the state gained control over
recidivists in this period.
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