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Books > Law > Jurisprudence & general issues > Legal history
Most books about public power and the state deal with their subject
from the point of view of legal theory, sociology or political
science. This book, without claiming to deliver a comprehensive
theory of law and state, aims to inform by offering a fresh reading
of history and institutions, particularly as they have developed in
continental Europe and European political and legal science.
Drawing on a remarkably wide range of sources from both Western and
Eastern Europe, the author suggests that only by knowing the
history of the state, and state administration since the twelfth
century, can we begin to comprehend the continuing importance of
the state and public powers in modern Europe. In an era of
globalization, when the importance of international law and
institutions frequently lead to the claim that the state either no
longer exists or no longer matters, the truth is in fact more
complex. We now live in an era where the balance is shifting away
from the struggle to build states based on democratic values,
towards fundamental values existing above and beyond the borders of
nations and states, under the watchful gaze of judges bound by the
rule of law.
The Alabama State Constitution provides extensive analysis on
American's longest state constitution, with an emphasis on the
impact of recent court decisions declaring several of its most
recently adopted provisions as in conflict with the U.S.
Constitution and thus invalid. Since entering the Union in 1819,
Alabama has had six constitutions. While the original constitution
was regarded as one of the most progressive in the nation, its
current constitution, adopted in 1901, is one of the most
restrictive, especially from the perspective of the limits it
imposes on local governments. The second edition updates and
expands the previous edition, providing new analysis, with
citations to court decisions and relevant scholarly commentary.
This edition provides important accompanying explanations on newly
added provisions including gay marriage, immigration, environmental
protection, energy, and taxation and the court decisions
interpreting them. 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.
Making extensive use of archival and other primary sources, David
Schorr demonstrates that the development of the "appropriation
doctrine," a system of private rights in water, was part of a
radical attack on monopoly and corporate power in the arid West.
Schorr describes how Colorado miners, irrigators, lawmakers, and
judges forged a system of private property in water based on a
desire to spread property and its benefits as widely as possible
among independent citizens. He demonstrates that ownership was not
dictated by concerns for economic efficiency, but by a regard for
social justice.
This book critically explores the development of radical
criminological thought through the social, political and cultural
history of three periods in Ancient Greece: the Classical, the
Hellenistic and the Greco-Roman periods. It follows on from the
previous volume which examined concepts of law, legitimacy, crime,
justice and deviance through a range of Ancient Greek works
including epic and lyrical poetry, drama and philosophy, across
different chapters. This book examines the three centuries that
followed which were very important for the history of radical
thinking about crime and law. It explores the socio-political
struggles and how ruptures produced breaks in knowledge production
and developed the field of deviance and social control. It also
examines the key literature, religions and philosophers of each
period. The gap between social consensus and social conflict
deepened during this time and influenced the theoretical discourse
on crime. These elements continue to exist in the theoretical
quests of the modern age of criminology. This book examines the
links between the origins of radical criminology and its future. It
speaks to those interested in the (pre)history of criminology and
the historical production of criminological knowledge.
This book explores the concept of deference as used by historians
and political scientists. Often confused and judged to be outdated,
it shows how deference remains central to understanding British
politics to the present day. This study aims to make sense of how
political deference has functioned in different periods and how it
has played a crucial role in legitimising British politics. It
shows how deference sustained what are essentially English
institutions, those which dominated the Union well into the second
half of the twentieth century until the post-1997 constitutional
transformations under New Labour. While many dismiss political and
institutional deference as having died out, this book argues that a
number of recent political decisions - including the vote in favour
of Brexit in June 2016 - are the result of a deferential way of
thinking that has persisted through the democratic changes of the
twentieth century. Combining close readings of theoretical texts
with analyses of specific legal changes and historical events, the
book charts the development of deference from the eighteenth
century through to the present day. Rather than offering a
comprehensive history of deference, it picks out key moments that
show the changing nature of deference, both as a concept and as a
political force.
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