As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature - nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the ""subjects and objects"" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

Hambledon & London. Hardcover. Book Condition: New. Brand New Mint Hardcover With Dustjacket.

In "Legal Transplants," one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history.

When it was first published in 1974, "Legal Transplants" sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants.

For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources--custom, legislation, scholarly writing, and judicial precedent--from which it derives.

The Digest of Justinian, Volume 1 Revised English-Language Edition Edited by Alan Watson "A major achievement, and an event of the first importance."--"Journal of Legal History" "Definitive."--"The Retainer" "A landmark."--"Religious Studies Review" "Superb."--"Texas Bar Journal" When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the "Code," which collected the legal pronouncements of the Roman emperors, the "Institutes," an elementary student's textbook, and the "Digest," by far the largest and most highly prized of the three compilations. The "Digest" was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 2 Books 16-29]Volume 3 Books 30-40]Volume 4 Books 41-50] Alan Watson, Earnest P. Rogers Professor of Law at the University of Georgia, is the author of many books in legal history, including "Rome of the Twelve Tables"; "Roman Slave Law"; and "Sources of Law, Legal Change, and Ambiguity," the last published by the University of Pennsylvania Press. May 2008 768 pages 7 x 10 ISBN 978-0-8122-2033-9 Paper $34.95s 23.00 World Rights Law, Classics, History Short copy: The most famous and influential collection of legal materials in world history, now available in a four-volume English-language paperback edition.

The Digest of Justinian, Volume 2 Revised English-Language Edition Edited by Alan Watson "A major achievement, and an event of the first importance."--"Journal of Legal History" "Definitive."--"The Retainer" "A landmark."--"Religious Studies Review" "Superb."--"Texas Bar Journal" When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the "Code," which collected the legal pronouncements of the Roman emperors, the "Institutes," an elementary student's textbook, and the "Digest," by far the largest and most highly prized of the three compilations. The "Digest" was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 Books 1-15]Volume 3 Books 30-40]Volume 4 Books 41-50] Alan Watson, Earnest P. Rogers Professor of Law at the University of Georgia, is the author of many books in legal history, including "Rome of the Twelve Tables"; "Roman Slave Law"; and "Sources of Law, Legal Change, and Ambiguity," the last published by the University of Pennsylvania Press. May 2008 768 pages 7 x 10 ISBN 978-0-8122-2034-6 Paper $34.95s 23.00 World Rights Law, Classics, History Short copy: The most famous and influential collection of legal materials in world history, now available in a four-volume English-language paperback edition.

The Digest of Justinian, Volume 3 Revised English-Language Edition Edited by Alan Watson "A major achievement, and an event of the first importance."--"Journal of Legal History" "Definitive."--"The Retainer" "A landmark."--"Religious Studies Review" "Superb."--"Texas Bar Journal" When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the "Code," which collected the legal pronouncements of the Roman emperors, the "Institutes," an elementary student's textbook, and the "Digest," by far the largest and most highly prized of the three compilations. The "Digest" was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 Books 1-15]Volume 2 Books 16-29]Volume 4 Books 41-50] Alan Watson, Earnest P. Rogers Professor of Law at the University of Georgia, is the author of many books in legal history, including "Rome of the Twelve Tables"; "Roman Slave Law"; and "Sources of Law, Legal Change, and Ambiguity," the last published by the University of Pennsylvania Press. May 2008 768 pages 7 x 10 ISBN 978-0-8122-2035-3 Paper $34.95s 23.00 World Rights Law, Classics, History Short copy: The most famous and influential collection of legal materials in world history, now available in a four-volume English-language paperback edition.

The Digest of Justinian, Volume 4 Revised English-Language Edition Edited by Alan Watson "A major achievement, and an event of the first importance."--"Journal of Legal History" "Definitive."--"The Retainer" "A landmark."--"Religious Studies Review" "Superb."--"Texas Bar Journal" When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the "Code," which collected the legal pronouncements of the Roman emperors, the "Institutes," an elementary student's textbook, and the "Digest," by far the largest and most highly prized of the three compilations. The "Digest" was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 1 Books 1-15]Volume 2 Books 16-29]Volume 3 Books 30-40] Alan Watson, Earnest P. Rogers Professor of Law at the University of Georgia, is the author of many books in legal history, including "Rome of the Twelve Tables"; "Roman Slave Law"; and "Sources of Law, Legal Change, and Ambiguity," the last published by the University of Pennsylvania Press. May 2008 768 pages 7 x 10 ISBN 978-0-8122-2036-0 Paper $34.95s 23.00 World Rights Law, Classics, History Short copy: The most famous and influential collection of legal materials in world history, now available in a four-volume English-language paperback edition.

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law.

In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.

One of the world's foremost scholars of Roman and comparative law here describes the nature of legal traditions and develops a general and coherent view of legal change.

GOD IS: A Matter of Fact. Therefore, God not only withstands but clearly emerges from a rigorous Scientific Study of the Laws of Nature. The Theory of Fundamental Intelligence provides a valid, supportable, and elegant solution to many of the questions regarding the Forces that drive the Universe, Intelligent Behavior, and Human Interaction. GOD IS: A Matter of Fact overcomes the barriers of Restricted Science and allows Scientific Study of all reasonable theories for the Origin of the Universe and the Creation of Life. Fundamental Intelligence is the key to unlocking the secrets behind such theories as the Big Bang, the Grand Unified Theory, and the Theory of Everything. It also reconciles Charles Darwin s observations regarding Man s Selection and Natural Selection, and the corresponding hypothesis of Inclusive Fitness. GOD IS: A Matter of Fact validates that the Blessings of Liberty, a founding principle of the U.S. Constitution, flow from the Laws of Nature and Nature s God. The Scientific Study of a Supreme Intelligent Being and the Theory of Fundamental Intelligence offers the greatest opportunity to advance our understanding of the Universe, our World, and Human Behavior; and to avoid the disastrous consequences of the godless Social Science experiments of the 20th Century.

GOD IS: A Matter of Fact. Therefore, God not only withstands but clearly emerges from a rigorous Scientific Study of the Laws of Nature. The Theory of Fundamental Intelligence provides a valid, supportable, and elegant solution to many of the questions regarding the Forces that drive the Universe, Intelligent Behavior, and Human Interaction. GOD IS: A Matter of Fact overcomes the barriers of Restricted Science and allows Scientific Study of all reasonable theories for the Origin of the Universe and the Creation of Life. Fundamental Intelligence is the key to unlocking the secrets behind such theories as the Big Bang, the Grand Unified Theory, and the Theory of Everything. It also reconciles Charles Darwin s observations regarding Man s Selection and Natural Selection, and the corresponding hypothesis of Inclusive Fitness. GOD IS: A Matter of Fact validates that the Blessings of Liberty, a founding principle of the U.S. Constitution, flow from the Laws of Nature and Nature s God. The Scientific Study of a Supreme Intelligent Being and the Theory of Fundamental Intelligence offers the greatest opportunity to advance our understanding of the Universe, our World, and Human Behavior; and to avoid the disastrous consequences of the godless Social Science experiments of the 20th Century.

Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.

Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine.

At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests.

Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems.

After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.

In this book, Alan Watson argues that the slave laws of North and South America-the written codes defining the relationship of masters to slaves-reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.

In The Trial of Stephen Alan Watson studies the first Christian martyr, who was stoned to death by a mob outside of Jerusalem around A.D. 36 during his trial by the supreme rabbinic court for blasphemy against the Jewish faith. Watson focuses on Stephen's enthralling defense speech, as found solely in the Acts of Apostles, which is both the pivotal and, until now, least understood part of the fatal proceedings. Watson locates the speech in the well-known genre of criminal trial defenses, which shows that the conduct of the accused was either justified or needs no justification and that the prosecutors themselves are the real wrongdoers. Noting Stephen's departure from mainstream early Christian thought and the enmity he brought down upon all Christians, Watson suggests that Stephen was perhaps not only Christianity's first martyr, but also its first heretic.

In The Trial of Jesus Alan Watson argues that by virtue of Jesus's conviction and crucifixion at the hands of the Romans he failed to fulfill the prophecy of his messiahship in the manner he had intended. Jesus's destiny, as he saw it, was to be condemned by the Jewish authorities to death by stoning. This is just one of the provoking insights in Watson's fresh interpretation of the arrest, trial, and conviction of Jesus. Drawing on the four Gospels, writings from the period, and Jewish and Roman laws and customs, Watson adds substantially to what we know about Jesus himself, his prophesies, the justness of the charges against him, his degree of guilt, and the powers, prerogatives, and motivations of his accusers. The Trial of Jesus joins three other works by Watson-Jesus and the Jews, Jesus and the Law, and Jesus: A Profile (all Georgia)-to examine the early dynamism of western religion through refocused attention on biblical texts and other historical sources.

In Jesus and the Jews, Alan Watson reveals and substantiates a central yet previously unrecognized source for the composition of the Gospel of John. Strikingly antithetical to John's basic message, this source originated from an anti-Christian tradition promulgated by the Pharisees, the powerful and dogmatic teachers of Jewish law. The aims of this Pharisaic tradition, argues Watson, included discrediting Jesus as the Messiah, minimizing his historical importance, and justifying the Jewish authorities' role in his death. Jesus and the Jews joins three other works by Watson-The Trial of Jesus, Jesus and the Law, and Jesus: A Profile-to examine the early dynamism of western religion through refocused attention on biblical texts and other historical sources.

Alan Watson argues that a close examination of the Gospels in their historic and religious context reveals St. Mark's text as the most plausible account of how Jesus saw himself and how he was perceived by his contemporaries. In the gospel of Mark, Watson says that we see a Jesus who felt he was beyond the law-a man who was basically apolitical, hostile to dogma, and deliberately incomprehensible to his followers and enemies. Watson concludes that Jesus was essentially a cult leader-a charismatic individual who demanded personal faith from his followers with little regard to consistency or content of his message. Jesus: A Profile joins three other works by Watson-The Trial of Jesus, Jesus and the Law, and Jesus and the Jews-to examine the early dynamism of western religion through refocused attention on biblical texts and other historical sources.