Author : Dawn Oliver
Publisher : Cambridge University Press
Page : 356 pages
File Size : 38,64 MB
Release : 1999-08
Category : Business & Economics
ISBN : 9780406983039
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
Author : David Armitage
Publisher : Cambridge University Press
Page : 264 pages
File Size : 21,13 MB
Release : 2000-09-04
Category : History
ISBN : 9780521789783
The Ideological Origins of the British Empire presents a comprehensive history of British conceptions of empire for more than half a century. David Armitage traces the emergence of British imperial identity from the mid-sixteenth to the mid-eighteenth centuries, using a full range of manuscript and printed sources. By linking the histories of England, Scotland and Ireland with the history of the British Empire, he demonstrates the importance of ideology as an essential linking between the processes of state-formation and empire-building. This book sheds light on major British political thinkers, from Sir Thomas Smith to David Hume, by providing fascinating accounts of the 'British problem' in the early modern period, of the relationship between Protestantism and empire, of theories of property, liberty and political economy in imperial perspective, and of the imperial contribution to the emergence of British 'identities' in the Atlantic world.
Author : Christine Daniels
Publisher : Routledge
Page : 337 pages
File Size : 38,99 MB
Release : 2013-10-18
Category : History
ISBN : 1136690891
In this innovative volume, leading historians of the early modern Americas examine the subjects of early modern, continuing colonization, and the relations between established colonies and frontiers of settlement. Their original essays about centers and peripheries in Spanish, Portuguese, French, Dutch, and British America invite comparison.
Author : J. H. W. Verzijl
Publisher : Brill Archive
Page : 664 pages
File Size : 39,19 MB
Release : 1970-12-31
Category : Law
ISBN : 9789021890500
Author : James Charles Smith
Publisher : Routledge
Page : 336 pages
File Size : 13,25 MB
Release : 2016-04-15
Category : Law
ISBN : 1317074688
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Author : Kinji Akashi
Publisher : BRILL
Page : 213 pages
File Size : 25,54 MB
Release : 2024-01-15
Category : Law
ISBN : 9004635319
In offering a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743) - the eminent Dutch jurist known traditionally as a `positivist', in the history of international law - this work goes beyond an analysis of the `classics' per se to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice and the reconsideration of methodological differences among historical figures like Grotius, Pufendorf, and Vattel. It also covers some fundamental problems of international law generally, such as the meaning of positivism and positive law and the function of reason. The work comprises three main parts: - the construction of Van Bynkershoek's general theory of the law of nations, - an overview and analysis of the contemporary practice relevant to his theories on the laws of neutral commerce, and - the 'genealogy' of Van Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists. Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.
Author : Mohammed Bedjaoui
Publisher : Martinus Nijhoff Publishers
Page : 1339 pages
File Size : 42,9 MB
Release : 1991
Category : Law
ISBN : 9231027166
The arrival of the "International Law: Achievements and Prospects" can fairly be described as a major event in international legal publishing. It has been written by international lawyers from the North, the South, the East and the West, whose differing origins and different, or even opposed, academic backgrounds have ensured that the book encapsulates and brings into focus the main forms of civilization' and the principal legal systems of the world'. The book's most distinctive feature is its international, multi-cultural and polyphonic nature. "International Law: Achievements and Prospects" aims to inform and to educate, to make the discipline of international law accessible to a very broad public, and to promote a meeting of minds on fundamental notions, key concepts, and the guiding principles of international law, over and beyond frontiers, ideologies and doctrines. In addition, it is intended to provide a framework for thought, to describe what international law is today, to specify its nature, define its purpose and show its strengths, and also to point out its weaknesses. All the contributing authors are or have been practitioners of international law. Their contributions express a global view of international law which helps to unravel the complex reality of the contemporary world. "International Law: Achievements and Prospects" has been produced under the auspices of UNESCO; its content also aspires to reflect, in some measure, the imprint of that Organization's sponsorship.
Author : Eirik Magnus Fuglestad
Publisher : Springer
Page : 231 pages
File Size : 19,19 MB
Release : 2018-06-01
Category : History
ISBN : 3319899503
In the eighteenth century, before a national political movement took hold in either the United States or Norway, both countries were agrarian societies marked by widespread private land ownership. Tracing the emergence and development of national ideology in each, Eirik Magnus Fuglestad argues that land ownership became tied up with these national ideologies and was ultimately a central driver of nationalism. In this book, the United States and Norway emerge as propertied communities, shaped by historical narratives of self-government and by property regimes that linked popular sovereignty with land ownership. Covering the mid-eighteenth century through industrialization in the nineteenth century, this book lays the groundwork for understanding the rise of nationalism as an agrarian, landed phenomenon, which later became the foundation of industrial society.
Author : Justin Desautels-Stein
Publisher : Oxford University Press
Page : 369 pages
File Size : 28,53 MB
Release : 2023-03-09
Category : Law
ISBN : 0198862164
In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Author : United States. Congress. Senate. Committee on Interior and Insular Affairs
Publisher :
Page : 598 pages
File Size : 12,8 MB
Release : 1951
Category : Petroleum
ISBN :
