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Humanities & Social SciencesOctober 2017Britain and its internal others, 1750–1800
Under rule of law
by Dana Rabin, Andrew Thompson
The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.
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Trusted Partner
Humanities & Social SciencesOctober 2017Britain and its internal others, 1750–1800
Under rule of law
by Dana Rabin, Andrew Thompson
The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.
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Trusted Partner
Humanities & Social SciencesOctober 2017Britain and its internal others, 1750–1800
Under rule of law
by Dana Rabin, Andrew Thompson
The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law.
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Trusted Partner
Business, Economics & LawJanuary 2018Law and violence
Christoph Menke in dialogue
by Christoph Menke, David Owen
Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But Menke argues that reflexive awareness of such antinomies can counter the hold they have on us. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. The volume contains responses to Menke's essay by a variety of influential interlocutors and concludes with Menke's reply to his critics.
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Trusted Partner
Business, Economics & LawJanuary 2018Law and violence
Christoph Menke in dialogue
by Christoph Menke, David Owen
Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But Menke argues that reflexive awareness of such antinomies can counter the hold they have on us. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. The volume contains responses to Menke's essay by a variety of influential interlocutors and concludes with Menke's reply to his critics.
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Trusted Partner
Business, Economics & LawJanuary 2018Law and violence
Christoph Menke in dialogue
by Christoph Menke, David Owen
Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But Menke argues that reflexive awareness of such antinomies can counter the hold they have on us. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. The volume contains responses to Menke's essay by a variety of influential interlocutors and concludes with Menke's reply to his critics.
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Trusted Partner
Humanities & Social SciencesDecember 2017Democratic inclusion
Rainer Bauböck in dialogue
by Rainer Bauböck, David Owen
Who has a claim to be included in a democratic political community? Rainer Bauböck's lead essay splits this question into three: whose interests should be represented in democratic decisions? Whose rights ought to be protected by democratic governments? Who has a claim to citizenship and voting rights? These questions call for different responses. Democratic legitimacy requires taking into account interests negatively affected by a decision. It requires the provision of equal rights and contestation options for all subjected to the law. And it requires access to citizenship status and the vote for membership stakeholders with genuine links to a particular polity. Bauböck applies this theory to multilevel citizenship with different inclusion rules for states, municipalities and sub-national or supranational regions. The book includes commentaries by Joseph Carens, Iseult Honohan, Will Kymlicka, David Miller, David Owen and Peter Spiro and a rejoinder by Bauböck.
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Trusted Partner
Humanities & Social SciencesDecember 2017Democratic inclusion
Rainer Bauböck in dialogue
by Rainer Bauböck, David Owen
Who has a claim to be included in a democratic political community? Rainer Bauböck's lead essay splits this question into three: whose interests should be represented in democratic decisions? Whose rights ought to be protected by democratic governments? Who has a claim to citizenship and voting rights? These questions call for different responses. Democratic legitimacy requires taking into account interests negatively affected by a decision. It requires the provision of equal rights and contestation options for all subjected to the law. And it requires access to citizenship status and the vote for membership stakeholders with genuine links to a particular polity. Bauböck applies this theory to multilevel citizenship with different inclusion rules for states, municipalities and sub-national or supranational regions. The book includes commentaries by Joseph Carens, Iseult Honohan, Will Kymlicka, David Miller, David Owen and Peter Spiro and a rejoinder by Bauböck.
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Trusted Partner
Humanities & Social SciencesDecember 2017Democratic inclusion
Rainer Bauböck in dialogue
by Rainer Bauböck, David Owen
Who has a claim to be included in a democratic political community? Rainer Bauböck's lead essay splits this question into three: whose interests should be represented in democratic decisions? Whose rights ought to be protected by democratic governments? Who has a claim to citizenship and voting rights? These questions call for different responses. Democratic legitimacy requires taking into account interests negatively affected by a decision. It requires the provision of equal rights and contestation options for all subjected to the law. And it requires access to citizenship status and the vote for membership stakeholders with genuine links to a particular polity. Bauböck applies this theory to multilevel citizenship with different inclusion rules for states, municipalities and sub-national or supranational regions. The book includes commentaries by Joseph Carens, Iseult Honohan, Will Kymlicka, David Miller, David Owen and Peter Spiro and a rejoinder by Bauböck.
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Trusted Partner
Business, Economics & LawMarch 2017Law in popular belief
Myth and reality
by Edited by Anthony Amatrudo, Regina Rauxloh
In recent years there has been a significant growth in interest of the so-called "law in context" extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
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Trusted Partner
Humanities & Social SciencesMarch 2017Law in popular belief
Myth and reality
by Anthony Amatrudo, Regina Rauxloh
In recent years there has been a significant growth in interest of the so-called "law in context" extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
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Trusted Partner
Humanities & Social SciencesMarch 2017Law in popular belief
Myth and reality
by Anthony Amatrudo, Regina Rauxloh
In recent years there has been a significant growth in interest of the so-called "law in context" extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
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Trusted Partner
Humanities & Social SciencesNovember 2018Justice and mercy
Moral theology and the exercise of law in twelfth-century England
by Philippa Byrne, T. J. H. McCarthy, Carrie Beneš, Stephen Mossman, Jochen Schenk
This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
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Trusted Partner
Humanities & Social SciencesJanuary 2018Law and violence
Christoph Menke in dialogue
by Christoph Menke, David Owen
Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers in Germany today. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility of the law becoming self-reflectively aware of its own violence. The volume contains responses by María del Rosario Acosta López, Daniel Loick, Alessandro Ferrara, Ben Morgan, Andreas Fischer-Lescano and Alexander García Düttmann. It concludes with Menke's reply to his critics.
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Trusted Partner
Business, Economics & LawMay 2019Women before the court
Law and patriarchy in the Anglo-American world, 1600–1800
by Lindsay R. Moore, Pamela Sharpe
This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.
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Trusted Partner
Humanities & Social SciencesNovember 2018Justice and mercy
Moral theology and the exercise of law in twelfth-century England
by Philippa Byrne, T. J. H. McCarthy, Carrie Beneš, Stephen Mossman, Jochen Schenk
This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
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Trusted Partner
Humanities & Social SciencesNovember 2018Justice and mercy
Moral theology and the exercise of law in twelfth-century England
by Philippa Byrne, T. J. H. McCarthy, Carrie Beneš, Stephen Mossman, Jochen Schenk
This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
