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Author | : Francesca Iurlaro |
Publisher | : Oxford University Press |
Total Pages | : 486 |
Release | : 2021-12-23 |
Genre | : Law |
ISBN | : 0192652826 |
Download The Invention of Custom Book in PDF, ePub and Kindle
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Author | : Francesca Iurlaro |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2022-01-22 |
Genre | : Customary law |
ISBN | : 0192897950 |
Download The Invention of Custom Book in PDF, ePub and Kindle
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Author | : Eric Hobsbawm |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 1992-07-31 |
Genre | : History |
ISBN | : 9780521437738 |
Download The Invention of Tradition Book in PDF, ePub and Kindle
This book explores examples of this process of invention and addresses the complex interaction of past and present in a fascinating study of ritual and symbolism.
Author | : E. P. Thompson |
Publisher | : New Press/ORIM |
Total Pages | : 558 |
Release | : 2015-09-22 |
Genre | : Social Science |
ISBN | : 1620972166 |
Download Customs in Common Book in PDF, ePub and Kindle
The “meticulously researched, elegantly argued and deeply humane” sequel to the landmark volume of social history, The Making of the English Working Class (The New York Times Book Review). This remarkable study investigates the gradual disappearance of a range of cultural customs against the backdrop of the great upheavals of the eighteenth century. As villagers were subjected to a legal system increasingly hostile to custom, they tried both to resist and to preserve tradition, becoming, as E. P. Thompson explains, “rebellious, but rebellious in defense of custom.” Although some historians have written of riotous peasants of England and Wales as if they were mainly a problem for magistrates and governments, for Thompson it is the rulers, landowners, and governments who were a problem for the people, whose exuberant culture preceded the formation of working-class institutions and consciousness. Essential reading for all those intrigued by English history, Customs in Common has a special relevance today, as traditional economies are being replaced by market economies throughout the world. The rich scholarship and depth of insight in Thompson’s work offer many clues to understanding contemporary changes around the globe. “[This] long-awaited collection . . . is a signal contribution . . . [from] the person most responsible for inspiring the revival of American labor history during the past thirty years.” —The Nation “This book signals the return to historical writing of one of the most eloquent, powerful and independent voices of our time. At his best he is capable of a passionate, sardonic eloquence which is unequalled.” —The Observer
Author | : Marie Seong-Hak Kim |
Publisher | : Oxford University Press |
Total Pages | : 302 |
Release | : 2021 |
Genre | : History |
ISBN | : 0192845497 |
Download Custom, Law, and Monarchy Book in PDF, ePub and Kindle
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Author | : Gautham Rao |
Publisher | : University of Chicago Press |
Total Pages | : 288 |
Release | : 2016-05-10 |
Genre | : Business & Economics |
ISBN | : 022636707X |
Download National Duties Book in PDF, ePub and Kindle
Epilogue: Charleston, 1832 -- Abbreviations -- Notes -- Index
Author | : Jessica Helfand |
Publisher | : Yale University Press |
Total Pages | : 228 |
Release | : 2016-01-01 |
Genre | : Design |
ISBN | : 0300205090 |
Download Design Book in PDF, ePub and Kindle
A compelling defense for the importance of design and how it shapes our behavior, our emotions, and our lives Design has always prided itself on being relevant to the world it serves, but interest in design was once limited to a small community of design professionals. Today, books on "design thinking" are best sellers, and computer and Web-based tools have expanded the definition of who practices design. Looking at objects, letterforms, experiences, and even theatrical performances, award-winning author Jessica Helfand asserts that understanding design's purpose is more crucial than ever. Design is meaningful not because it is pretty but because it is an intrinsically humanist discipline, tethered to the very core of why we exist. For example, as designers collaborate with developing nations on everything from more affordable lawn mowers to cleaner drinking water, they must take into consideration the full range of a given community's complex social needs. Advancing a conversation that is unfolding around the globe, Helfand offers an eye-opening look at how designed things make us feel as well as how--and why--they motivate our behavior.
Author | : Hironori Asakura |
Publisher | : World Customs Organization |
Total Pages | : 156 |
Release | : 2003 |
Genre | : Customs administration |
ISBN | : 2874920215 |
Download World History of the Customs and Tariffs Book in PDF, ePub and Kindle
Author | : Siep Stuurman |
Publisher | : Harvard University Press |
Total Pages | : 429 |
Release | : 2017-02-20 |
Genre | : History |
ISBN | : 0674977513 |
Download The Invention of Humanity Book in PDF, ePub and Kindle
For much of history, strangers were routinely classified as barbarians and inferiors, seldom as fellow human beings. The notion of a common humanity was counterintuitive and thus had to be invented. Siep Stuurman traces evolving ideas of human equality and difference across continents and civilizations from ancient times to the present. Despite humans’ deeply ingrained bias against strangers, migration and cultural blending have shaped human experience from the earliest times. As travelers crossed frontiers and came into contact with unfamiliar peoples and customs, frontier experiences generated not only hostility but also empathy and understanding. Empires sought to civilize their “barbarians,” but in all historical eras critics of empire were able to imagine how the subjected peoples made short shrift of imperial arrogance. Drawing on the views of a global mix of thinkers—Homer, Confucius, Herodotus, the medieval Muslim scholar Ibn Khaldun, the Haitian writer Antenor Firmin, the Filipino nationalist Jose Rizal, and more—The Invention of Humanity surveys the great civilizational frontiers of history, from the interaction of nomadic and sedentary societies in ancient Eurasia and Africa, to Europeans’ first encounters with the indigenous peoples of the New World, to the Enlightenment invention of universal “modern equality.” Against a backdrop of two millennia of thinking about common humanity and equality, Stuurman concludes with a discussion of present-day debates about human rights and the “clash of civilizations.”
Author | : David J. Bederman |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-08-16 |
Genre | : Law |
ISBN | : 1139493663 |
Download Custom as a Source of Law Book in PDF, ePub and Kindle
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.