Religion, Race, Rights
Legal History
Autor:
Darian-Smith Eve
Darian-Smith Eve
Editura / Producator:
Hart Publishing
Hart Publishing
Pret : 108.00 lei
9781841137292
Data aparitiei: 11 Mai 2010
Nr pagini : 332
Data aparitiei: 11 Mai 2010
Nr pagini : 332
Detalii Religion, Race, Rights
Religion, Race, Rights - Landmarks in the History of Modern Anglo-American Law
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eitheenth centuries.
Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship.'
Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University.
'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving
interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism.'
Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University.
'In this volume, Eve Darian-Smith offers a passionate, wide- ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1517, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self-)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways.'
John Comaroff, University of Chicago.
'Little torques public policy in modern America quite like race, rights, and religion. The mix is explosive, fodder for shock-jocks of all political stripes. Few however appreciate the historical forces that gave shape to contemporary culture wars. Fewer still perceive that vehemently opposed positions share common roots in the religious history of Europe and its cultural offspring. Brilliantly and concisely canvassing five hundred years of the history of the west, Darian-Smith accounts for the lineage of complex ideas that inform contemporary America. She does so with clarity, insight, and sensitivity. This outstanding work is essential reading for those who would understand our shared present.'
W. Wesley Pue, Professor of Law and Nathan Nemetz Professor of Legal History,
University
'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship.'
Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University.
'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving
interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism.'
Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University.
'In this volume, Eve Darian-Smith offers a passionate, wide- ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1517, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self-)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways.'
John Comaroff, University of Chicago.
'Little torques public policy in modern America quite like race, rights, and religion. The mix is explosive, fodder for shock-jocks of all political stripes. Few however appreciate the historical forces that gave shape to contemporary culture wars. Fewer still perceive that vehemently opposed positions share common roots in the religious history of Europe and its cultural offspring. Brilliantly and concisely canvassing five hundred years of the history of the west, Darian-Smith accounts for the lineage of complex ideas that inform contemporary America. She does so with clarity, insight, and sensitivity. This outstanding work is essential reading for those who would understand our shared present.'
W. Wesley Pue, Professor of Law and Nathan Nemetz Professor of Legal History,
University
Clientii au mai comandat:
Pe aceeasi tematica: Legal History
Judicial Review, Socio-Economic Rights and the Human Rights ActIn the UK during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disad...
Victims' Rights, Human Rights and Criminal Justice. Reconceiving the Role of Third PartiesIn recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains i...
The Assignment of Contractual RightsAssignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractua...
Tort Law and Human Rights. The Impact of the ECHR on English LawCommon law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First,to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to...
Tort Law and Human Rights - Second Edition is a completely revised and expanded second edition, building on the first edition with two principal aims: first, to elucidate the role that domestic tort principles (including the new "remedy" under the Human Rights Act 1998) play in securing to citizens the human ...
Tort Liability for Human Rights AbusesAdvancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. ...
Tematici
» Abonamente
» Admitere
» Asistenta sociala
» Asigurari
» Business
» Cereri si actiuni in justitie
» Coduri si legi comentate
» Comert-Finante-Banci
» Comunicare si relatii publice
» Concurenta
Edituri
» --------------
» A.G.E.P.I.
» A.G.E.R.
» A.S.D.P.I.
» A.S.R.O.
» Academia Romana
» All
» Argessis
» ASAB
» ASE






