However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean  Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

    In this classic work, Herbert Marcuse takes as his starting point Freud's statement that civilization is based on the permanent subjugation of the human instincts, his reconstruction of the prehistory of mankind - to an interpretation of the basic trends of western civilization, stressing the philosophical and sociological implications.

    Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

    Routledge is an imprint of Taylor & Francis, an informa company.

    Why capitalism cannot overcome its internal contradictions and the working class cannot "reform" away exploitation and economic crises.

    v. Darue Engineering & Manufacturing and Exxon-Mobil Corporation v. Allapattah Services, Inc.- a new chapter on Federal Rule 15 (Amendments to Pleadings), including amendments as of right, the relation back of amendments, and the confusing provision for amendments adding claims against new parties- citations reflecting the most current law throughout the book, which has been entirely updated

    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

    The book is a frame narrative primarily depicting a fictional island society as described by the character Raphael Hythloday who lived there some years, who describes and its religious, social and political customs.

    For Albert Camus, the urge to revolt is one of the "essential dimensions" of human nature, manifested in man's timeless Promethean struggle against the conditions of his existence, as well as the popular uprisings against established orders throughout history. And yet, with an eye toward the French Revolution and its regicides and deicides, he shows how inevitably the course of revolution leads to tyranny, as old regimes throughout the world collapse, The Rebel resonates as an ardent, eloquent, and supremely rational voice of conscience for our tumultuous times.Translated from the French by Anthony Bower.

    It was enacted by the sixth Babylonian king, Hammurabi. The stele containing the Code of Hammurabi was discovered in 1901 by the Egyptologist Gustav Jequier, a member of the expedition headed by Jacques de Morgan. The stele was discovered in what is now Khuzestan, Iran (ancient Susa, Elam), where it had been taken as plunder by the Elamite king Shutruk-Nahhunte in the 12th century BC. It is currently on display at the Louvre Museum in Paris.

    He argues that the only feasible explanations of scientific successes are historical explanations, and that anarchism must now replace rationalism in the theory of knowledge.

    Rousseau.

    Hence: Can Machiavelli, who makes the following observations, be Machiavellian as we understand the disparaging term? 1. So it is that to know the nature of a people, one need be a Prince; to know the nature of a Prince, one need to be of the people. 2. If a Prince is not given to vices that make him hated, it is unsusal for his subjects to show their affection for him. 3. Opportunity made Moses, Cyrus, Romulus, Theseus, and others; their virtue domi-nated the opportunity, making their homelands noble and happy. Armed prophets win; the disarmed lose. 4. Without faith and religion, man achieves power but not glory. 5. Prominent citizens want to command and oppress; the populace only wants to be free of oppression. 6. A Prince needs a friendly populace; otherwise in diversity there is no hope. 7. A Prince, who rules as a man of valor, avoids disasters, 8. Nations based on mercenary forces will never be solid or secure. 9. Mercenaries are dangerous because of their cowardice 10. There are two ways to fight: one with laws, the other with force. The first is rightly man’s way; the second, the way of beasts.

    Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy.About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

    To clear my way, I must be allowed to ask some plain questions, and the answers will probably appear as unequivocal as the axioms on which reasoning is built; though, when entangled with various motives of action, they are formally contradicted, either by the words or conduct of men.In what does man's pre-eminence over the brute creation consist?The answer is as clear as that a half is less than the whole; inReason.