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Where do ideas fit into historical accounts that take an expansive, global view of human movements and events? Teaching scholars of intellectual history to incorporate transnational perspectives into their work, while also recommending how to confront the challenges and controversies that may arise, this original resource explains the concepts, concerns, practice, and promise of "global intellectual history," featuring essays by leading scholars on various approaches that are taking shape across the discipline. The contributors to Global Intellectual History explore the different ways in which one can think about the production, dissemination, and circulation of "global" ideas and ask whether global intellectual history can indeed produce legitimate narratives. They discuss how intellectuals and ideas fit within current conceptions of global frames and processes of globalization and proto-globalization, and they distinguish between ideas of the global and those of the transnational, identifying what each contributes to intellectual history. A crucial guide, this collection sets conceptual coordinates for readers eager to map an emerging area of study.
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.
A majestic narrative reckoning with the forces that have shaped the nature and destiny of the world’s governing institutions The story of global cooperation is a tale of dreamers goading us to find common cause in remedying humanity’s worst problems. But international institutions are also tools for the powers that be to advance their own interests. Mark Mazower’s Governing the World tells the epic, two-hundred-year story of that inevitable tension—the unstable and often surprising alchemy between ideas and power. From the rubble of the Napoleonic empire in the nineteenth century through the birth of the League of Nations and the United Nations in the twentieth century to the dominance of global finance at the turn of the millennium, Mazower masterfully explores the current era of international life as Western dominance wanes and a new global balance of powers emerges.
H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
This book provides a historically informed reconstruction of the social practices that have shaped the formation of the modern subject from the early modern period to the present. The formal legal protections accorded to subjects are, and always have been, latent in social practices, norms, and language before they are articulated in formal legal orders. Vesting argues that in Western societies legal personhood is closely tied to three ideal types of social personhood – what he calls the gentleman, the manager, and Homo digitalis. By examining these three ideal types and their emergence in society, we can see that Western formal law does not bring these ideal types into being but, on the contrary, they arise from the social and cultural conditions that they generate and reflect. Correspondingly, Western legal personhood, or “legal subjectivity,” arises from the history and culture of Western nations, not the other way around. Therefore, signature features of Western formal law, particularly its valorization of the rights of persons (whether natural or nonnatural), come from the particular sociohistorical cultural developments that had already generated the strong ideas of social personhood inherent in the ideal types of the gentleman, the manager, and Homo digitalis. Subjectivity Transformed is a major contribution to legal and social theory and, with its original analysis of the formation of modern subjectivity, it will be of interest to students and scholars throughout the social sciences and humanities.
This book examines the development of the concept of intellectual property in the United States during the nineteenth century.