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The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
This book is about a new and different way of approaching and studying the history of the built environment and the use of historical precedents in design. However, although what I am proposing is new for what is currently called architectural history, both my approach and even my conclusions are not that new in other fields, as I discovered when I attempted to find supporting evidence. * In fact, of all the disciplines dealing with various aspects of the study of the past, architectural history seems to have changed least in the ways I am advocating. There is currently a revival of interest in the history of architecture and urban form; a similar interest applies to theory, vernacular design, and culture-environment relations. After years of neglect, the study of history and the use of historical precedent are again becoming important. However, that interest has not led to new approaches to the subject, nor have its bases been examined. This I try to do. In so doing, I discuss a more rigorous and, I would argue, a more valid way of looking at historical data and hence of using such data in a theory of the built environment and as precedent in environmental design. Underlying this is my view of Environment-Behavior Studies CEBS) as an emerging theory rather than as data to help design based on current "theory. " Although this will be the subject of another book, a summary statement of this position may be useful.
The Tsar's Happy Occasion shows how the vast, ornate affairs that were royal weddings in early modern Russia were choreographed to broadcast powerful images of monarchy and dynasty. Processions and speeches emphasized dynastic continuity and legitimacy. Fertility rites blended Christian and pre-Christian symbols to assure the birth of heirs. Gift exchanges created and affirmed social solidarity among the elite. The bride performed rituals that integrated herself and her family into the inner circle of the court. Using an array of archival sources, Russell E. Martin demonstrates how royal weddings reflected and shaped court politics during a time of dramatic cultural and dynastic change. As Martin shows, the rites of passage in these ceremonies were dazzling displays of monarchical power unlike any other ritual at the Muscovite court. And as dynasties came and went and the political culture evolved, so too did wedding rituals. Martin relates how Peter the Great first mocked, then remade wedding rituals to symbolize and empower his efforts to westernize Russia. After Peter, the two branches of the Romanov dynasty used weddings to solidify their claims to the throne. The Tsar's Happy Occasion offers a sweeping, yet penetrating cultural history of the power of rituals and the rituals of power in early modern Russia.
This book explores the historical dimension of David Hume's philosophy, a feature that Spencer Wertz calls 'historical empiricism.' According to Wertz, Hume sought to understand the present in terms of the past in a way that anticipates the historical constructionism of R.G. Collingwood and Herbert Butterfield. Hume's method is to tell a story about something's origin in which ideas yield impressions. These impressions eventually yield to experience that includes history as part of its structure. Arguing that Hume worked between history and philosophy, Wertz demonstrates that Hume's historical empiricism consists of four key concepts. These concepts are history, human nature, experience, and nature, all of which play a role in historical narration, taste, moral judgments, and the historiography of science. Bringing new insights to the study of Hume's work, this book will be an important resource for scholars of philosophy.
Designed for those studying law for the first time, this book explores where the English common law came from.
Accessible to students, tourists and general readers alike, this book provides a broad overview of Russian history since the ninth century. Paul Bushkovitch emphasizes the enormous changes in the understanding of Russian history resulting from the end of the Soviet Union in 1991. Since then, new material has come to light on the history of the Soviet era, providing new conceptions of Russia's pre-revolutionary past. The book traces not only the political history of Russia, but also developments in its literature, art and science. Bushkovitch describes well-known cultural figures, such as Chekhov, Tolstoy and Mendeleev, in their institutional and historical contexts. Though the 1917 revolution, the resulting Soviet system and the Cold War were a crucial part of Russian and world history, Bushkovitch presents earlier developments as more than just a prelude to Bolshevik power.