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Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
In The Confucian-Legalist State, Dingxin Zhao offers a radically new analysis of Chinese imperial history from the eleventh century BCE to the fall of the Qing dynasty. This study first uncovers the factors that explain how, and why, China developed into a bureaucratic empire under the Qin dynasty in 221 BCE. It then examines the political system that crystallized during the Western Han dynasty, a system that drew on China's philosophical traditions of Confucianism and Legalism. Despite great changes in China's demography, religion, technology, and socioeconomic structures, this Confucian-Legalist political system survived for over two millennia. Yet, it was precisely because of the system's resilience that China, for better or worse, did not develop industrial capitalism as Western Europe did, notwithstanding China's economic prosperity and technological sophistication beginning with the Northern Song dynasty. In examining the nature of this political system, Zhao offers a new way of viewing Chinese history, one that emphasizes the importance of structural forces and social mechanisms in shaping historical dynamics. As a work of historical sociology, The Confucian-Legalist State aims to show how the patterns of Chinese history were not shaped by any single force, but instead by meaningful activities of social actors which were greatly constrained by, and at the same time reproduced and modified, the constellations of political, economic, military, and ideological forces. This book thus offers a startling new understanding of long-term patterns of Chinese history, one that should trigger debates for years to come among historians, political scientists, and sociologists.
This study focuses on the Legalists, an ancient school of Chinese philosophy, which perfected the science of government and art of statecraft. It gives an insight into the style of the Legalists' discourse and its impact on Chinese institutions and practices.
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
A survey of the documents and structures that exist within the United Nations concerning women in the development process. This edition has been updated to cover the post-Beijing period. It includes a new introduction and a commentary on the Fourth World Conference on Women and what it achieved.
The authors in this compilation address the issue of legalism from a variety of angles. John MacArthur shows, first that obedience to God is not an issue of legalism, but an issue of love. In his second chapter, he deals with the inevitable response of people who are confronted with Biblical standards, "Judge not that ye be not judged." Here MacArthur shows what our Lord meant when He said that, and shows what biblical discernment really is, that there is a vast difference between judgmental and holding people accountable to God's standards. Phil Johnson, in his first chapter, deals with Christian liberty. In his second chapter, he takes a critical look at two kinds of legalism, then explores the relationship of Christian love and Christian liberty. Joel Beeke shows that enthusiasm for God's law is not necessarily legalism. One can be zealous without being legalistic. As David wrote: "Oh, how I love Thy Law!" Bruce Bickel explains that legalism is due to a weak understanding of what Christ accomplished on the cross. Jim Elliff makes clear that legalism is an attack on unity within the Body of Christ, particularly local congregations. Ken Talbot helps us to see that legalism is inconsistent with and incompatible with the doctrine of justification by faith alone. He points out that the doctrine of "free will" leads to this dangerous position. Rick Phillips explores the relationship to loving God and obeying His law. Some today believe that love is all that matters, and that the law as a guideline to love is extinct. Then this author shows that Biblical sanctification is the antidote to and the opposite of legalism. Steven J. Lawson shows that legalism is the result of holding to man-made traditions over the truth of God's Word. Second, he points out how dangerous and deadly a thing legalism is and why. Table of Contents: 1. Introduction: What Legalism Is, What Legalism Does - Don Kistler 2. Truth Vs. Tradition - Stephen J. Lawson 3. Love and God's Law - Richard D. Philips 4. The Cross Is Enough - Bruce Bickel 5. The Danger of Legalism - Steven J. Lawson 6. Obedience: Love or Legalism? - John MacArthur 7. Zealous But not Legalistic - Joel Beeke 8. The Plague of Free-Will Moralism - Kenneth Talbot 9. Judging Vs. Biblical Discernment - John MacArthur 10. Stand Fast in Liberty - Phil Johnson 11. Real Love and Real Liberty - Phil Johnson 12. What Freedom From the Law Accomplishes For the Local Church - Jim Elliff 13. Biblical Sanctification: The Antidote to Legalism - Richard D. Philips
Since the days of the early church, Christians have struggled to understand the relationship between two seemingly contradictory concepts in the Bible: law and gospel. If, as the apostle Paul says, the law cannot save, what can it do? Is it merely an ancient relic from Old Testament Israel to be discarded? Or is it still valuable for Christians today? Helping modern Christians think through this complex issue, seasoned pastor and theologian Sinclair Ferguson carefully leads readers to rediscover an eighteenth-century debate that sheds light on this present-day doctrinal conundrum: the Marrow Controversy. After sketching the history of the debate, Ferguson moves on to discuss the theology itself, acting as a wise guide for walking the path between legalism (overemphasis on the law) on the one side and antinomianism (wholesale rejection of the law) on the other.