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In 1834 Antigua became the only British colony in the Caribbean to move directly from slavery to full emancipation. Immediate freedom, however, did not live up to its promise, as it did not guarantee any level of stability or autonomy, and the implementation of new forms of coercion and control made it, in many ways, indistinguishable from slavery. In Troubling Freedom Natasha Lightfoot tells the story of how Antigua's newly freed black working people struggled to realize freedom in their everyday lives, prior to and in the decades following emancipation. She presents freedpeople's efforts to form an efficient workforce, acquire property, secure housing, worship, and build independent communities in response to elite prescriptions for acceptable behavior and oppression. Despite its continued efforts, Antigua's black population failed to convince whites that its members were worthy of full economic and political inclusion. By highlighting the diverse ways freedpeople defined and created freedom through quotidian acts of survival and occasional uprisings, Lightfoot complicates conceptions of freedom and the general narrative that landlessness was the primary constraint for newly emancipated slaves in the Caribbean.
Originally published in 1985, and available for the first time in paperback, Bondmen & Rebels provides a pioneering study of slave resistance in the Americas. Using the large-scale Antigua slave conspiracy of 1736 as a window into that society, David Barry Gaspar explores the deeper interactive character of the relation between slave resistance and white control.
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
"This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
Revolution in the Balance presents a comprehensive analysis of the development of law, legal institutions, and the legal profession in socialist Cuba since the 1959 revolution and evaluates their impacts on contemporary Cuban society. It Evenson focuses on recent developments and analyzes developments in substantive areas of law.
Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842–1911), a chamber president of the German Supreme Court who was institutionalized after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber’s visions, desires, jurisprudence, and theology. Far from ending the judge’s legal investments, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber’s experience of bodily change and his account of interior life has been the subject of more than a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the judge’s desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and contributing authors set out to unfold Schreber’s complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transgressional text that has challenged law and heteronormativity.